last version edited 9.02.2024

Buyer Terms

Alter house provides a Platform where you can buy artworks from Sellers in Europe, UK, Switzerland, Norway and Iceland. It is important to us that our Platform is safe and reliable for both Buyers and Sellers, which is why we have implemented some important rules for buying on Alter house (the 'Buyer Terms').

Defined terms

In this contract, certain words and phrases are used that have specific meanings (these are referred to as 'defined terms'). You can identify these defined terms because they begin with capital letters (even if they are not at the start of a sentence). When a defined term is used, it carries the meaning assigned to it where it was defined. At the end, you will find the meanings of these defined terms. 

Articles 

The ‘Buyer Terms’ are explained through 25 articles outlined below. We kindly ask you to review them thoroughly in order to comprehend your rights and responsibilities when using our Platform.

Article 1: Our other applicable policies

Our Buyer Terms apply to all agreements and all legal relationships between Alterhouse B.V. (‘Alter house’, ‘us’, or ‘we’) and you. If you buy artworks through our Platform, the following documents will also apply. By using our Platform you agree to be bound by them.

• Buyer Terms
• Contract of Sale 
• Other Policies. To keep our Platform safe and reliable, we have several policies in place which apply to every use of our Platform (e.g. our Privacy Policy). 

To allow for the safe and orderly functioning of our Platform, by accepting the Buyer Terms, you agree that the standard contract of sale (the ‘Contract of Sale’) shall form an integral part of the Contract of Sale between Buyer and Seller with respect to every purchase and sale that is made through our Platform. These Buyer Terms may describe and set out certain additional rights and obligations that will form part of the Contract of Sale you enter into with the Buyer. By agreeing to the Buyer Terms, you agree in advance that you will be bound by the Contract of Sale and the aforementioned rights and obligations (which shall form an integral part of each Contract of Sale) towards your contractual counterparty. Consequently, the Contract of Sale and such additional terms can be invoked against you and/or by you and will supersede any other terms applicable to the contractual relationship between Seller and Buyer.

Summary

We have various types of contracts: 1) Buyer Terms, 2) Contract of Sale, and 3) Other Policies. When you buy artworks through our Platform, you also agree to these contracts.

Article 2: Applicability of the Buyer Terms

• The applicability of Buyer Terms of you or any third party is hereby expressly rejected. These Buyer Terms prevail over any Buyer Terms contained in or referred to in any other documents. If such other terms or conditions apply, despite the foregoing.
• Alter house reserves the right to modify or terminate the Alter house’s service for any reason, without notice at any time. 

Summary

We reject the use of Buyer Terms from you or any third party. These Buyer Terms take precedence over any others in different other versions or documents of the Buyer Terms. Alter House can change or end its service at any time without notice.

Article 3: Your privacy

Respecting the proper processing of your personal data is important to us. In our Privacy Policy, you can read how we handle your personal data. By using our Platform, you acknowledge that we can process your personal data for the purposes described in our Privacy Policy. 

• To enable our Buyers and Sellers to invoke their rights and fulfill their obligations under a Contract of Sale, we provide them with the necessary personal data (e.g. name, email address, phone number and delivery address), as we have been provided with by the Buyer and Seller. For example, a Seller needs this information to be able to ship an artwork to a Buyer. Alter house cannot guarantee or be held liable for the trueness and accuracy of the personal data provided by Buyer and Seller, which we share with Buyer and Seller or third party (e.g. shipment provider) in light of a Contract of Sale. 
• If you receive personal data from a Seller you guarantee that you will only process such personal data to perform your obligations or to remedy any issues under or arising from the Contract of Sale. You will process this personal data in accordance with applicable (data protection) laws and regulations. Without permission from the Seller in question, you may not use any personal data for (other) commercial purposes, for instance for sending unsolicited communications or otherwise approaching the Buyer for such purposes.
• As a Buyer, you are responsible for providing accurate information, whether directly through the Platform, via email communication with Alter house, or through other means of communication, including, but not limited to, furnishing detailed and precise information regarding the proper and accurate delivery of an artwork or product information (such as providing data necessary for an accurate calculation of shipping costs, and so forth). In case of inaccuracies in the provided information and any resulting errors, Alter house accepts no liability concerning this matter.

