Terms and conditions
These general terms and conditions are translated from the Dutch version of "Algemene Verkoopvoorwaarden van Unruly Gallery".
We have taken great care in translating these General Terms and Conditions, but differences in interpretation may occur. No legal right may therefore be derived from the translated version and the Dutch version will always prevail.
Article 1 : GENERAL
1.1 Any reference to 'Unruly Gallery' in these Terms and Conditions will be understood as 'Unruly Gallery".
1.2 These General Terms and Conditions apply, with the exclusion of the applicability of any and all other General Terms and Conditions, to all offers by Unruly Gallery, as well as to all orders and agreements entered into with Unruly Gallery through Unruly Gallery.
1.3 These General Terms and Conditions are part of each offer and agreement with Unruly Gallery, unless parties have explicitly agreed differently in writing.
1.4 In case Unruly Gallery uses third parties these conditions also apply to the third parties.
1.5 Should any part of these Terms be invalid or unenforceable, the remaining provisions of the Terms remain in full force and parties shall try to agree on a new provision, reflecting the original intentions of the parties as much as possible.
1.6 In case parties disagree on the interpretation of one or more provisions of these terms, they should interpret the term so that it reflects the overall meaning of these terms.
1.7 Whenever a situation occurs between the parties which is not regulated in these terms, the parties should assess such situation, taking into account the overall meaning of these terms.
1.8 In case Unruly Gallery does not require the strict observance of these terms and conditions in a particular situation, this shall not be considered to constitute a precedent for any other situation, nor would Unruly Gallery lose its right to request the observance of these terms and conditions in any other situation.
Article 2 : OFFER, ACCEPTANCE AND AGREEMENTS
2.1. Each offer on the website is non-binding, unless Unruly Gallery explicitly states otherwise. Any offer or promotion expires immediately when the product is no longer available.
2.2. When a customer has accepted an offer, by having paid for it , this will constitute an agreement between the customer and Unruly Gallery. However, Unruly Gallery will be entitled to refuse to execute the agreement or to request additional information. If an order is not accepted, Unruly Gallery will state the reasons therefore to the customer.
2.3. Specific terms and conditions for a particular order will not automatically be applied to a new or replacing order.
2.4. Unruly Gallery cannot be forced to enter into an agreement, if and insofar the customer could and should have understood that Unruly Gallerys offer or part thereof was a mistake or contained an obvious typo.
2.5. Unruly Gallery has taken every care in the preparation of the contents of its website Unruly Gallery. However, it may occur that the contents of the site are incorrect, obsolete or incomplete. The customer cannot derive any rights from the contents of the website. Furthermore, Unruly Gallery is not responsible nor liable for damages arising from actions or non-actions based on the information published on the website.
2.6. Amendments, additions or new agreements relating to an offer are only valid if agreed upon in writing between both parties.
Article 3 : PRICES AND PRICE INCREASES
3.1. All prices are expressed in Euros. Shipping costs are not included, unless stated otherwise. Before the final conclusion of the contract, the total price including shipping will be displayed on the website.
3.2. Unruly Gallery guarantees that price increases will not occur after a contract has been concluded, unless the price increase is the result of legislation, or in case artile 2.4. of these terms and conditions applies in relation to the price mentioned on the website.
Article 4 : PAYMENT
4.1 The customer will have to pay the full price in advance, by using paypal or Ideal.
4.2 The customer expressly consents that Unruly Gallery can do what it needs to do to have the payment executed.
4.3 If the payment is done through Ideal, the payment date is the date that Unruly Gallery has received the money in its bank account.
Article 5 : DELIVERY
5.1. Unruly Gallery intends, but cannot be required, to have orders sent within 1 working day following receipt of the payment. 5.2.When 1 or 2 T-shirts have been ordered, the order will be sent as TNT's 'Brievenbuspost'. When more than 2 T-shirts have been ordered, the order will be sent as TNT's "Pakketpost", incurring different shipping costs. The shipping costs are displayed during the online order process.
5.3. Unruly Gallery will try to have an order delivered ultimately 30 days after the order has been placed, unless the customer has requested a longer delivery period. If, for whatever reason, an order cannot be delivered by this date, Unruly Gallery will inform the customer about it. The customer will then have to right to cancel his order.
5.4. An order will not be sent in parts, unless Unruly Gallery and the customer have agreed on it.
Article 6 : EXCHANGE/ RETURN OF GOODS
6.1. The customer has the right to return the goods, for any reason whatsoever. However, the customer will only be entitled to a refund if the following conditions have been fulfilled:
6.1.1. The customer has informed Unruly Gallery in writing about the exchange or cancellation.
6.1.2. The goods will be returned and received by Unruly Gallery by the 14th day following the payment date.
6.1.3. The goods shall be unworn, undamaged, unwashed and packed in the original packaging.
6.1.4. The goods can only be sent back for free with TNT's return option. The customer will then receive a barcode, which he shall keep until the exchange process has been terminated. Unruly Gallery will inform and instruct the customer in details about how to return the goods, after the customer has notified Unruly Gallery about the exchange or the cancellation.
6.2. If the customer fails to comply with article 6.1., he will be liable for any cost related to the return of the goods, and he will lose his right to a refund.
