Terms and Conditions

DEFINITIONS


Seller: Group eStore B.V (“APPLIED ART FORMS”)

  • registered office: Joan Muyskenweg 39 1114AN Amsterdam, the Netherlands;
  • registered with the trade register of the Chamber of Commerce under number: 34114149
  • VAT number: NL807777109B01
  • physical address: Joan Muyskenweg 39 1114AN Amsterdam, the Netherlands;
  • email address: help@appliedartforms.com

Buyer: A natural person of legal adult age who is not acting in the exercise of a profession or business and with whom the Seller concludes an agreement.

Order: A purchase made by the Buyer according to the procedure described in Article 2.1 for the delivery of one or more Products.

Product: An APPLIED ART FORMS product advertised for sale by the Seller on the Website.

Purchase Price: the price of a Product stated on the Website including VAT and shipping costs.

Agreement: the Order accepted as such by the Seller.


ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS & CONDITIONS

1.1 These general terms & conditions, which are made available by the Seller online at www.appliedartforms.com apply to all offers, orders, agreements, and other legal relationships between the Buyer and Seller with regards to the use of the Website, including the purchase/sale of a Product on or via the Website.


ARTICLE 2. ESTABLISHMENT AND CONTENT OF THE AGREEMENT

2.1 The presentation and advertising of products on our website is an invitation to purchase and therefore, not a binding offer to conclude a sales contract. In exceptional circumstances, the Seller reserves the right not to accept the offer. For example, if the selected product is not (or no longer) available for purchase, as further outlined in the current article.


2.2 The buyer can select products from the seller’s range of goods, primarily clothes, footwear, and other fashion items in the desired model, colour, and size, and then place them in a “Shopping Basket” by clicking on the “Add to Shopping Basket” button.


2.3 Once the buyer has finished selecting their items for the shopping basket, they can proceed by clicking on the “Continue” button.

  • The buyer is then first shown a summary of the items in the shopping basket with their features, price, and the estimated delivery date.
  • After the buyer clicks on the “Continue” button, they are requested to enter the billing address as well as their delivery address of choice in case it is different from the billing address. During the payment process, the buyer can also choose alternative locations for delivery (collection point).
  • After the buyer clicks on the “Continue with Delivery” button, they can choose from two different locations where the order can be sent to:
  • The buyer can choose to have the order sent to a collection point where they can collect their items.
  • The buyer can provide their delivery address of choice (for example, their home address) where the items are to be sent.
  • After the buyer has selected the shipping method and the location of the collection point, they can continue with the ordering process by clicking on the “Continue with Secure Payment” button.


2.4 The buyer can then choose one of the following payment methods:

  • Credit card: By using this payment method, the buyer must insert the necessary credit card information. By clicking on the “Buy” button, the buyer then sends a legally binding order. The “Buy” button only works if the general terms & conditions of the seller have been approved by ticking the box next to the information about these general terms & conditions. Before the buyer clicks on the “Buy” button, they can cancel the order at any moment, change the content of the order by removing items and/or adding new products to the shopping basket, and change the delivery address and payment method. We would like to remind you that if you choose this payment method, the binding order and the payment take place at the same time.
  • Instant bank transfer: By using this payment method, the buyer sends a legally binding order by clicking on the “Buy” button. The “Buy” button only works if the general terms & conditions of the seller have been approved by ticking the box next to the information about these general terms & conditions. Before the buyer clicks on the “Buy” button, they can cancel the order at any moment, change the content of the order by removing items and/or adding new products to the shopping basket, and change the delivery address and payment method. Once the buyer has clicked on the “Buy” button, they will be redirected to a third-party website to complete the purchase.
  • PayPal: By using this payment method, the buyer sends a legally binding order by clicking on the “Buy” button. The “Buy Now” button only works if the general terms & conditions of the seller have been approved by ticking the box next to the information about these general terms & conditions. Before the buyer clicks on the “Buy” button, they can cancel the order at any moment, change the content of the order by removing items and/or adding new products to the shopping basket, and change the delivery address and payment method. Once the buyer has clicked on the “Buy” button, they will be redirected to the PayPal website to complete the purchase.

