These general terms and conditions apply to every offer from jvgestel | fine art, luxury and antiques and to every distance contract concluded between jvgestel | fine art, luxury and antiques and a consumer or business customer via the webshop.
Deviations from these terms are only valid if agreed upon in writing.
2. Identity of the Entrepreneur
Jurre van Gestel, jvgestel | fine art, luxury and antiques
The offer includes a complete and accurate description of the products offered, including antiques and art objects. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All items offered are not new and may show signs of use appropriate to their age. Further information about the condition of the object is available upon request.
4. Formation of the Agreement
The agreement is concluded at the moment the customer accepts the offer and meets the stipulated conditions.
After placing an order, the customer receives written confirmation.
5. Prices and Payment
All prices include VAT and other government-imposed levies, unless stated otherwise.
Payment must be made via the payment methods offered on the webshop.
Advance payment of more than 50% may not be required from consumers.
6. Delivery and Execution
Delivery takes place at the address provided by the customer.
The entrepreneur will execute accepted orders within 30 days at the latest, unless a longer delivery period has been agreed.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the customer.
7. Right of Withdrawal
Consumers have the right to dissolve the agreement within 14 days after receiving the product without giving reasons, unless it concerns products excluded from the right of withdrawal (e.g., custom-made artworks).
In case of withdrawal, the product must be returned in its original condition and packaging.
8. Complaints and Disputes
Complaints about the execution of the agreement must be submitted within a reasonable time, fully and clearly described.
Only Dutch law applies to agreements between the entrepreneur and the customer. Disputes are submitted to the competent court in [location].
9. Privacy
The entrepreneur processes personal data in accordance with the General Data Protection Regulation (GDPR).
Personal data is used solely for the execution of the agreement and will not be provided to third parties without the customer's consent.
10. Resale Right (Droit de Suite)
In the resale of original artworks or limited edition copies, where a professional art dealer is involved and the sale price is €3,000 or more, the entrepreneur is legally required to pay a resale royalty to the artist or their heirs, according to the Copyright Act and EU Directive 2001/84/EC.
The resale right does not apply to the first sale by the artist, sales between individuals, or sales under €3,000.
The resale royalty is calculated on the resale price according to the legally established rate (see table below):
Sale Price (excl. VAT)
Resale Royalty Percentage
€3,000 up to and including €50,000
4%
€50,000.01 up to and including €200,000
3%
€200,000.01 up to and including €350,000
1%
€350,000.01 up to and including €500,000
0.5%
Above €500,000.01
0.25%
The maximum resale royalty is €12,500 per transaction. The entrepreneur reserves the right to pass this fee on in the purchase or sale price, in accordance with legal provisions.
11. Other Provisions
If any provision of these terms is null or voidable, the remaining provisions remain fully in force. The parties will replace the null provision with a valid one that aligns as closely as possible with the intent and purpose of the original provision.
