Terms and Conditions Kore Collection
1. Kore Collection
All work of Carola Pavlik falls under her company Kore Collection (KvK 50714236), referred to as “Kore Collection”, “we” and “us”. Kore Collection sells through the website www.carolapavlik.com (referred to as “the webshop”) as well as at the studio (referred to as “the studio”). All sales and services of Kore Collection are covered by the following terms and conditions.
STUDIO SALES
2. Introduction
The following terms apply to the sale of Kore Collection artworks at the studio, including original, one-of-a-kind artworks and portrait commissions. These items are not sold through the webshop and are only available via the studio or by direct arrangement.
3. Title and risk
As soon as the purchase price is paid in full, you will become the legal owner of the artwork and, upon such payment, you will be responsible for the artwork and the risk of damage to or loss of the artwork will pass to you.
4. Pricing
Prices shown at the studio are in Euros and are inclusive of Dutch VAT at the applicable rate. Prices can vary from time to time.
5. Returns
5.1 Original, one-of-a-kind artworks and portrait commissions sold at the studio are made to order or are unique works, and it is therefore not possible to return your purchase.
6. Portrait commissions
6.1 If you would like to commission a portrait, you can contact Kore Collection at info@carolapavlik.com. You are required to send the photo you would like to base the portrait on, and to name the colours you would like to see in the portrait.
6.2 During the creative process of the portrait, you will twice have the opportunity to provide Kore Collection with your feedback. Kore Collection will process your feedback in the creative process. Once the portrait is finished, it is not possible to return it.
7. Ownership of the artwork copyright
Copyright in the artwork remains the property of Kore Collection. You may not produce any image of the artwork and may not, at any time, publish or submit for publication or reproduction any image of the artwork to any third party, including any internet website, for any purpose. Breach of these obligations may result in penalties.
8. Liability
Kore Collection makes no representation or warranty of any kind whatsoever, express or implied, in connection with the artwork. Kore Collection excludes all liability (whether in contract, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the artwork.
WEBSHOP ORDERS (LIMITED EDITION PRINTS)
9. Introduction
The webshop at www.carolapavlik.com offers exclusively limited edition prints of Kore Collection artworks, each finished with a hand-painted signature. Original, one-of-a-kind artworks and portrait commissions are not available through the webshop and can only be arranged via the studio (see “Studio Sales” above).
10. Eligibility to purchase
10.1 When you want to purchase a product you have to provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details, and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. We reserve the right to only accept orders from those over 18. Please refer to our privacy policy for further information about how we use your data.
10.2 The website is available only to individuals and others who meet Kore Collection’s terms of eligibility, whose applications are acceptable to Kore Collection and who have authorized Kore Collection to process a charge on their credit card in the amount of the total purchase price for the merchandise which they purchase. Kore Collection reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
11. Orders
11.1 Please note that items in your shopping basket are not reserved and may be purchased by other customers. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that your order has been received.
11.2 Unless you cancel your order, acceptance of your order and completion of the contract between you and Kore Collection will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in The Hague, The Netherlands.
11.3 All orders are subject to acceptance and availability.
11.4 Kore Collection reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within these terms and conditions. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the website (whether or not that merchandise has been sold), removing, screening or editing any materials or content on the website, refusing to process a transaction, or unwinding or suspending any transaction after processing has begun.
12. Payment
12.1 Payment can be made by iDEAL, VISA, MasterCard, Maestro, American Express, Giropay, Sofort Banking, bank transfer, Bancontact, direct debit, and any other methods which may be clearly advertised on the website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Kore Collection. You confirm that the credit/debit card being used is yours, or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kore Collection, we will not be liable for any delay or non-delivery. We take all reasonable care to make our website secure.
12.2 All credit card transactions in the webshop are processed using MultiSafepay, a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple and secure, Kore Collection uses the highest industry protection as per PCI DSS standards, HTTPS, data encryption and 3-D Secure technology via MultiSafepay.
12.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the webshop.
13. Pricing
13.1 Prices shown on the website are in Euros and are inclusive of Dutch VAT at the applicable rate, excluding shipping costs. For customers within the EU, Dutch VAT applies. For deliveries outside the EU, VAT is charged at the 0% export rate, in accordance with applicable customs and export regulations; import duties and local taxes in the destination country may still apply and are the responsibility of the recipient (see Article 16).
13.2 In case of a purchase in a non-EU country, the exchange rate of your payment provider will be leading and the prices on the Kore Collection site will be an indication.
13.3 Shipping costs depend on the destination and method of shipping. Shipping tariffs are included in the final order and mentioned in the order confirmation.