6.3. Only one (1) return shipment will be allowed per order. Any costs in relation to additional return shipments will be borne by the customer.
6.4. If and insofar all conditions in this article have been fulfilled Unruly Gallery will refund the respective amount to the credit card of the customer. If the payment has been made through Ideal the customer will have to provide Unruly Gallery with his bank details, in order for Unruly Gallery to be able to transfer the amount into the bank account.
6.5. An exchange is only possible if the T-shirt requested is in stock. If not, the order will be cancelled and Unruly Gallery will refund the payment.
6.6. Goods which are in promotion cannot be exchanged.
Article 7: CANCELLATION
7.1. Each order can be canceled within 24 hours after the customer had placed the order, provided it has not been shipped yet. The customer shall inform Unruly Gallery as soon as possible after the product has been ordered, by e-mail about the cancellation. Unruly Gallery will confirm the cancellation and refund the payment within 14 days after the cancellation. In case the order had been shipped already, the customer will be informed that he can return the order, following the procedure of article 6.
Article 8: DISSOLUTION
8.1. Notwithstanding Unruly Gallerys rights following the Dutch Civil Code, Unruly Gallery is entitled to dissolve or postpone the execution of the agreement, fully or partially, after having informed the customer in writing, in case of special circumstances, based on which it cannot be expected that Unruly Gallery continues the execution of the agreement.
8.2. Should the dissolution be accounted to the customer, the customer will be held to borne all costs made and damages suffered by Unruly Gallery in relation to the dissolution.
Article 9: ACT OF GOD
9.1. In case of an Act of God, Unruly Gallery reserves the right to annul, dissolve or cancel the agreement without any judicial interference, whilst informing the customer in writing. Unruly Gallery will not be held to pay any damages to the customer, unless this would be reasonable, taking into account the circumstances
9.2. An Act of God ("overmacht") is defined in the law, and includes anything that might happen out of the influence of Unruly Gallery, as a result of which situation the delivery or the production of the products has become impossible.
Article 10: PRODUCT QUALITY
10.1. Unruly Gallery warrant that the quality of its products meets the standards for normal and reasonable use.
10.2. Upon receipt of the order the customer shall inspect the order immediately. If the order is damaged or incomplete, or otherwise fails to meet the customer's expectations, the customer shall inform Unruly Gallery immediately, before returning the goods. Unruly Gallery will then instruct the customer about any return options.
10.3. Although the products and goods displayed on the website are represented clearly and truthfully, small deviations in color are possible and do not constitute a faulty product.
Article 11: APPLICABLE LAW 11.1. Dutch law is applicalble to these terms and conditions and all agreements with Unruly Gallery.
Personal data and data processing
Personal information is collected and processed for the order and delivery process. The user/customer is requested to provide: * Name * Address* Postal code * City * Country * E-mail* Telephone * Mobile phone *
Payment data is collected and processed for administrative purposes, being the payment of an order. The information collected depends on the choice of payment method (MasterCard, VISA, PayPal, iDEAL). Payments on the website Unruly Gallery are secured.
Traffic date such as IP address, browser type and preferred language, and the date and time of your visit, may be collected and processed in order to analyse the navigation of the user. This would include improving the functionality and usability of the site. Furthermore, this information may be used for analysis and providing information on the product of Unruly Gallery. Unruly Gallery also used non-personal information to the total number of visitors to the site to be determined. It may also be used for communication purposes. Such data may also be used for communication purposes.
We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience
Use of data for marketing Unruly Gallery
When a user/customer registers on the website Unruly Gallery he/she can sign up for the newsletter and / or offers of Unruly Gallery. Whenever the user wants to unsubscribe to the newsletter or other offers he/she can do so by replying to an e-mail of Unruly Gallery with the request to unsubscribe.
Provision of information to third parties
Unruly Gallery will not share personal information with others except as to a limited class of third parties, as indicated below, for the proper execution of an order. These third parties will process the information for administrative purposes: * iDEAL.
* Service providers, such as credit-card payment processors, performing services on Unruly Gallery's behalf.
Unruly Gallery will not provide any other third parties with the data, except when it is required to do so in order to comply with legal requirements.
In case a customer or user of Unruly Gallery has, intentionally or not, infringed the rights or property of Unruly Gallery, and/or of its users or customers, or any third party which suffers damages or disadvantages, caused by this person, Unruly Gallery is entitled to disclose personal data of this user/customer, in order to identify this person, to get in contact with him/her and/or to start a lawsuit against him/her.
The website Unruly Gallery might contain third party ads or links to other websites. Unruly Gallery is not responsible for the contents or the privacy rules of such other websites. A link or an ad on Unruly Gallery does not imply an approval of Unruly Gallery with regard to the contents of such sites.
All rights reserved © Unruly. Although we have taken every care in the preparation of the contents of this website, it can occur that the contents of the site is incorrect, obsolete or incomplete. No rights can be derived from the contents of this website. Furthermore, Unruly Gallery is not responsible nor liable for damages which can arise as a result of the contents of the site. In case of obscurity concerning the correctness or the completeness of the information please contact us on firstname.lastname@example.org.