Summary
Alter house shares personal data of Buyers and Sellers to facilitate the Contract of Sale between you as a Seller and you as a Buyer, with Alter house, the Buyer, and the Seller being separate data controllers. The use of personal data for commercial purposes requires the consent of the respective Buyer and Seller.

Article 4: The proper submission of information 

As a Buyer, you are responsible for providing accurate information, whether directly through the Platform, via email communication with Alter house, or through other means of communication, including, but not limited to, furnishing detailed and precise information regarding the proper and accurate delivery of an artwork or product information (such as providing data necessary for an accurate calculation of shipping costs, and so forth). In case of inaccuracies in the provided information and any resulting errors, Alter house accepts no liability concerning this matter.

Summary

In case of inaccuracies in the provided information and any resulting errors, Alter house accepts no liability concerning this matter.

Article 5: Our Services

We are Alterhouse B.V and, along with certain of our affiliates, we operate the Platform. Alterhouse B.v is a company registered in the Netherlands. Our Chamber of Commerce number is 91828635.

We, along with certain of our affiliates, provide the Services to you through the Platform. Further details of the Services we offer are outlined in the section below. When you, as a Buyer, purchase products using our Platform, you are entering into a contract of sale with the Seller, who is one of our third-party retailers ("Sellers") listed as artists on the Platform. It is essential to understand that the Contract of Sale for the products is solely between you and the respective Seller. We act as an agent, representing the Seller, who is the principal in this transaction. We have the authorization from the Seller to finalize the contract on their behalf, but we are not a direct party to that contract, and you as Buyer are not acquiring the products from us.

When accepting these Buyer terms, it means that you explicitly consent to Alter house providing Services to both the Buyer and the Seller. Please note the following:

• You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items.
• Alter house’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Alter house’s services are not available to children (persons under the age of 18). Further, your Alter house registration as Buyer may not be transferred, licensed, or sold to another party.
• Alter house is not a party to or subject to the Contract of Sale or any other arrangements made between the Buyer and the Seller pursuant to the Contract of Sale between the Buyer and the Seller (including but not limited to shipment arrangements). Alter house is (therefore) not subject to any post contractual information obligations.
• We make use of Third-Party Service Providers. To provide you with the best user experience, we may make use or recommend you to make use of (supplementary) services of third-party service providers, such as payment service providers or shipment providers (‘Third-Party Service Providers’). Our Platform may contain links to websites of such Third-Party Service Providers. Your use of their products, services, applications, or websites may be governed by and subject to the terms and conditions and privacy policies of the relevant Third-Party Service Provider.
• Alter house reserves the right to reject, revoke or refuse to accept any purchase at any time. If any dispute arises after the sale, our sale record is conclusive. Alter house reserves the right, at our sole discretion, to withdraw any artwork from our Platform. Our sales will be conducted in EUR and all payments are due, and must be made, in EURO. 
• We reserve the right to change prices with no prior notice. Prices for works do not include frames unless otherwise indicated. We cannot guarantee that the screen image corresponds exactly with the actual work, either in extent or in colour.

Alter house Residences and/or Art fairs

In addition to our digital presence, Alter house Residences, in collaboration with esteemed partners, organizes physical events. These locations serve as venues for occasions such as discussions and pop-up exhibitions. Our physical presence also includes our participation in exhibiting at Art Fairs. If you as Buyer participate in an event or pop-up exhibition and buy an art work, in addition to the above terms, additional terms and conditions apply. Please refer to these at the bottom of the document.

Summary
We as Alter house are acting as agent on behalf of the Seller, who is the principal. We are authorized by the Seller to conclude the Contract of Sale on their behalf but we are not a party to that contract and you as Buyer are not purchasing the products from us. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items. Alter house’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Alter house reserves the right to reject, revoke or refuse to accept any purchase at any time.We reserve the right to change prices with no prior notice. Our sales will be conducted in EUR and all payments are due, and must be made, in EURO. Prices for works do not include frames unless otherwise indicated. We cannot guarantee that the screen image corresponds exactly with the actual work, either in extent or in colour. In addition to our digital presence, Alter house Residences, in collaboration with esteemed partners, organizes physical events. These locations serve as venues for occasions such as discussions and pop-up exhibitions. Our physical presence also includes our participation in exhibiting at Art Fairs. If you, as a Buyer, purchase an Artwork at one of the Alter house Residences and/or Art fairs, in addition to the above terms, additional terms and conditions apply. Please refer to these at the bottom of the document.