2.5 The Website and the products shown on it do not constitute a binding offer. They are only an invitation for the customer to place an order as an offer of purchase. The agreement enters into force once the seller has accepted the order, either through a confirmation of acceptance, or by delivering the product that was ordered. The seller immediately confirms receipt of the order that the buyer has placed on the website by sending an email to the buyer (confirmation of receipt). This email only confirms receipt of the order and, if deemed necessary, is followed up by another email confirming that the order has been placed (order confirmation).

2.6 The seller does however, reserve the right to refuse the order placed by the buyer or to suspend the account of the buyer in the follow circumstances:
The product is not available or out of stock;

  • If the total value of the order exceeds the amount outlined in the “Payment” section of the FAQs;
  • If the information provided by the buyer is incorrect and/or incomplete, or if the seller has reasons to doubt its accuracy;
  • If the amount due from the buyer is not paid immediately following the placement of the order by clicking on the “Buy Now” button;
  • If the buyer has failed to meet their payment obligations to the seller in the past;
  • If the buyer has refused to accept orders placed with the seller and/or failed to collect their orders in the past;
  • In the case of an obvious error or processing error in the prices listed on the website; Or if the desired delivery address is in a different country to the Netherlands.
  • If the activity on the buyer’s account appears fraudulent or suspicious.

2.7 The seller shall inform the buyer as soon as possible if an order cannot be accepted. In such cases, any payments that the buyer has already made shall be refunded immediately.


2.8 The order, the email from the seller with the confirmation of the order, the website’s data protection directive and terms of use listed on the website as well as these general terms & conditions constitute the complete agreement between the buyer and the seller regarding the use of the website and the placement and execution of an order.

2.9 After the buyer has clicked on the “Buy” button, thus placing a legally binding order, they will be redirected to one of the payment pages, depending on which payment method was chosen. On this page, the buyer shall fill in the necessary fields to make the payment and authorises the order.


ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES

3.1 The delivery shall be made by a carrier designated by the Seller.

3.2 Following the conclusion of the Agreement, the Seller will ship the Products as soon as possible though no later than within 14 (fourteen) days to the address provided by the buyer, provided that the full Purchase Price has been received by the Seller, or if the Buyer has chosen an advanced payment and unless an extended delivery period has been agreed.

3.3 The Seller will abide by the agreed delivery dates to the extent they can control. However, the Buyer acknowledges that the delivery dates are based on the known circumstances to the Seller upon the conclusion of the Agreement, the dependence upon the performance of third parties, and the information provided to the Seller by such third parties.

3.4 If the delivery is delayed, or if an Order cannot be fulfilled or only partially fulfilled, the Buyer shall be informed within 14 (fourteen) days following the conclusion of the Agreement. The buyer can then terminate the Agreement free of charge until the Order is dispatched.

3.5 The risk regarding the damage or loss of the Products passes onto the Buyer from the moment of delivery.


ARTICLE 4. PRICE AND PAYMENT

4.1 The listed prices on the Website are displayed in the local currency or in euros including Value Added Tax (VAT) and excluding shipping costs. The costs of the return shipment shall be covered by the Seller. Upon placing the Order and confirming the Agreement, the total Purchase Price due is displayed.

4.2 The Seller can adjust the prices displayed on the Website from time to time without needing to provide notice. The prices displayed at the moment of placing the Order are the prices that form part of the Agreement.

4.3 The payment is made via the options displayed on the Website and must be made within 14 days after the delivery of the Product.

4.4 The buyer has the obligation to inform the Seller of any inaccuracies in the payment details provided by the Buyer to the Seller.

4.5 If the payment term is exceeded, the Buyer is legally at fault and the Seller is entitled to charge statutory interest on the outstanding amount from the due date.


ARTICLE 5. RIGHT OF RETURN

5.1 Users who make a remote transaction have a legal right of withdrawal when they buy a product.

5.2 WITHDRAWAL POLICY

Right of Withdrawal
You have the right to withdraw from this agreement within the period of sixty calendar days without needing to provide any reasons.


