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Privacy Policy & General Conditions

1. Privacy policy
According to European General Data Protection Regulation of May 2018. This policy applies to information held about clients and prospective clients, suppliers and prospective suppliers, artists, contacts and all other persons about whom Verbeek-Schuttelaar holds information. By information we mean personal information about you that we collect, use, share and store. In this policy, we, us and our means Verbeek-Schuttelaar, a company registered in Amsterdam, the Netherlands and you means the individual to whom the information relates.
1.1. What we collect your name; your contact information such as your address, email address and telephone number; personal information such as day of birth, other celebrations and jewellery sizes; your payment details / financial data i.e. your bank name, account number and sort code; when browsing our site, your IP address, your browser type and language; information related to your attendance of, and interest in, events and art fairs; information about you that you give us in person at our events and art fairs, by filling in forms on our site (e.g. the contact us section or to sign up to our mailing list) or by corresponding with us by phone, e-mail or otherwise; and information in relation to your purchase of art works or use of our services.
1.2. How we collect information about you collecting information you give to us when you purchase any art work or visit us at each art fair; and information provided when you contact us by phone, email or post
1.3. What we do with the information we gather We use your information to:
provide information about our art work and services to you;
keep you informed about jewellery and silver and events that we think you may find interesting;
carry out our obligations arising from any agreements entered into between you and us;
communicate with you;
administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
keep our site safe and secure;
comply with legal and regulatory obligations; and
for security and to check your identity.
Nieuwsbrieven: Wij houden onze klanten en zij die daar toestemming voor hebben gegeven, graag op de hoogte en kunnen de persoonsgegevens ook gebruiken voor het versturen van (elektronisch) nieuwsbrieven.
1.4. Legal basis for processing Our processing of your personal information is necessary:
for the performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts;
for the purposes of legitimate interests pursued by us; or
in order to comply with a legal obligation to which we are subject.
In relation to any processing of special categories of personal data, we will generally rely on obtaining specific consent from you at the time unless there is otherwise a legal requirement for us to process such information.
1.5. Legitimate interests Where our processing is based on the legitimate interest grounds described above, those legitimate interests are:
collecting personal information to provide you with a smooth and efficient client experience;
to make sure you receive updated information on our business activities;
to provide the services you have requested; and
for our own marketing and research.
1.6. Where Sharing your information
Except as expressly set out in this policy we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies if this is necessary to provide you with our art work or services, respond to your inquiries or for any of the purposes described in this policy.
We may also share your personal information with:
law enforcement agencies, other governmental agencies or third parties if we are required by law to do so; and
other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.
1.7. Transferring Your Information outside [Europe]
Your personal information may be transferred to, and stored at, a destination outside the European Economic Area (EEA) and may also be processed by staff operating outside the EEA who work for us, or for one of our service providers.
When we, or our permitted third parties, transfer your information outside the European Economic Area, we or they will impose obligations on the recipients of that data to protect your information to the standard required in the European Economic Area or otherwise require the recipient to subscribe to international frameworks intended to enable secure data sharing. In the case of transfers by us, we may also transfer your information where:
the transfer is to a country deemed to provide adequate protection of your information by the European Commission; or
where you have consented to the transfer.
1.8. Your Rights
At any time, you have the right:
to request access to or a copy of any personal data which we hold about you;
to rectification of your personal data, if you consider that the information we are holding is inaccurate;
to ask us to delete your personal data, if you consider that we do not have the right to hold it;
to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
to ask us to stop or start sending you marketing messages as described below in the marketing section;
to restrict processing of your personal data;
to data portability (moving some of your personal data elsewhere) in certain circumstances;
to object to your personal data being processed in certain circumstances; and
to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.
Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.
We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change at the following email address info@verbeekschuttelaar.nl.
1.9. Marketing
Where you are one of our clients or have otherwise agreed to be contacted for marketing we may use your personal information to send you information about us, events, art fairs and works of art. You can unsubscribe from receiving them at any time, [details of how to unsubscribe will be included on each electronic mailing we send you].
You also have the option of unsubscribing from our mailing list at any time thereby disabling any further such e-mail or other communication from being sent to you by emailing info@verbeekschuttelaar.nl.
We will action any opt out request from you without delay.
1.10. How long will we keep Your information?
We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.
Where we are permitted to send you direct marketing communications we may retain your contact information necessary for this purpose, for as long as you do not unsubscribe from receiving the same from us. If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
1.11. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
1.12. Links to Other Sites
Our website may contain links to other sites, including via our social media buttons. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites and a link does not constitute an endorsement of that website. Once you link to another website from our website you are subject to the terms and conditions of that website, including, but not limited to, its internet privacy policy and practices. Please check these policies before you submit any data to these websites.
Certain features of our site will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be sent, collected or used by other users, such as profile details or e-mail address.
1.13. Complaints
Questions, comments and requests regarding this policy are welcomed and should be addressed to info@verbeekschuttelaar.nl.
1.14. How we use cookies
A cookie is a small file which asks permission to be placed on your computers hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
1.15. Changes to this policy
Any changes we make to our policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our policy.