Article 6: Use of our Platform

• Our Services may not be available to Buyers residing in other than Europe, UK, Switzerland, Norway and Iceland. This includes countries that are not supported by our third party payment providers, embargoed or sanctioned countries or countries with markets that are not commercially viable to Alter house. We are entitled to restrict you from creating an Account, and from buying on our Platform if you reside in a non-supported country. If you reside in a country that is added to the non-supported country list and you have already created an Account, we will inform you about this and we may, at our own discretion, restrict our Services to that relevant Account or terminate that Account. 
• Your Account is your responsibility and you use our Platform at your own risk. The same applies to your use of technical means, such as a computer or another device and an internet connection, when using our Platform. 
• In using our Platform, you are obliged to comply with all applicable national, EU, and international laws and binding regulations regarding purchasing artworks via our Platform.
• You may not and you guarantee that you nor any person acting on your behalf is (i) designated by the United States as a Specially Designated National or Blocked Person (SDN), (ii) otherwise subject to economic sanctions regulations or other laws issued by the United States that would prohibit or restrict your using our Platform, (iii) designated under any of the economic sanctions regulations issued by the UK, the EU or any of its Member States, (iv) owned or controlled by any person(s) referred to under (i) and/or (ii) and/or (iii) (individually or in combination), or (v) otherwise subject to any economic sanctions applicable to Alter house (collectively: a ‘Restricted Party’) and that you are not acting on behalf, or for the benefit of, any Restricted Party.
• You agree not to perform any actions that may put an unreasonable and/or disproportionate strain on the infrastructure of our Platform and/or that may hinder the functionality of our Platform. You agree not to reverse engineer, try to obtain the source code, use viruses, Trojan horses, worms, bots, or other software or technical tools that can damage our Platform, make our Platform inaccessible, or circumvent technical protective measures.

Summary

Our Services are only available in Europe, UK, Switzerland, Norway and Iceland, and we may restrict access based on your country or location, especially if it's unsupported or subject to sanctions. Your Account and the tools you use are your responsibility, and you must follow all relevant laws and regulations when using our Platform.

You must not be a Restricted Party, meaning you should not be subject to economic sanctions, and you should not act on behalf of any Restricted Party. Do not perform actions that strain our Platform or harm its functionality. Additionally, avoid reverse engineering, using malicious software, or attempting to disrupt our services.

Article 7: Purchasing artworks

Before buying an artwork, make sure you’re aware of the following: 

