General Terms and Conditions of Museum Shop and Webshop of Nederlands Fotomuseum, Rotterdam
Version: January 2019
In these general terms and conditions, the following terms will have the following meanings:
Visitor: any person who, either with or without a valid Admission Ticket, enters the Museum Complex, visits an exhibition and/or attends an event which the Nederlands Fotomuseum organises for the regular visitors.
Photograph: the material image carrier of a Photographic Work, irrespective of form and manner of recording.
Photographic Work: a photographic work as referred to in Section 10 of the Copyright Act 1912 (Auteurswet 1912), or a comparable performance.
Buyer: the natural person who concludes an agreement with the Nederlands Fotomuseum in the capacity of a private individual. Purchases made by natural persons or legal entities acting in the context of their profession or business are subject to the General Terms and Conditions for Business Parties of Nederlands Fotomuseum Rotterdam.
Museum Complex: the entirety of the areas open to the public (built on and not built on) over which the Nederlands Fotomuseum has legal or administrative power.
Museum Shop: the shop of the Nederlands Fotomuseum located at the Museum Complex.
The Nederlands Fotomuseum Stichting Nederlands Fotomuseum. All agreements
or the Museum: are concluded between the Buyer and Stichting Nederlands Fotomuseum, based at Wilhelminakade 332, (3072 AR) Rotterdam.
Products: movable items, including Photographs.
Admission Ticket: the proof that gives the Visitor access during regular opening hours to (a part of) the Museum at the time and/or on the date stated on the ticket.
Terms and Conditions: these General Terms and Conditions of Museum Shop and Webshop of Nederlands Fotomuseum Rotterdam.
Webshop: the Nederlands Fotomuseum Webshop that can be accessed via the Website.
2. Objective and scope
2.1 By virtue of its objective, Stichting Nederlands Fotomuseum manages, conserves and operates culturally important photographers’ archives and makes these archives accessible to the widest possible public. It also manages and operates the Museum Complex.
2.1 These Terms and Conditions apply to all proposals, agreements, supplies and all other legal relationships between the Nederlands Fotomuseum and the Buyer relating to the purchase of Products from the Museum Shop and Webshop of the Nederlands Fotomuseum.
2.2 The applicability of any terms and conditions of the Buyer is expressly rejected.
2.3 These Terms and Conditions do not apply to third-party products that are displayed in the Webshop, whereby the Buyer will be directed to that third party’s website for the purpose of ordering the product from that third party’s Webshop.
3.1 All prices stated in the Museum Shop and the Webshop include VAT and other taxes or levies, but exclude delivery charges (if applicable), unless stated otherwise.
3.2 The shipping costs for shipping Products from the Webshop can be viewed via the Website and are shown during the order process in the Webshop.
4. Payment in Webshop
4.1 Payment in the Webshop can be affected in one of the ways indicated on the Website and during the order process. The payment methods may change from time to time. If payment is affected via a bank transfer, the date of payment will be the date of the credit entry to the bank account of the Nederlands Fotomuseum.
5. Orders from Webshop
5.1 All orders for Products are subject to the availability of those Products.
5.2 An order placed by the Buyer in the Webshop will count as an offer from the Buyer to the Nederlands Fotomuseum to buy the Products specified in the order. A purchase agreement will only be formed after the Museum has accepted the order. After a Buyer has placed an order, the Buyer will receive a confirmation e-mail from the Nederlands Fotomuseum. This confirmation e-mail will qualify as the acceptance of the Buyer’s offer.
5.3 The Nederlands Fotomuseum will be entitled to verify orders in advance and/or refuse orders, without this causing any liability towards the Buyer, including, but not limited to, situations in which a Product is (temporarily) unavailable or the Museum cannot obtain authorisation for the payment. If (a part of) an order is not accepted, the Nederlands Fotomuseum will inform the Buyer of this within 10 (ten) working days of receiving the order.
5.4 The order may be subject to further payment conditions, order conditions and delivery conditions.
6. Delivery from Webshop
6.1 Having received the payment, the Nederlands Fotomuseum will deliver the Products within the period stated on the Website.