If you contact us by regular mail, please send your letter to:

Verbeek-Schuttelaar
Reference: Privacy rights
Keizersgracht 642
1071 ZV Amsterdam

2. General
2.1. These conditions shall apply to all offers, orders and/or agreements with all businesses, institutions and persons whom have contacted Verbeek-Schuttelaar via internet.
2.2. All orders will be carried out solely based upon the following conditions, unless Verbeek-Schuttelaar has agreed otherwise in written notice.
2.3. By placing an order with Verbeek-Schuttelaar via internet the customer agrees to adhere to these General Terms and Conditions.
2.4. If certain amendments have been made regarding an order as stated in point 2, these General Terms and Conditions remain effective for the remainder of the order. Under no circumstances can such amendments be applied to any future orders unless explicitly confirmed in writing by Verbeek-Schuttelaar.

3. Acceptance of orders
3.1. All offers of Verbeek-Schuttelaar via internet shall be without engagement and shall consequently only be deemed to be an invitation to place an order.
3.2. An agreement shall only be effected if Verbeek-Schuttelaar has confirmed this agreement in writing. The term 'in writing' as used in the previous sentence shall be understood to include: e-mail, and/or other electronic means of communication in general use.
3.3. Orders submitted may be cancelled only by written notice received by Verbeek-Schuttelaar prior to shipment. All orders become final upon shipment of the merchandise ordered.
3.4. All offers of Verbeek-Schuttelaar are non-committal. Offers are subject to availability of the item. If an item is unexpectedly no longer available, Verbeek-Schuttelaar will contact the customer via email and will offer an alternative where possible.
3.5. No order which has been excepted by Verbeek-Schuttelaar may be cancelled by the customer except with the agreement in writing of Verbeek-Schuttelaar and on the terms that the customer indemnify Verbeek-Schuttelaar in full against loss (including loss of profit), costs of the goods, damages, charges and expenses incurred by Verbeek-Schuttelaar as a result of cancellation.

4. Prices
4.1. The following supply and payment conditions apply on all orders. All prices are stated in Euros, inclusive of VAT and shipping costs unless stated differently in the information regarding the product(s) ordered. VAT is not split up due to use of margin scheme. Customers will be responsible for all international custom, duty and tax charges.
4.2. In connection with any agreement with a total value of less than 2.500 euro's including VAT, Verbeek-Schuttelaar shall reserve the right to charge administration, handling and/or packing costs.
4.3. Verbeek-Schuttelaar reserves the right to modify prices and possible typing errors without prior notice. Should your order be disadvantaged because of this, Verbeek-Schuttelaar will contact you via email and you will have the right to cancel your order free of charge.
4.4. The customer should check the invoice and inform Verbeek-Schuttelaar of any disputed prices within 3 business-days of receipt.

5. Terms of payment
5.1. E-invoices of Verbeek-Schuttelaar shall be paid in full by customer at the latest within 14 days from invoice date. Payments shall be made without any set-off, discount and/or suspension. Payments shall be made via bank transfer to our bank-account in the Netherlands.
5.2. Supply of the items ordered will only take place after such payment has been received by Verbeek-Schuttelaar.
5.3. In the event that customer fails to pay an amount due on the due date of the invoice concerned, interest of 1 per cent per month shall be payable on the outstanding amount by customer – without any further notice of default being required. Should customer fail to settle the claim after notice of default, customer shall be liable to pay in full extrajudicial (collection) costs in addition to the total amount then due.
5.4. In the event that customer fails to pay an amount due on the due date of the invoice concerned, Verbeek-Schuttelaar shall also be entitled (without prejudice to its other rights) to suspend the execution of any agreement and Verbeek-Schuttelaar shall be entitled to charge customer with the costs which may have been incurred in this connection.

6. Delivery
6.1. Verbeek-Schuttelaar ensures delivery by means of a carrier of his own choice. Any other shipping method, will only be effected after mutual agreement between the customer and Verbeek-Schuttelaar. When 4.2. applies customers can be responsible for all handling and shipping charges including international custom, duty and tax charges. Costs can be charged separately of the goods ordered.
6.2. Any mentioned delivery periods are considered as an indication and not as an exact period. Verbeek-Schuttelaar cannot be held responsible for any damages as a result of delayed delivery terms.
6.3. Verbeek-Schuttelaar shall be entitled to cancel or suspend if Verbeek-Schuttelaar is delayed, hindered or prevented from making delivery to the customer of the items by any computer problem including force majeure. In these circumstances Verbeek-Schuttelaar shall not be liable to the customer for any losses incurred by the customer howsoever arising. Where Verbeek-Schuttelaar is prevented from delivery the items, the customer shall be entitled to cancel the order and the customer shall be refunded any monies paid by it to Verbeek-Schuttelaar in respect of the order which has been cancelled.