• We will collect the payment on behalf of the Seller. 
• You enter into a Contract of Sale with the Seller. If your payment is successful, you will automatically enter into a Contract of Sale with the Seller of the artwork for the amount of the Purchase Price. Alter house is not a party to or subject to the Contract of Sale or any other arrangements made between the you and the Seller pursuant to the Contract of Sale between you and the Seller (including but not limited to shipment arrangements). Alter house (therefore) not subject to any post contractual information obligations.
• For buying your artwork, Buyers have to pay shipping or transportation costs and, where applicable, any additional import costs (e.g. VAT, import levies). You are responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes and VAT), duties, and levies due in respect of these payments. You will pay through our payment service provider. The specified payment period will never be regarded as a statutory limit (‘fatale termijn’). This means a notice of default (‘ingebrekestelling’) is required before the Seller can dissolve (‘ontbinden’) the Contract of Sale due to your failure to pay.
• You also acknowledge and accept that you are responsible for checking if there is any specific rule or restriction applicable to the import of an object into your country. Alter house will not be liable for any such specific rules or restrictions.
• Additional shipping charges. Our shipping charges are determined through collaborative estimates provided by both the Seller and ParcelParcel. It's crucial to acknowledge that, occasionally, these estimates may deviate from the actual shipping cost when the Seller dispatches the artwork. Discrepancies can lead to either higher or lower charges than initially calculated. In such cases, disparities between estimated and actual shipping costs may arise. After the shipment, we arrange that any overpaid shipping charges are corrected for a reimbursement of the excess amount. Conversely, if the initially calculated charges fall short of the actual shipping cost, we will issue a separate invoice, independent of the Platform, detailing the additional payment required.
• Assistance with further identification or other compliance measures. To buy on our Platform, we may ask buyers to provide additional identification information or assist with any additional measures requested by Alter house to comply with applicable law, including any economic sanctions laws and regulations applicable to Alter house. Buyers are obliged to comply with them, and understand and agree that any refusal of such information or measures shall excuse Alter house’s non-performance of any Services.
• You guarantee your purchase is legitimate. You warrant that you do not purchase the artwork as part of a fake or illegal transaction and that you and/or third parties are not engaged or involved (directly or indirectly) in any activity which may imply money laundering in any form or manner whatsoever. Alter house is obliged to comply with applicable laws, regulations and sanctions concerning money laundering and terrorist financing. These laws and regulations require us to prevent money launderers from using our Platform as a channel for their illegal activities and to identify and report suspicious transactions.
• Payment Withholding: We may suspend the payment of the Seller if you raise a dispute regarding potential damage or non-conformity of the artwork.
• Payments are governed by the terms of our payment service providers.
  We work with payment service providers to handle all payments in a safe and secure manner. Payment processing services on our Platform are provided by our payment service providers, depending on which country you’re in.These payment processing services are subject to the respective terms of our payment service providers. By purchasing on Alter house, you agree to be bound by these relevant terms, which may be modified from time to time. Receiving payment may depend on you providing all the details required by the relevant payment service providers, such as your date of birth and a company registration number. If the payment provider blocks a payment in accordance with their applicable terms, we are entitled to cancel the transaction in our system and, to the extent permitted by applicable law, including economic sanctions laws and regulations applicable to Alter house, refund the Buyer. We can’t be held liable or responsible for any damages related to such cancellation or for any failure by a payment service provider to duly and timely provide payment services.  
• Payment Service Providers: Payments are processed securely by our payment service provider Shopify Payments. Their specific terms are to be found here: https://www.shopify.com/ie/legal/terms-payments-nl. Please read them carefully when using our Platform. 
• The Buyer must pay the Total Amount Due immediately by bank wire, credit card, or other method agreed with before the purchase, or the artwork will remain available for sale to other visitors to the Platform until payment is made. Immediate full payment is of the utmost importance to the Seller and Alterhouse (timely payment is essential).
• Alter house reserves the right to reject, revoke or refuse to accept any purchase at any time. If any disputes arises after the sale, our sale record is conclusive. Alter house reserves the right, at our sole discretion, to withdraw any artwork from the Platform. If any dispute arises after the sale, our sale record is conclusive. Our sales will only be conducted in EUR.  
• We reserve the right to change prices with no prior notice. Prices for works do not include frames unless otherwise indicated. We cannot guarantee that the screen image corresponds exactly with the actual work, either in extent or in colour. 
• No violation of law. You may not use a financial institution or other third party that would result in or cause a violation of law applicable to any of the parties, including any economic sanctions laws and regulations applicable to Alter house.
• Payments in combination with the purchase of an Artwork through Alter house Residences and/or Art fairs. If you buy an artwork at one of our exhibitions through Alter house Residence and/or Art fairs, please look for payments into our additional terms for Alter house Residences and/or Art fairs below in this document.

Summary

• A Contract of Sale is established between the Buyer and Seller upon successful payment. Alter house is not a party to this contract and is not subject to post-contractual obligations or arrangements.
• Buyers are responsible for shipping and transportation costs, as well as any applicable import costs. Payment must be made within the specified period.
• Buyers are required to comply with identification and compliance measures as requested by Alter house to adhere to relevant laws and regulations, including those related to money laundering and terrorist financing.
• Payments may be withheld if a dispute regarding artwork damage or non-conformity arises. Payment is processed securely through payment service providers.
• Immediate payment is essential to secure the artwork, and Alter house reserves the right to reject or withdraw artwork from the Platform.
• Prices may change without prior notice, and the screen image may not precisely match the actual artwork. Currency for sales is EUR.
• Buyers must not engage in financial transactions that violate applicable laws, including economic sanctions laws and regulations.

Article 8: Delivery and shipment of artworks

As soon as you have paid in full in accordance with article 7, we will inform the Seller so he or she can deliver the artwork to you. The Seller will ship the item(s) to the address associated with your Account. 

