Terms and Conditions Kore Collection
1. Kore Collection
All work of Carola Pavlik falls under her company Kore Collection. Kore Collection (referred to as “Kore Collection”, “we” and “us”) sells through the website www.carolapavlik.com (referred to as “the webshop”) as well as in the gallery (referred to as “the gallery”). Kore Collection also organizes trainings. All sales and services of Kore Collection are covered by the following terms and conditions.
GALLERY SALES
2. Introduction
The following terms apply solely to the sale of a Kore Collection artwork in the gallery at the premises of Kore Collection.
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 in the gallery are in Euros and are inclusive of VAT at the applicable rate. Prices
can vary from time to time.
5. Returns
5.1 You may return your purchase to the gallery within 7 days after the date of sale.
5.2 Every item comes in a linen box. The item itself is packaged in a sealed transparent
wrapping. If The item is damaged and/or if the linen box is damaged and/or if the seal is
broken and/or or if the wrapping is damaged, the item cannot be returned and no refunds will be made.
5.3 If you purchase consists of an artwork that has been custom made for you of if it is an
original handmade work of art, it is not possible to return your purchase.
6. 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. If you breach any of these obligations this will result in penalties.
7. 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 contact, 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
8. Introduction
The following terms apply solely to the sale of a Kore Collection artwork and to the application for a Kore Collection training in the Kore Collection webshop at www.carolapavlik.com.
9. Eligibility to purchase
9.1 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.
9.2 The website is available only to individuals and others who meet the Kore Collection 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.
10. Orders
10.1 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.
10.2 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 despatched. The sale contract is therefore concluded in The Hague, The Netherlands.
10.3 All orders are subject to acceptance and availability. Kore Collection offers products for
sale that are mostly handmade (the portrait commissions and the original artworks are always custom made) and therefore not always in stock and not directly available for dispatch.
10.4 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.
11. Portrait commissions
11.1 In case you would like to make a commission for 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. Also you are required to name the colours you would like to see in the portrait.
11.2 During the creative process of the portrait you will twice have the opportunity to provide
Kore Collection with your feedback on the portrait. Kore Collection will process your feedback in the creative process. Once the portrait is finished, it is not possible to return the portrait.
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 that is 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 In addition, 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 VAT at the applicable rate
and excluding of shipping costs. 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.
13.2 Shipping costs are depending on the destination and way of shipping. Shipping tariffs are
included in the final order and mentioned in the order confirmation.
13.3 All prices and offers remain valid as advertised from time to time. The Euros price of a
product displayed on the website at the time the order is accepted will be honored, 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) then 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 artwork to you as soon as
possible. If the item that 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 to you within 5 working days. If the item is not in stock and you live in the EU, we strive to deliver your package to you within 10 working days. For information about delivery times in 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 postorder companies. When you place an order at the website we will send you an email with the tracking number on the day your package will be dispatched. You can check the status of your shipment using the tracking number.
16. Import and custom 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. Unfortunately, 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. It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting.
17. Returns and exchanges
17.1 If you are a consumer in the sense 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. In order to process your return correctly, make sure you fill in the information on the return form that you received with your order and send it back to the address listed on the return form. Please send you package back in the original packaging and with the same postorder company that you have received it with. If you are not sure which postorder company you should use, please send an email to us via info@carolapavlik.com and we will let you know.
17.2 Every item comes in a linen box. The item itself is packaged in a sealed transparent
wrapping. If the item is damaged and/or if the linen box is damaged and/or if the seal is broken and/or or if the wrapping is damaged, the item cannot be returned and no refunds will be made.
17.3 If you are not a consumer as mentioned in article 9.1 and/or if you purchase consists of
an artwork that has been custom made for you, it is not possible to return your purchase.
17.4 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.
17.5 Your refund will either be credited to the original purchaser’s credit card or bank, and will
exclude return shipping costs (with the exception of faulty items). If your order has been 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 complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
18. Claims
18.1 All items are quality controlled and checked for any faults before they are dispatched to
customers. 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 for 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 in the Content section below), including Kore Collection’s software and all HTML and other code contained in this website. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on the website www.carolapavlik.com are 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 will result in penalties. Without limiting the foregoing, copying and use of the Content to any other server, location or support 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
In addition to the Intellectual property rights, “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. Kore Collection does not promise that Kore Collection’s content is accurate nor 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 Kore Collection, cannot be used for any commercial end. 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 the website 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 hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any 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 the 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 There might be hyperlinks on this website of third-party’s other than Kore Collection,
including advertisers. Kore Collection does not review all the websites linked to this website. We are not accountable for the availability of those external resources, and are not accountable or liable for the privacy practices of that content. As well as any products, advertising, or any other materials used by such websites, neither for any loss, damage or offense caused by, the use of any of such goods, services or content available on those external resources.
21.3 We have made every effort to display as accurately as possible the colours of the
products that appear in the webshop. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
GENERAL
26. Introduction
The following terms apply to all contracts with Kore Collection, whether or not they are electronically concluded.
27. 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.
28. 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.