Terms & Conditions

Article 1: Definitions

1. The Unscripted Gallery is part of Attention Seekers, with its registered office in Amsterdam, KvK number 76126692, is referred to in these general terms and conditions as the seller.
2. The other party of the seller is referred to in these general terms and conditions as buyer.
3. The parties are the seller and the buyer together.
4. The contract shall be referred to as the purchase agreement between the parties.

Article 2: Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
2. Deviations from these terms and conditions are only possible if expressly agreed in writing by the parties.

Article 3: Payment

1. The full purchase price is always paid immediately in the store. For reservations, in some cases a down payment is expected. In that case the buyer will receive proof of the reservation and prepayment.
2. If buyer does not pay on time, he is in default. If buyer remains in default, seller is entitled to suspend obligations until buyer has fulfilled his payment obligation.
3. If buyer remains in default, seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer shall be immediately due and payable.
5. If the buyer refuses to cooperate in the execution of the order by the seller, he shall still be obliged to pay the agreed price to the seller.

Article 4: Offers, quotations and price

1. Offers are without obligation, unless the offer states a period for acceptance. If the offer is not accepted within that period, the offer will lapse.
2. Delivery times in offers are indicative and do not entitle the buyer to dissolution or damages if they are exceeded, unless the parties have expressly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must agree this explicitly and in writing.
4. The price mentioned on offers, quotations and invoices consists of the purchase price including VAT and any other government levies due.

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

Discount Codes
Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue.

These T&Cs relate to all our promotions, competitions and discount codes (unless otherwise stated). Only one promotion code can be used per order.

A promotion code can’t be used after an order has been placed. 

Article 5: Right of withdrawal

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days (right of withdrawal). This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur. With personalized products, withdrawal is not possible.
2. During the withdrawal period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will keep the unused and undamaged product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all delivered accessories and – if reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days, after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment. 
4. If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact. 

Article 6: Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, the costs of returning the products will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.

Article 7: Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products 

1. that have been created by the entrepreneur according to specifications of the consumer;
2. that are clearly personal in nature;
3. Which by their nature can not be returned;
4. Which spoil or age quickly;
5. whose price is subject to fluctuations in the financial market that are beyond the Entrepreneur’s control;
6. For individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services

1. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
2. Of which the delivery has started with the express consent of the consumer before the withdrawal period has expired;
3. Concerning betting and lotteries.

Article 8: Modification of the agreement

1. If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to modify or supplement the work to be done, the parties shall timely and in mutual consultation adapt the agreement accordingly.
2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected as a result. The Seller shall inform the Buyer of this as soon as possible.
3. If the amendment or supplement to the Agreement has financial and/or qualitative consequences, Seller shall inform Buyer thereof in writing in advance.
4. If the parties have agreed on a fixed price, the Seller shall also indicate to what extent the amendment or supplement to the Agreement will result in an overrun of this price.
5. Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is the result of circumstances attributable to him.

Article 9: Delivery and transfer of risk

1. As soon as the purchased item is received by the Purchaser, the risk shall pass from the Seller to the Purchaser.

Clause 10: Examination, complaints

1. Purchaser is obliged to examine the delivered goods, or have them examined, at the time of delivery or transfer, but in any case within as short a period as possible. In doing so, the Buyer must examine whether the quality and quantity of the goods delivered are in accordance with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (commercial) dealings.
2. Complaints relating to damage, shortages or loss of delivered goods must be submitted to vendor in writing within 10 working days of the day of delivery of the goods by purchaser.
3. If the complaint is declared well-founded within the specified period, vendor shall be entitled to either repair, redeliver or abandon delivery and send purchaser a credit note for that part of the purchase price.
4. Minor and/or industry-standard deviations and differences in quality, number, size or finish cannot be held against the seller.
5. Complaints regarding a certain product do not affect other products or parts belonging to the same agreement.
6. No complaints will be accepted after the goods have been processed at the buyer’s premises.

Article 11: Samples and models

1. If a sample or model has been shown or provided to purchaser, it is presumed to have been provided only as an indication without the matter to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
2. In the case of agreements concerning immovable property, a statement of the surface area or other measurements and indications shall also be presumed to have been provided merely as an indication, without the item to be delivered having to correspond to it.

