Jan Timmer Photography

Terms & Conditions

Index

Article 1 - Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
  2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
  3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Digital content: data that are produced and supplied in digital form;
  6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
  7. Durable medium: every means — including emails — that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
  9. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
  10. Distance contract: a contract concluded between a trader and a consumer within the framework of a system organized for the distance sale of products, digital content and/or services, whereby sole or partial use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  11. Model form for right of withdrawal: the European model form for right of withdrawal, referenced as Appendix I to these terms and conditions (see the Model Withdrawal Form). The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order — currently true for made-to-order prints, see Article 10;
  12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract realized between the trader and a consumer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer.
  3. If the distance contract is concluded electronically, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable medium.
  4. Where specific product-related terms apply in addition to these general terms, the consumer can always invoke the applicable condition most favorable to him in the event of incompatible terms.

Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products being offered, sufficiently detailed to enable the consumer to make a proper assessment. Illustrations are a true representation of the products offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes clear to the consumer what rights and obligations are related to accepting the offer.

Article 5 - The contract

  1. The contract is concluded at the moment the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer accepts the offer electronically, the trader will immediately confirm receipt of that acceptance electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed.
  3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment, including suitable payment-security measures (handled by Stripe for this site).
  4. The trader may, within statutory limits, decline to conclude a contract or bind it to special conditions, supported by reasons.
  5. At the latest when delivering the product, the trader will provide the consumer in writing (or on a durable medium) with: the business address for complaints; the conditions for exercising the right of withdrawal (or a statement that it’s precluded); guarantee and after-sales information; the full price including taxes and delivery costs; and, if applicable, the model form for right of withdrawal.

Article 6 - Right of withdrawal

Articles 6-9 describe the right of withdrawal in general, as EU/Dutch law requires. As explained in Article 10 below, this right applies to anything bought ready-made from stock — including every print available directly in the webshop — and is excluded only for items custom printed on demand, such as a print ordered through the size/frame picker (see Shipping & Returns for how that works in practice).

Upon delivery of products

  1. When purchasing products, a consumer has the right to dissolve the contract, without giving reasons, during a period of at least 14 days. The trader may ask the reason, but the consumer is not obliged to state it.
  2. This 14-day period starts the day after the product is received by the consumer (or a third party they designate). For orders with several products or deliveries, it starts on the day the last product/delivery is received.

Extended withdrawal period if not informed correctly

  1. If the trader did not provide the statutorily required information about the right of withdrawal, or the model form, the withdrawal period ends 12 months after the original period would have ended — or 14 days after the consumer is later given that information, if that happens sooner.

Article 7 - Consumers’ obligations during the withdrawal period

  1. During the withdrawal period, the consumer shall treat the product and its packaging with care, only unpacking or using it as far as necessary to assess its nature and characteristics — as one would be allowed to in a shop.
  2. The consumer is only liable for a product’s devaluation resulting from handling beyond what’s described in paragraph 1.
  3. The consumer is not liable for devaluation if the trader failed to provide the statutorily required withdrawal information before the contract was concluded.

Article 8 - Consumers who exercise their right of withdrawal and the costs involved

  1. A consumer who wants to withdraw must report this within the withdrawal period, using the model form for right of withdrawal (see Article 1) or another unambiguous method.
  2. The consumer must then return the product within 14 days of that report (unless the trader offers to collect it).
  3. The product should be returned with all relevant accessories, in its original state and packaging where reasonably possible.
  4. The consumer bears the direct cost of returning the product, unless the trader has stated otherwise.
  5. If the consumer withdraws, all supplementary agreements are legally dissolved.

Article 9 - Traders’ obligations in a case of withdrawal

  1. If withdrawal is declared electronically, the trader sends immediate confirmation of receipt.
  2. The trader reimburses the consumer for all payments, including delivery costs charged for the returned product, at the latest within 14 days of being informed of the withdrawal — though refunding may be postponed until the product is received back, or proof of return is given, whichever is earlier.
  3. Reimbursement uses the same payment method the consumer originally used, unless they agree otherwise, and is free of charge to the consumer.
  4. If the consumer chose a more expensive delivery method than the cheapest standard option, the trader does not have to refund the difference.