• Our artists have opted for ParcelParcel as their designated shipping service. ParcelParcel is a delivery partner that offers insured shipments, and we exclusively accept shipments with insurance for the sake of quality and risk mitigation, considering our reputation. 
• Make sure your address is correct for delivery. The Seller will ship your Artwork to the address you provided. The address needs to be a physical address and cannot be a PO Box. We will ask the Seller to ship the artwork once your payment has been received in full in accordance with article 7 of these Buyer Terms.
• If there are any shipping or transportation issues, you must work towards a solution directly with the Seller. Shipping and transportation are the sole responsibility of the Seller. Alter house, the Buyer and the Seller are entitled to take the signature of receipt and/or Track & Trace delivery confirmation at the delivery location (whether the Buyer’s address or a pick up point) as proof that you’ve received the artwork. If there’s an issue with the delivery of an artwork and you don’t reach a solution with the Seller, you will both need to cooperate in an investigation by ParcelParcel. An ongoing investigation doesn’t prejudice our right to decide whether the Purchase Price will be refunded to you or paid to the Seller. If a shipment is damaged and needs to be returned to the Seller, ParcelParcel has stated that the return costs aren’t covered. We advise you to contact ParcelParcel if there are any issues. 
• Alter house may cancel a transaction if the Seller does not deliver the artwork or the artwork does not conform to the artwork’s description. If the Seller, in violation of the Seller Terms, does not deliver the artwork or the artwork does not conform to the artwork’s description, we may send the Seller reminders to fulfill his obligations under the Seller Terms and the Contract of Sale. If, despite our reminders, the Seller does not deliver the artwork or cannot or is not willing to remedy the non-conformity of the artwork, you agree and acknowledge that we may cancel the transaction. Although we have cancelled the transaction in our system, you are free to obtain your rights under the Contract of Sale with the Seller directly. 
• If there are any issues, contact us within three (3) days of delivery. As soon as the Track & Trace code shows the artwork has been delivered, you have three (3) days, starting on the day of delivery, to inform us about any issues related to the artwork. You acknowledge that if you do not inform us within this three (3) day period, we might not assess the complaint and we will transfer the money to the Seller. 
• Depending on your place of residence, you may have a right of withdrawal, in accordance with the EU Consumer Rights Directive. Please see more on this subject in article 14.
• Shipping in combination with purchasing an Artwork through Alter house Residences and/or Art fairs. If you buy an artwork at one of our exhibitions through Alter house Residence and/or Art fairs, please look for delivery and shipment into our additional terms for Alter house Residences and/or Art fairs below in this document.

Summary

• Upon payment in accordance with Article 7, we notify the Seller to proceed with delivering the artwork to you. The Seller will ship the item(s) to the address you provided us. 
• Ensure your delivery address is accurate. The Seller will ship your Artwork to the provided address, which must be a physical one and not a PO Box. The Seller will be instructed to ship the artwork only after receiving full payment in line with Article 6 of these Buyer Terms.
• Our artists have opted for ParcelParcel as their designated shipping service. ParcelParcel is a delivery partner that offers insured shipments, and we exclusively accept shipments with insurance for the sake of quality and risk mitigation, considering our reputation. 
• Any shipping or transportation issues should be addressed directly with the Seller, as shipping and transportation fall under the Seller's sole responsibility. The Buyer, Seller, and Alter house are authorized to use the signature of receipt and/or Track & Trace delivery confirmation at the delivery location as proof of artwork receipt, whether it's the Buyer's address or a pick-up point. In the event of delivery issues and the inability to reach an agreement with the Seller, both parties must cooperate in an investigation conducted by ParcelParcel. The ongoing investigation doesn't affect our right to decide whether the Purchase Price should be refunded to the Buyer or paid to the Seller. If a shipment is damaged and needs to be returned to the Seller, it's important to note that return costs are not covered according to ParcelParcel's policy. We recommend contacting ParcelParcel for assistance with any issues.
• Alter house reserves the right to cancel a transaction if the Seller fails to deliver the artwork or if the artwork doesn't match the description provided. In the event of such non-compliance with the Seller Terms, we may send reminders to the Seller to fulfill their obligations under the Seller Terms and the Contract of Sale. If, despite reminders, the Seller doesn't deliver the artwork or fails to address the non-conformity issue, you acknowledge and agree that we may cancel the transaction in our system. Nevertheless, you retain the option to assert your rights under the Contract of Sale directly with the Seller.
• In case of issues, contact us within three (3) days after delivery. Upon the Track & Trace code confirming artwork delivery, you have a three (3) day window, starting from the delivery date, to report any issues related to the artwork. Failure to notify us within this three (3) day period may result in the issue not being assessed, and the payment will be transferred to the Seller.
• Depending on your place of residence, you may be entitled to a right of withdrawal in accordance with the EU Consumer Rights Directive. For further details, please refer to the relevant article 14.
• For artwork purchases at our exhibitions through Alter house Residence and/or Art fairs, please refer to the additional terms regarding delivery and shipment in the section dedicated to Alter house Residences and/or Art fairs below in this document.