The withdrawal period begins on the day after you, or a third party designated by you, who is not the carrier, take possession of the products, or (in the case where an agreement in relation to multiple products ordered by you at the same time and are delivered separately) when the last product is delivered, or (in the case where an agreement involves the delivery of a product in several partial deliveries or parts) the last partial delivery or part is delivered.


In order to exercise your right of withdrawal, you must inform us about your decision to withdraw from the agreement by sending a clear statement to the email address or postal address provided at the top of this page or by calling the telephone number provided (you can, for example, send a letter by post, fax or email). To do so, you can use the sample form that is attached as Appendix 1, but this is not mandatory.


In order to return the product within the specified period, it is sufficient to send the communication that you wish to exercise the right of withdrawal before the expiry of the withdrawal period for returning products.


The Implications of Withdrawal
If you withdraw from the agreement, we are obliged to refund all payments that we received from you, including the shipping costs (with the exception of any additional costs as a result of choosing a different type of delivery other than the cheap standard delivery that we offer). This must be completed promptly and within the fourteen day period from the day we receive the message stating that you are withdrawing from the agreement. For the refund, we will use the same payment method that you used for the original transaction, unless a different agreement is explicitly made with you. Under no circumstances will this refund involve any costs for you. We may refuse to refund you until we have received the returned product, or until you have provided us with proof that you have returned the product to us, depending on which of these two situations happen first.


You must return the product to us as soon as possible, or hand the product over to us, and at least within the fourteen day period from the day you informed us that you are withdrawing from the agreement. Please use the following address for this purpose: Applied Art Forms Warehouse, Casablancaweg 9, 1047HP Amsterdam. The return falls within the withdrawal period if you send the product before the fourteen day period has expired. The Buyer bears the costs of the returning the Products to the Seller. In addition, the Buyer will have to pay for the compensation of the loss of value for the Products if this loss is due to the improper handling of Products when examining the quality, characteristics, and functioning of the products.


Despite the above, the Seller may occasionally offer to cover the return shipping costs or return the Products at a fixed return shipping rate, provided that the Buyer uses the return label provided by the Seller in the country of delivery, and provided that the buyer fulfills any other conditions that apply in order to be eligible for this offer, as communicated by the Seller periodically. Such terms & conditions may include, without limitation, the purchase of Products at full price. If the Buyer chooses to return Products at a fixed return rate that was offered by the Seller, the return rate will be deducted by the Seller from the refund of the price of the Products paid by the Buyer, or invoiced to the Buyer, if the Buyer has not paid the price of the Products in full. The Buyer is always free to choose a different method to return the products at their own expense.


Exceptions where the right of withdrawal does not apply:


You have no legal right of withdrawal for long-distance contracts with regards to the following:

  • The delivery of products that are not ready-made, and those of which are manufactured according to a determined individual choice or a decision made or taken by the customer, or products that are specially tailored to the customers' personal requirements, and/or the delivery of sealed products that for health or hygiene reasons cannot be returned, in the case of the seal being removed after delivery.

- END OF WITHDRAWAL POLICY -


5.3 We would like to remind you that there is a withdrawal form that you can find at the bottom of this page in Appendix 1. You can use this form to let us know that you are withdrawing from the agreement, but the use of this is not mandatory.


ARTICLE 6. FORCE MAJEURE

6.1 The Seller shall not be liable for any damage resulting from a delay in a delivery or non-delivery caused by circumstances that prevent the fulfilment of the Seller’s obligation, that cannot be attributed to the Seller because they are not at fault, nor are they responsible according to the law, any legal act, or generally accepted practice, including, but not limited to, war, threat of war, civil war, riots, a government-declared national day of mourning, strike action, transport difficulties, trade restrictions, problems with customs authorities, fire, flood, earthquake, bankruptcy of third parties engaged by the Seller, non-delivery or late delivery of goods by the Seller's suppliers, disruptions to the regular supply of goods delivered by third parties, including water, electricity, and other serious disruptions to the business of the Seller or third parties engaged by the Seller.