Article 12: Delivery

1. Delivery is made “ex factory/shop/warehouse. This means that all costs are for the buyer.
2. Purchaser is obliged to take delivery of the goods at the moment that vendor delivers them or has them delivered to him, or at the moment at which these goods are made available to him in accordance with the agreement.
3. If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer’s expense and risk.
4. If the goods are delivered, Seller shall be entitled to charge any delivery costs.
5. If the Seller requires information from the Buyer for the execution of the agreement, the delivery period will commence after the Seller has made the information available to the Buyer.
6. A delivery time stated by the Seller is indicative. It is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
7. The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In the event of delivery in parts, the Seller shall be entitled to invoice these parts separately.

Article 13: Force majeure

1. If the Seller cannot fulfil its obligations under the Agreement, or cannot fulfil them on time or properly, due to force majeure, it shall not be liable for any loss or damage suffered by the Buyer.
2. By force majeure the parties mean in any case every circumstance which the seller could not take into account at the time the agreement was entered into and as a result of which the normal performance of the agreement cannot reasonably be demanded by the buyer, such as illness, war or threat of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation of premises, strikes, lock-outs, changed government measures, transport difficulties, and other disruptions in the seller’s business.
3. Furthermore, the parties shall understand by force majeure the circumstance that supplying companies on which the seller depends for the execution of the agreement do not comply with the contractual obligations towards the seller, unless this can be blamed on the seller.
4. If a situation as referred to above arises as a result of which the Seller cannot fulfill its obligations to the Buyer, those obligations shall be suspended for as long as the Seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall be entitled to dissolve the agreement in writing in whole or in part.
5. If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 14: Transfer of rights

1. Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision counts as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

Article 15: Retention of title and right of retention

1. The goods and parts delivered to the Seller shall remain the Seller’s property until the Buyer has paid the agreed price in full. Until that time, the Seller may invoke its retention of title and repossess the goods.
2. If the agreed amounts to be paid in advance are not paid or not paid on time, the seller is entitled to suspend the work until the agreed part has been paid. A creditor’s default shall then exist. Delayed delivery cannot be held against the seller in this case.
3. The seller is not authorized to pledge or otherwise encumber the goods subject to its retention of title.
4. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage and against theft and to make the policy available for inspection on demand.
5. If goods have not yet been delivered but the agreed advance payment or price has not been paid as agreed, the Seller shall have the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with agreement.
6. In case of liquidation, insolvency or suspension of payment of purchaser, purchaser’s obligations shall be immediately due and payable.

Article 16: Liability

1. Any liability for damages arising from or related to the performance of an agreement shall always be limited to the amount paid out in the case in question by the liability insurance(s) taken out. This amount shall be increased by the amount of the excess according to the relevant policy.
2. Not excluded is the vendor’s liability for damage resulting from intent or deliberate recklessness on the part of the vendor or its executive employees.

Article 17: Obligation to complain

1. Purchaser is obliged to immediately report complaints about the work performed to vendor. The complaint shall contain as detailed a description as possible of the shortcoming, so that the Seller is able to respond adequately.
2. If a complaint is well-founded, vendor is obliged to repair and possibly replace the good.

Article 18: Guarantees

1. If guarantees are included in the agreement, the following shall apply. The seller guarantees that the goods sold comply with the agreement, that they will function without defects and that they are suitable for the use that the buyer intends to make of them. This warranty shall apply for a period of two calendar years after receipt of the sold item by the buyer.
2. The guarantee referred to is intended to create an allocation of risks between the Seller and the Buyer such that the consequences of a breach of guarantee will always be entirely for the Seller’s account and risk and that the Seller can never invoke Article 6:75 of the Dutch Civil Code with regard to a breach of guarantee. The provisions of the previous sentence also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.
3. The said guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when – without permission – the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.
4. If the guarantee provided by the Seller relates to an item produced by a third party, the guarantee shall be limited to the guarantee provided by that producer.

Article 19: Applicable law and competent court

1. Any agreement between the parties shall be governed exclusively by Dutch law.
2. The Dutch court in the district where The Unscripted Gallery part of Attention Seekers has its registered office/practice/office is exclusively competent to hear any disputes between the parties, unless the law imperatively requires otherwise.
3. The applicability of the Vienna Sales Convention is excluded.
4. If in legal proceedings one or more provisions of these general conditions are deemed unreasonably onerous, the other provisions shall remain in full force.