7. Risk
7.1. As soon as goods come within customer's actual power to dispose them or within the actual power to do so of an auxiliary person used by customer, including the moment of delivery by or on behalf of Verbeek-Schuttelaar, the goods delivered shall be for customer's risk.
7.2. When the customer accepts an invoice for the items ordered, but requests that Verbeek-Schuttelaar stores them, then they shall be stored at the customer's risk and cost.

8. Returns and refunds
8.1. Items can be returned to Verbeek-Schuttelaar without statement of reason within 7 days of reception.
8.2. Freight charges for returned products are at the sole cost of the customer unless the product does not meet the standards as indicated in these General Terms and Conditions.
8.3. If upon delivery, the packaging is damaged, or if the item supplied does not correspond to the item ordered, the customer should contact Verbeek-Schuttelaar immediately. Any other queries or complaints should also be addressed to via email. Verbeek-Schuttelaar guarantees a response time of 5 working days.
8.4. Verbeek-Schuttelaar shall only accept items returned if and insofar as customer has been permitted to do so by Verbeek-Schuttelaar. In this event customer shall return the items to Verbeek-Schuttelaar for customer's account and risk, unless agreed otherwise in writing between Verbeek-Schuttelaar and customer.
8.5. Customer shall not be entitled to make any claims relating to items which have been processed, treated or adapted by customer in full or in part, or of which control is no longer possible for whatever reason.
8.6. In no event will Verbeek-Schuttelaar be obligated to accept the exchange of merchandise that has been damaged through the customer's actions or omissions. Damage occurring during return shipment will be the responsibility of the customer.

9. Warranties
9.1. Verbeek-Schuttelaar guarantees that the items provided meet their descriptions on the website, which include (i) the nature, origin and the period in which the item was created, (ii) the modifications and repairs it may have undergone, and a lack of authenticity of the object.
9.2. Verbeek-Schuttelaar shall be liable under the warranty mentioned in 9.1. only if written notice is given to Verbeek-Schuttelaar immediately upon discovery of an alleged deviation, such written notice to be given where the deviation is readily discernible upon inspection, not later than 7 days after dispatch of the items or, where the deviation is not readily discernible, upon inspection not later than 30 days after the date of dispatch of the items. Notwithstanding the foregoing, the items must be inspected on delivery.
9.3. In no event will this warranty cover the exchange of merchandise that has been damaged due to carelessness and intentional damage. Should a product be damaged or faulty, please inform Verbeek-Schuttelaar by email within 7 days of receipt.
9.4. Besides the information as specified online, normal and usual tolerances apply with respect to all items offered. Images shown on the website only give a good impression of the item offered, but there can be small deviation, which applies particularly to nuances in the stated color of products. Small deviations of the descriptions and/or images do not dismiss the customer of its obligations from this agreement.
9.5. Verbeek-Schuttelaar holds no responsibility or liability for any damage caused differently than by its own actions or serious blame which should be proved by the customer and is only to a maximum of the value of the works or delivery, or a proportional part of it.
9.6. The customer is obliged to safeguard Verbeek-Schuttelaar and indemnify Verbeek-Schuttelaar of all damage claims of third parties which may be a result of the agreement with Verbeek-Schuttelaar.

10. Property
10.1. The ownership of the goods delivered shall not be transferred to customer until payment in full has been made by customer pursuant to the agreement. As long as goods are still owned by Verbeek-Schuttelaar, (i) customer shall never be entitled to sell, process, treat, adapt, encumber, pledge (undisclosed or otherwise) and/or hire goods and/or make them available in any other manner, and (ii) customer shall be obliged to store or have other store goods with due care and as the recognizable property of Verbeek-Schuttelaar. Verbeek-Schuttelaar shall at all times be entitled to collect these goods again, wherever they may be.

11. Force majeure
11.1 Verbeek-Schuttelaar shall be entitled to cancel or delay delivery if it is delayed or hindered in or prevented from delivering through any circumstances beyond its reasonable control, including but not limited to strike, accident, fire, flood, act of God, or breakdown of plant or machinery.

12. Waivers
12.1. Verbeek-Schuttelaar's rights and remedies shall not be prejudiced by any indulgence or forbearance to the customer and no waiver by Verbeek-Schuttelaar of any breach by the customer shall operate as a waiver of any subsequent breach.

13. Governing law and choice of forum
13.1. These General Terms and Conditions, offers and agreements and/or the execution thereof shall be governed by Dutch law.
13.2. Any disputes arising from and/or relating to the General Terms and Conditions, offers and agreements and/or the execution thereof, shall exclusively be submitted to the judgment of a Dutch competent judge, unless Verbeek-Schuttelaar and customer agree to refer to mediation, a binding opinion or arbitration.

14. Final provisions
14.1. In all cases not foreseen in these General Terms and Conditions, the decision rests exclusively with Verbeek-Schuttelaar.


Verbeek-Schuttelaar
www.verbeekschuttelaar.nl
May 2018

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