Article 9: Availability of our Platform

Alter house is authorised, at all times and without prior notice, to make procedural, technical, commercial, or other changes and/or improvements to our Platform. We are also authorised to put our Platform (temporarily) out of operation and/or to limit use of our Platform  if, (a) in our opinion, this is necessary (e.g. in the context of reasonably necessary maintenance to the Platform ); or (b) in case of force majeure, both in case of (a) and (b) without any liability for any damage and without any obligation to pay any (form of) compensation.

Article 10: Termination, suspension, and other measures

• You can close your Account whenever you want. But, we may not delete your Account if you still have things to do, like payments or deliveries.
  
  
• We can stop providing our services to you if it's required by law or if it's not in our best interest anymore. This includes situations where we can't serve you because of legal restrictions.
  
  
• If you break our rules, we can end your Account right away without giving you a formal warning.
• If we think you're not following the rules, we can pause our services to you. This means you won't be able to use your Account.
• We might also set off claims. This means we can use money you owe us to cover money we owe you, as long as it's allowed by the law.
• For everyone's safety, we can take other steps to protect our Platform and Users from any bad or illegal behavior, or to follow the law.

Article 11: Warranties and liabilities

• We are dedicated to making our Platform the best we can, but you understand that our Services are provided ‘as is’ and without any kind of warranty (express or implied). We do not guarantee that (i) the Platform will be secure or available at any particular time or location, (ii) any malfunction or errors will be corrected, (iii) our Platform will be free of viruses, other harmful materials, or hacking undertakings, or (iv) the results of using our Platform will meet your expectations. If, at any time, our Platform is unavailable or any malfunctions or errors occur, or in case of force majeure, we are, at our own discretion, entitled to take any measures we deem appropriate or necessary. These measures include but are not limited to: removing artworks from our Platform, cancelling transactions, and dissolving Contracts of Sale on behalf of Buyers en Sellers. In so far as permitted by applicable law, Alter House will have no liability whatsoever for damages resulting from:
• The provision of our Services, including but not limited to damages resulting from or in connection with your use of our Platform or from wrongful acts or otherwise;
• The conclusion, performance (this includes the shipment and delivery of Artworks), and/or dissolution of a Contract of Sale by a Buyer or Seller;
• The cancellation of a transaction by Alter house or dissolution of a Contract of Sale by Alter house;
• Any errors in the text as a result of machine translations;
• User Material (such as photographs and the description of artworks) that is unlawful or infringes the rights of third parties
• Unlawful use of the Platform
• Your use of the services of Third Party Service Providers and the acts and omissions of the (services) of Third Party Providers; and
• Unavailability of our Platform, technical problems or other errors of our Platform.
• Limitation of liability. If, despite the above, Alter house is liable for any damages for any reason whatsoever, we are only liable for the compensation of direct damages you suffer as a result of non-performance of our obligations to you or wrongful acts against you that can be attributed to us. In any case, we cannot be held liable for indirect or consequential damages, including but not limited to lost income, lost profits, reduced revenues, and standstill loss. Direct damages only include actual (financial) loss, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage, the liability, and the direct damage. If Alter house is liable for damages for any reason whatsoever, our liability is limited to the highest of the following amounts: (i) the total commission we’ve received from the Seller in question in the period of three months prior to the action that led to liability or (ii) € 500 (five hundred euros). This limitation of liability also applies to our management, directors, employees, representatives, and legal successors. This does not exclude our liability for gross negligence or willful misconduct committed by Alter House or for damages resulting from injury to life, body, or health.
• Report a claim directed to us in time. You have a legal responsibility to verify correct performance by us and to complain about any faults in the performance of our obligations. You hereby agree to verify correct performance by us and to complain about any malfunction in the performance of our obligations to us in writing within six (6) months after you have received our Services. A malfunction that is not reported to us within this complaints period of six (6) months will be qualified as lapsed and can no longer be invoked against us.
• Limitation period. Any claim against Alter House, including but not limited to claims for damages, claims based on undue payment or claims regarding the performance of our obligations to you will lapse after a period of twelve (12) months. This period of twelve (12) months also applies if we need to pay out or refund you but you have not sent us the required contact, personal, and/or bank information to do so, after we’ve requested it (at least once) by mail or phone. In those situations, the period will start from the moment (i) the claim became due and payable or (ii) the Contract of Sale was dissolved by us on behalf of a User.