6.2 The place of delivery will be the address which the Buyer communicated to the Nederlands Fotomuseum.
6.3 The title to the Products delivered will only pass to the Buyer when the latter has paid the full amount he or she owes to the Nederlands Fotomuseum. The risk in respect to the Products will pass to the Buyer at the moment when the Nederlands Fotomuseum delivers them to the Buyer.
7. Webshop Information
7.1 Although the Nederlands Fotomuseum has put together the contents of the Webshop with the greatest care, the Nederlands Fotomuseum cannot guarantee that the information in the Webshop is always correct and complete.
7.2 All prices and information in the Webshop are subject to typing and programming errors. The images of Products serve as illustrations only.
8. Webshop Right of Withdrawal
8.1 The Buyer may terminate an agreement regarding the purchase of Products from the Webshop within a period of 14 (fourteen) days of receiving the Product (the Reflection Period) without having to state reasons. This period starts on the day following that on which the Buyer received the Product at the delivery address specified when the order was placed.
8.2 In order to exercise this right, the Buyer must contact the Nederlands Fotomuseum within the Reflection Period, stating in a clear and unambiguous manner that he or she is terminating the agreement pursuant to the right of withdrawal. The Buyer can contact the Nederlands Fotomuseum using the contact details below, or by completing the sample withdrawal form and sending it to:
Stichting Nederlands Fotomuseum
3072 AR Rotterdam (The Netherlands)
or by e-mail:
for photographic prints: firstname.lastname@example.org
The Nederlands Fotomuseum will confirm receipt of this statement.
8.3 The Buyer must return the Products received to the Nederlands Fotomuseum immediately and in any case within 14 (fourteen) days of issuing the statement referred to in Article 8.2. The Buyer must return the Products in conformity with the instructions of the Nederlands Fotomuseum, in their original condition and, if reasonably possible, in their original packaging. The (shipping) costs of this return will be payable by the Buyer.
8.4 The Nederlands Fotomuseum will refund all payments received from the Buyer, including shipping costs, as soon as possible but in any case, within 14 (fourteen) days of receiving the statement referred to in Article 8.2, using the same payment method as that used by the Buyer. If a part of the order is revoked, the shipping costs will not be refunded.
8.5 The risk and the burden of proof for the correct and timely enforcement of the right of withdrawal are borne by the Buyer.
8.6 The right of withdrawal does not apply to:
a. Barite prints, because these are made to order only; and
b. Admission tickets.
9. Personal data
10.1 The copyright to all Photographic Works will be vested exclusively in the Nederlands Fotomuseum or in a third party which authorised the Nederlands Fotomuseum to administer the copyright on its behalf.
10.2 The Buyer will not acquire the right to reproduce Photographic Works, in modified or unmodified form, for purposes other than own exercise, study or use. Furthermore, the Buyer will not be permitted to publish Photographic Works by whatever method and on whatever medium, including electronic media.
10.3 Any use for purposes other than own exercise, study or use that has not been expressly agreed beforehand with the Nederlands Fotomuseum will be regarded as an infringement of the copyright of the Nederlands Fotomuseum or that of its principal.
10.4 In the event of infringement, the Nederlands Fotomuseum will be entitled to compensation equalling at least the licence fee normally charged by the Nederlands Fotomuseum for such a form of use, without prejudice to any entitlement to compensation of the loss it sustained and without prejudice to its right to demand the immediate removal of the Photographic Work.
11. Applicable law
11.1 The legal relationship between the Nederlands Fotomuseum and the Buyer is governed by Dutch law.
11.2 Any and all disputes arising from these Terms and Conditions and any of the agreements between the Buyer and the Nederlands Fotomuseum will be submitted to the court that is competent in the Buyer’s place of residence, provided that the Buyer is domiciled or resident in the Netherlands. In other cases, any and all disputes arising from these Terms and Conditions and any of the agreements between the Buyer and the Nederlands Fotomuseum will be submitted for adjudication to the competent court of Rotterdam, The Netherlands.