Sjer Jacobs
Artist and
Gallery Sjer

Contact

Schoolstraat 2
5951 CJ Belfeld
phone: +31 77 373 78 79
sjer@sjerjacobs.com

Opening hours

Saturday 13.30 - 16.30 (without appointment)
monday to friday by appointment

General terms and conditions

SJER JACOBS BEELDEND KUNSTENAAR BV

  1. General

1.1 The general terms and conditions apply to all legal relationships between Sjer Jacobs Beeldend Kunstenaar BV and the other party, unless the parties agree otherwise in writing.

1.2 Deviations from the general terms and conditions shall only be valid if expressly agreed in writing between the parties. Insofar as not expressly agreed otherwise in writing, Sjer Jacobs Beeldend Kunstenaar BV rejects the applicability of any terms and conditions used by the other party.

  1. Artworks

2.1 Sjer Jacobs Beeldend Kunstenaar BV guarantees to be authorised to sell or give on consignment the works of art.

2.2 Sjer Jacobs Beeldend Kunstenaar BV is exclusively entitled to all intellectual property on the artworks, even after the artworks have been sold. The other party is not permitted to make any alteration to the artworks of Sjer Jacobs Beeldend Kunstenaar BV.

2.3 Works of art may not be photographed or filmed – for commercial purposes – without prior written permission from Sjer Jacobs Beeldend Kunstenaar BV.

2.4 The works of art remain the property of Sjer Jacobs Beeldend Kunstenaar BV until the purchase price has been paid in full to Sjer Jacobs Beeldend Kunstenaar BV.

  1. Transfer of ownership and risk

3.1 Subject to the provisions of the following paragraphs of this article, the ownership and risk of the works of art shall pass to the other party upon delivery.

3.2 As long as the other party has not paid the full amount of the purchase price with any additional costs or has not provided security for this, Sjer Jacobs Beeldend Kunstenaar BV retains ownership of the works of art. In that case, ownership passes to the other party as soon as the other party has fulfilled all obligations towards Sjer Jacobs Beeldend Kunstenaar BV.

3.3 If Sjer Jacobs Beeldend Kunstenaar BV has reasonable doubt about the other party’s ability to pay, Sjer Jacobs Beeldend Kunstenaar BV is entitled to delay delivery of the works of art until the other party has provided security for payment. The other party is liable for the damages to be suffered by Sjer Jacobs Beeldend Kunstenaar BV due to the delayed delivery.

  1. Resale

4.1 The buyer is not authorised to resell the works of art if full payment has not been made by the other party in respect of works of art to Sjer Jacobs Beeldend Kunstenaar BV.

  1. Compensation and control on resale in case of failure of other party to pay purchase price in full

5.1 The other party, acting in contravention of the obligation to pay the purchase price in full on the date of delivery, forfeits in favour of Sjer Jacobs Beeldend Kunstenaar BV compensation for every transaction, which takes place in contravention of the prohibition on resale in the absence of full payment of the purchase price to Sjer Jacobs Beeldend Kunstenaar BV. The extent of the damage is fixed by the parties in advance at €. 10,000.00 per work of art, without prejudice to Sjer Jacobs Beeldend Kunstenaar BV’s right to claim full compensation.

5.2 Sjer Jacobs Beeldend Kunstenaar BV is authorised to have an independent accountant audit the other party’s books in order to monitor compliance with the ban on resale in the absence of full payment of the purchase price.

  1. Price and payment

6.1 The purchase price refers to the work of art. The price does not include packaging and delivery costs.

6.2 The other party shall be obliged to pay the purchase price in full on the date of delivery. The other party shall not be entitled to deduct any amount from the purchase price on account of a counterclaim put forward by the other party.

6.3 If the other party does not fulfil its payment obligation in time and also does not comply with a notice of default with a deadline of one week, Sjer Jacobs Beeldend Kunstenaar BV is authorised to regard the purchase agreement as dissolved without judicial intervention. In that case the other party shall be liable for the loss suffered by Sjer Jacobs Beeldend Kunstenaar BV from the costs of the notice of default.

6.4 If Sjer Jacobs Beeldend Kunstenaar BV proceeds to extrajudicial measures in the event of default of the other party, the costs thereof shall be borne by the other party. These costs amount to 15% of the invoice amount, with a minimum of €. 250.00.

  1. Work on sight

7.1 The other party is entitled to show the artworks at its own expense and risk at the homes of potential buyers. The other party is also entitled to give the works of art on view to potential buyers prior to the sale, in order to allow potential buyers to decide whether the work of art suits them. The other party is fully liable to Sjer Jacobs Beeldend Kunstenaar BV for all damage arising from showing or giving artworks on view.

  1. Dissolution

8.1 Without prejudice to the provisions in article 5, the purchase agreement shall be dissolved without judicial intervention after a written statement at the time when the other party is declared bankrupt, applies for (provisional) suspension of payments, or a request is granted by the court to declare the debt rescheduling scheme applicable, or loses the power of disposition of its assets or parts thereof as a result of attachment, receivership or otherwise, unless the receiver or trustee acknowledges the obligations arising from this purchase agreement as estate debt.

8.2 By dissolution, mutually existing claims become immediately due and payable. The other party shall be liable for damages suffered by Sjer Jacobs Beeldend Kunstenaar BV, including loss of profit and transport costs.

  1. Applicable law

9.1 This agreement is governed by Dutch law.

  1. Applicability of general terms and conditions

10.1 These general terms and conditions apply to all offers and acceptances on the part of Sjer Jacobs Beeldend Kunstenaar BV. Insofar as Sjer Jacobs Beeldend Kunstenaar BV would refer to other terms and conditions in its offer or acceptance, their applicability is expressly rejected.

  1. Disputes

11.1 A dispute shall be deemed to exist as soon as one of the parties so declares.

11.2 All disputes that may arise between the parties as a result of their agreement or further agreements resulting therefrom, or from any other existing or future legal relationship, such as, for instance, but not exclusively in respect of wrongful act, undue payment and unjust enrichment, will be settled by the Roermond District Court, except in so far as mandatory rules of jurisdiction would prevent this choice.