Summary

We are dedicated to making our Platform the best we can, but you understand that our Services are provided ‘as is’ and without any kind of warranty (express or implied). We do not guarantee that (i) the Platform will be secure or available at any particular time or location, (ii) any malfunction or errors will be corrected, (iii) our Platform will be free of viruses, other harmful materials, or hacking undertakings, or (iv) the results of using our Platform will meet your expectations. If, at any time, our Platform is unavailable or any malfunctions or errors occur, or in case of force majeure, we are, at our own discretion, entitled to take any measures we deem appropriate or necessary. These measures include but are not limited to: removing artworks from our Platform, cancelling transactions, and dissolving Contracts of Sale on behalf of Users. As far as permitted by applicable law, Alter House will have no liability whatsoever for damages resulting from the stated above.
If, despite the above, Alter house is liable for any damages for any reason whatsoever, we are only liable for the compensation of direct damages you suffer as a result of non-performance of our obligations to you or wrongful acts against you that can be attributed to us. In any case, we cannot be held liable for indirect or consequential damages, including but not limited to lost income, lost profits, reduced revenues, and standstill loss. If Alter house is liable for damages for any reason whatsoever, our liability is limited to the highest of the following amounts: (i) the total commission we’ve received from the Seller in question in the period of three months prior to the action that led to liability or (ii) € 500 (five hundred euros).
You have a legal responsibility to verify correct performance by us and to complain about any faults in the performance of our obligations. You hereby agree to verify correct performance by us and to complain about any malfunction in the performance of our obligations to us in writing within six (6) months after you have received our Services. A malfunction that is not reported to us within this complaints period of six (6) months will be qualified as lapsed and can no longer be invoked against us.

Any claim against Alter House, including but not limited to claims for damages, claims based on undue payment or claims regarding the performance of our obligations to you will lapse after a period of twelve (12) months. 

Article 12: Failure to fulfill your obligations towards the Seller

If you fail to fulfill your obligations towards the Seller under the Contract of Sale in full and in a timely manner, you will be in default (‘verzuim’) and the Seller will be entitled to dissolve (‘ontbinden’) the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we are not obliged to do so. In case of a dissolution of the Contract of Sale, you will compensate the Seller’s damages, without prejudice to any other rights the Seller has.

Article 13: Failure to fulfill your obligations towards Alter house

If you fail to fulfill your obligations towards Alter house under the Terms and Conditions, we may decide to cancel the transaction of the relevant artwork. This cancellation is not the same as a dissolution of the Contract of Sale and the Seller is free to obtain his rights under the Contract of Sale with you directly. If we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result of the cancellation. This means you will still owe us any made damages. You will also be liable for the amount of the Seller’s Commission that we missed out on as a result of the cancellation.

Consequences of your failure to comply with our Buyer Terms

In addition to our Buyer Terms, we may take one or more of the following actions if:

• You fail to comply with applicable laws, including economic sanctions laws and regulations applicable to Alter house.
• You breach our Buyer Terms.
• We become aware of concerns about your behavior.
• We genuinely believe it is necessary to protect our Platform, other Buyers and/or Sellers, the general public interest, or to prevent fraud or illegal activities.