Article 10 - Precluding the right of withdrawal

The trader can preclude the right of withdrawal for certain products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract. The full statutory list also covers categories not relevant to this site — auctions, package travel, alcoholic drinks, and the like — dropped here. The one category that applies is Article 10 §7 of the template, quoted verbatim:

Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person.

What matters under Article 10 §7 is how an item was produced, not which product page it’s sold on. A print bought through the size/frame picker on a print’s product page is made to order at a third-party print provider only after the customer places their order, in the size (and frame) they chose, and can’t be resold to anyone else once produced. On that basis, the right of withdrawal is excluded for every print purchased that way — this exclusion does not affect a customer’s right to a replacement or refund if a print arrives damaged, of poor print quality, or isn’t what was ordered (see Shipping & Returns). This is disclosed on every print’s product page, before checkout, as this exclusion legally requires.

The exclusion does not extend to anything sold ready-made, off the shelf. That’s not “manufactured according to the consumer’s specifications” in the sense of Article 10 §7 above, however similar the item is to something else on the site that is made to order — this currently covers the calendars, and would also cover any pre-made/ pre-framed prints sold as ready stock (e.g. a batch of prints framed in advance rather than after ordering) rather than through the size/frame picker. For any such item, the ordinary right of withdrawal (Articles 6-9) applies in full: a customer can return it within 14 days for any reason, no explanation needed, using Appendix I (the Model Withdrawal Form).

Article 11 - The price

  1. Prices won’t be increased during the offer’s stated validity period, except for VAT-rate changes.
  2. Prices stated in offers include VAT.

Article 12 - Contract fulfilment and extra guarantee

  1. The trader guarantees the products fulfil the contract, the specifications stated in the offer, and reasonable requirements of reliability, as they existed on the date the contract was concluded.
  2. Any extra guarantee never affects the consumer’s statutory rights.

Article 13 - Supply and implementation

  1. The trader takes the greatest possible care when receiving and implementing orders.
  2. The delivery address is the one the consumer provides.
  3. The trader implements accepted orders with efficient expedition, at the latest within 30 days, unless a different delivery period has been agreed. In practice, Jan Timmer Photography aims to produce and ship orders within about 5 business days — see Shipping & Returns — well within this legal maximum. If delivery is delayed or not possible, the consumer is informed and may dissolve the contract free of charge with a full refund.
  4. The risk of damage or loss of products rests with the trader until delivery to the consumer.

Article 14 - Extended duration transactions: duration, termination and prolongation

This article covers subscriptions and recurring-supply contracts (e.g. regular deliveries or memberships). It does not apply to one-off print purchases on this site, which are single-delivery contracts.

Article 15 - Payment

  1. Unless otherwise agreed, amounts payable by the consumer should be paid within 14 days after the start of the withdrawal period, or within 14 days of the contract being concluded if there’s no withdrawal period. In practice, orders on this site are paid in full via Stripe at checkout.
  2. The consumer must report any inaccuracies in payment data immediately.
  3. If a consumer fails to pay on time, after being informed of the late payment they’re allowed 14 further days to pay; after that, statutory interest and reasonable collection costs may apply (capped at the statutory maximums).

Article 16 - Complaints procedure

  1. The trader provides a complaints procedure and handles complaints accordingly.
  2. Complaints about a contract’s implementation must be submitted to the trader promptly, in full and clearly described, at mail@jantimmer.com.
  3. The trader replies within 14 days of receipt; if a complaint needs more time, the trader confirms receipt within 14 days and indicates when a fuller reply can be expected.
  4. The consumer gives the trader at least 4 weeks to resolve the complaint by joint consultation before it becomes a dispute.

Article 17 - Disputes

Contracts between the trader and a consumer under these terms are governed solely by Dutch law.

Article 18 - Additional or different stipulations

Any additional or different stipulations must not be to the consumer’s detriment, and must be recorded in writing or on a durable medium the consumer can store.

Appendix I - Model form for right of withdrawal

See the Model Withdrawal Form — applies only where a right of withdrawal exists (currently the calendars, not a print ordered through the size/frame picker; see Article 10).