13.4 All prices and offers remain valid as advertised from time to time. The Euro price of a product displayed on the website at the time the order is accepted will be honoured, except in cases of obvious errors.
14. Insurance
Kore Collection insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third-party recipient for delivery purposes (for example, as a gift), you accept that evidence of a signature by the third party (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way.
15. Delivery
15.1 When we have received your order we strive to get your print to you as soon as possible. If the item you have ordered is in stock, it will be dispatched within 24 hours (on working days). If the item is not in stock and you live in the Netherlands, we strive to deliver your package within 5 working days. If the item is not in stock and you live in the EU, we strive to deliver within 10 working days. For information about delivery times to other parts of the world, please contact us at info@carolapavlik.com.
15.2 Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Kore Collection is not responsible for any delays caused by destination customs clearance processes or problems with courier companies. When you place an order on the website, we will send you an email with the tracking number on the day your package is dispatched. You can check the status of your shipment using the tracking number.
16. Import and customs duties
Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country. We recommend contacting your local customs office for current charges before ordering, so you are not surprised by unexpected charges.
17. Returns and exchanges
17.1 As all items sold through the webshop are limited edition prints finished with a hand-painted signature, if you are a consumer within the meaning of Article 5 of Book 7 of the Dutch Civil Code, you may return your purchase within 14 days after the package has been delivered to the delivery address, provided the print is returned in its original, undamaged condition. Given the delicate hand-painted finish, we ask that you handle the print with particular care and keep it in its original packaging until you have decided to keep it.
17.1a If the print shows signs of damage, creasing, or wear to the hand-painted signature or surface as a result of handling beyond what is reasonably necessary to inspect the item, Kore Collection reserves the right to deduct the resulting reduction in value from your refund, in accordance with Dutch and EU consumer protection law.
17.2 To process your return correctly, please fill in the information on the return form you received with your order and send it back to the address listed on the return form. Please send your package back in the original packaging and with the same courier company you received it with. If you are unsure which courier company to use, please email us at info@carolapavlik.com and we will let you know.
17.3 It is not possible to exchange your purchase. If you would like to order a different item, please return the original item and purchase the new item separately.
17.4 Your refund will be credited to the original purchaser’s credit card or bank account, and will exclude return shipping costs (with the exception of faulty items). If your order was sent to a destination outside the EU, customs duties and sales taxes are non-refundable through Kore Collection. Please note card refunds may take up to 10 business days for your bank to process, depending on their processing time. This can vary greatly between card issuers, and we are unable to influence this.
18. Claims
18.1 All items are quality controlled and checked for any faults before dispatch. Should you receive an item that is not in perfect condition, please contact us immediately at info@carolapavlik.com.
18.2 If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it with the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired, or the same product is not available, you are entitled to a full refund.
19. Intellectual property rights
Your use of the website www.carolapavlik.com and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described below), including Kore Collection’s software and all HTML and other code contained on this website. All such content, including third-party trademarks, designs and related intellectual property rights mentioned or displayed on www.carolapavlik.com, is protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Kore Collection and/or its third-party licensors. Any reproduction or redistribution of the Content is prohibited and may result in penalties. Copying and use of the Content to any other server, location or medium for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
20. Content
“Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website. Kore Collection tries to ensure that the information on this site is accurate and complete, but does not promise that its content is accurate or error-free. Kore Collection reserves the right to withdraw any Content from this website at any time and without reason. Property, software and content of and displayed on the website cannot be used for any commercial purpose, nor for any advertising activity on your own website. This website is for your personal use only.
21. Liability
21.1 The material displayed on www.carolapavlik.com is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, Kore Collection expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity, and shall not be liable for any damages whatsoever — including but not limited to direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services — arising out of or related to the use, inability to use, performance or failures of this website or linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Kore Collection’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
21.2 This website may contain hyperlinks to third-party websites other than Kore Collection, including advertisers. Kore Collection does not review all websites linked to this website and is not accountable for the availability of those external resources, nor for the privacy practices of that content, nor for any products, advertising, or other materials used by such websites, nor for any loss, damage or offence caused by the use of any goods, services or content available on those external resources.
21.3 We have made every effort to display the colours of the products in the webshop as accurately as possible. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
GENERAL
22. Introduction
The following terms apply to all contracts with Kore Collection, whether or not they are electronically concluded.
23. Waiver
If you breach these terms and conditions and Kore Collection takes no immediate action, we will still be entitled to use our rights and remedies in any later event.
24. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
