General Terms and Conditions
Ramona Nieuwenhuisen Art & Design
1. Definitions
1.1 Ramona Nieuwenhuisen Art & Design: the sole proprietorship of Ramona Nieuwenhuisen, based in the Netherlands.
1.2 Client: any natural or legal person who purchases, commissions or otherwise acquires an artwork.
1.3 Artwork: all artworks, limited editions, designs and related products created by Ramona Nieuwenhuisen Art & Design.
1.4 Gallery: an authorized third party representing and selling the artworks.
2. Applicability
2.1 These General Terms and Conditions apply to all offers, agreements, commissions and deliveries of Ramona Nieuwenhuisen Art & Design.
2.2 By entering into an agreement, the Client accepts these terms.
2.3 Deviations from these terms are only valid if confirmed in writing.
3. Nature of the Artworks
3.1 All artworks are released exclusively in limited editions unless explicitly stated otherwise.
3.2 Each artwork is delivered with a numbered and signed certificate of authenticity.
3.3 Minor variations in color, texture, finish or material may occur and are inherent to the artistic and production process.
4. Orders and Commissions
4.1 Artworks are sold primarily through selected galleries or on request directly through Ramona Nieuwenhuisen Art & Design.
4.2 Commissioned works are produced only after prior consultation and written agreement.
4.3 For commissioned work, a non refundable advance payment of 50 percent of the total price is required.
4.4 After approval of the design phase, commissioned works cannot be cancelled or modified.
4.5 Ramona Nieuwenhuisen Art & Design retains artistic freedom within the agreed concept.
5. Pricing and Payment
5.1 For purchases through galleries, the payment terms of the respective gallery apply.
5.2 For direct commissions, payment terms stated on the invoice apply.
5.3 In the event of late payment, statutory interest and reasonable collection costs may be charged.
5.4 All prices are subject to change without prior notice.
6. Delivery and Transport
6.1 Delivery is usually arranged via the gallery where the artwork was purchased.
6.2 If delivery is arranged otherwise, clear agreements will be made in advance regarding timing and costs.
6.3 Risk of damage during transport lies with the transport provider once the artwork has been handed over, unless damage is caused by gross negligence or intentional misconduct by Ramona Nieuwenhuisen Art & Design.
6.4 The Client must inspect the artwork immediately upon receipt and report visible defects within 2 business days.
7. Returns and Complaints
7.1 Limited editions and commissioned or personalized artworks are excluded from return or cancellation rights, unless the artwork arrives demonstrably damaged.
7.2 Complaints must be submitted in writing via email within a reasonable period after discovery.
7.3 Ramona Nieuwenhuisen Art & Design will assess complaints carefully and respond within a reasonable timeframe.
8. Copyright and Intellectual Property
8.1 All artworks, images, designs, photographs and content remain the exclusive intellectual property of Ramona Nieuwenhuisen Art & Design, even after sale.
8.2 Purchase of an artwork grants only the right to private ownership and display.
8.3 It is strictly prohibited to reproduce, distribute, publish, modify or commercially exploit the artwork without prior written permission.
8.4 This prohibition applies to both physical and digital use, including online and social media use.
9. Artificial Intelligence and Machine Learning
9.1 The use of any artwork or image created by Ramona Nieuwenhuisen Art & Design as input for artificial intelligence systems, machine learning models or generative tools is strictly prohibited without explicit prior written consent.
9.2 This includes, but is not limited to:
• training datasets
• image to image systems
• generative AI tools
• style transfer systems
• dataset scraping
• model fine tuning
9.3 Unauthorized AI related use will be considered an infringement of intellectual property rights and may result in legal action and claims for damages.
10. Liability
10.1 Ramona Nieuwenhuisen Art & Design is not liable for damage occurring after delivery, except in cases of intent or gross negligence.
10.2 The Client is responsible for proper handling, installation and maintenance of the artwork.
10.3 Liability is in all cases limited to the invoice amount of the artwork concerned.
11. Force Majeure
11.1 Ramona Nieuwenhuisen Art & Design is not liable for delays or failure to perform due to force majeure.
11.2 Force majeure includes, but is not limited to: transport disruptions, production delays, illness, supplier failures and governmental measures.
11.3 In such cases, obligations may be suspended or the agreement may be terminated without liability.
12. Privacy and Client Data
12.1 Client data is handled with care and in accordance with applicable privacy legislation.
12.2 Personal data will not be shared with third parties unless necessary for order fulfillment or legally required.
13. Governing Law and Jurisdiction
13.1 All legal relationships involving Ramona Nieuwenhuisen Art & Design are governed by Dutch law.
13.2 Disputes will be submitted to the competent court in the Netherlands.
14. Contact
Ramona Nieuwenhuisen Art & Design
Email: info@ramonanieuwenhuisen.nl
Website: www.ramonanieuwenhuisen.nl