6.2 If the Seller is unable to fulfil their obligations under the Agreement due to force majeure or is unable to fulfil them on time, the Seller has the right to implement the Agreement within a reasonable period of time or, if fulfilment within a reasonable period is not possible, to dissolve the Agreement in whole or in part, without being liable to pay any compensation to the Buyer.


ARTICLE 7. WARRANTY AND COMPLAINTS

7.1 The Seller is obliged by law to deliver a Product that complies with the contract with the Buyer. The statutory 2 year conformity guarantee for consumer goods applies.

7.2 The Buyer must inspect the Product following delivery and inform the Seller no later than 2 months after identifying the defect. Such complaints must be fully and clearly justified. The Seller advises the Buyer to do so in writing.

7.3 The contact details of the Seller and third parties engaged by Seller to handle complaints are listed under the “Contact” button on the Website.

7.4 Complaints received by the Seller shall be answered within a period of 14 days from receipt. If a complaint requires a foreseeable longer processing time, the Seller will notify the Buyer within 14 days, stating the timeframe within which the Buyer can expect a response.

7.5 The Buyer acknowledges that minor and/or commercially acceptable, or technically unavoidable, or difficult to avoid deviations in quality, size, colour, finish, etc. with regard to the Products cannot constitute valid reasons for complaint. Such complaints, including complaints about the removal of certain items from the range, are deemed unreasonable and are therefore unfounded. The Seller shall not be liable for loss suffered by the Buyer due to these complaints that are deemed admissible in trade or technically unavoidable or difficult to avoid discrepancies in quality, size, colour, or finish.

7.6 The Buyer will cooperate fully regarding any recall action initiated by Seller. The Buyer will notify the Seller immediately if the Buyer suspects that a Product has a safety defect and is the subject of a recall.


ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS

8.1 All trademarks, product names, logos, models, and designs shown or indicated on the Products or otherwise associated with the Products (the “IP Rights”) are the property of the Seller or one or more of their group companies. The Buyer acknowledges the Seller's ownership of the IP Rights and shall refrain from using the IP Rights and the Buyer shall refrain from any conduct that may damage or otherwise adversely affect the IP Rights.

8.2 With regard to the intellectual property rights relating to the Website, the Seller refers to the Terms of Use of the Website.


ARTICLE 9. RETENTION OF TITLE

9.1 The Seller retains the title of all goods delivered or to be delivered until the Seller has been fully satisfied with the performance and (payment) obligations owed by the Buyer for all goods delivered or to be delivered under the agreement, or until any claims due to failure of the Buyer to comply with this agreement have been paid to the Seller in full.


ARTICLE 10. LIABILITY

10.1 To the extent permitted by law, the Seller shall not be liable for indirect, incidental or consequential damages of any kind suffered by the Buyer because of the Agreement. Any direct damages for which Seller is legally liable to the Buyer will never exceed the Purchase Price. This provision is not intended to exclude the Seller's liability in case of personal injury or death.

10.2 With regard to the liability of the Seller in relation to the Website at www.appliedartforms.com and its use, the Seller refers to the Terms of Use of the Website [LINK TO TERMS OF USE].


ARTICLE 11. APPLICABLE LAW

11.1 The law of your country of residence applies to this agreement.


ARTICLE 12. INVALID PROVISIONS

12.1 If any provision of these general terms & conditions should prove to be invalid then:

  • The other provisions of these conditions remain in force regardless.
  • The ineffective provision should be interpreted as or converted into an effective provision of as similar of scope as is possible.


ARTICLE 13. AMENDMENTS TO THE GENERAL TERMS & CONDITIONS

13.1 These general terms & conditions can be amended by the Seller periodically. The most recent terms & conditions will be posted on the Website. The Buyer should always consult these general terms & conditions before they use the Website. If the Buyer is unable to consult the general terms & conditions online, the Seller will send the most recent copy of the general terms & conditions to the Buyer upon request via email.


Version 07-01-2025


Back to top