These actions may include:

• Temporarily or permanently limiting your access to our Platform or your authorization to purchase artworks.
• Temporarily or permanently revoking any special status associated with your Account.
• Temporarily or permanently limiting your access to your Account.

In certain situations, such as when:

• You have not provided accurate bank or identification details upon our first request within a reasonable period.
• You have been flagged by our payment service provider(s).
• You have not passed any PEP or sanctions list checks.
• Alter house determines, or is otherwise directed by any competent authority, that it would be prohibited or sanctionable under any economic sanctions laws and regulations applicable to Alter house to provide any services to you.

You will be in default, and:

• Any payment (including a refund) may be withheld.
• You may forfeit the right to receive payment (including a refund).

If you paid for an artwork with your credit card and, even though the Seller was not in default, you filed a successful chargeback, we are allowed to:

• Block your Account.
• Set off any claims we have towards you.
• Block any future payments (including refunds) to you.
• Initiate legal proceedings against you.

Regarding the penalty:

We can impose an immediately due and payable penalty of €1,000 for each violation of these Buyer Terms. Normally, we attempt to provide a warning before imposing this fine, but in the case of severe infringements, we will impose the fine without notice. The penalty will increase by 10% for each subsequent violation. If possible, we will set off this penalty in accordance with our Buyer Terms. 

Article 14: Right of withdrawal

Depending on your place of residence, you may have a right of withdrawal, in accordance with the EU Consumer Rights Directive. 

The EU and UK right of withdrawal may be applicable to your Contract of Sale. Consumers who reside in a country within the European Economic Area or the UK and who purchase a artwork from a Seller will be entitled to withdraw from the purchase without being obliged to state the reason for withdrawal within fourteen (14) days after the day of receipt of the artwork.

If you withdraw from your purchase, you need to return the artwork to the Seller. Under the right of withdrawal, you’ll need to return the artwork within fourteen (14) days of your withdrawal notification. The return shipping or transportation costs and any customs duties are for your own account and responsibility. If appropriate given the value of the artwork, you must obtain adequate shipping insurance for the artwork. You can do this with ParcelParcel if you want, please contact us for more information. The artwork must be returned to the Seller with all the related accessories that were delivered, in the original condition and, if possible, packaging. You are liable for any diminished value of the artwork resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the artwork. When either the Seller has received the artwork, the Purchase Price and the original shipping or transportation costs you paid to the Seller will be refunded to you. 

Article 15: Internal communication

To communicate directly with a Seller, we will provide you with the relevant contact information, via e-mail and/or phone. You will not use this contact information for the following activities:

• Sending unsolicited advertising or promotions, requests for donations, or spam;
• Insulting, harassing, or discriminating against Sellers;
• Making a sales agreement with a Seller outside of our Platform, with the aim of avoiding commission;

Article 16: Disputes with the Seller

We expect Buyer and Sellers to resolve any dispute between themselves. Alter house will render reasonable efforts to mediate between you and the Seller. In order to safeguard our rights and obligations under the Buyer Terms, any complaints and disputes between you and a Seller must therefore be reported to us as soon as possible after the relevant issue has arisen. In accordance with Article 8 of the Buyer Terms, You acknowledge that if you do not inform us within this three (3) day period, we might not assess the complaint and we will pay the Seller.

• To give us a chance to help you, any complaints and disputes between the Seller and the Buyer must be reported to us as soon as possible after the relevant issue has arisen. We will, without any obligation, attempt to help you resolve the dispute in good faith and in line with our Seller and Buyer terms. 
• Even with our support, it is possible that disputes may not reach a satisfactory conclusion. You agree that in that case, we can decide, at our sole discretion, to either refund the Buyer or pay the Seller. We will base our decision on all relevant information available and take into account any possible agreements made between Buyer and Seller. Our decision has no effect on the validity of the Contract of Sale or your rights thereunder. Despite the decision we reach, the Buyer and Seller are free to invoke their rights under a Contract of Sale or discuss their claims related to a Contract of Sale amongst themselves. We cannot be held liable to pay any damages or other compensation to the Buyer or the Seller in connection with our decisions made in an effort to resolve disputes between Users. 
• Alter house reserves the right not to refund the price of the artwork and/or the Seller if Sellers decide to dissolve the Contract of Sale amongst each other and without the involvement of Alter house.
• All Contracts of Sale between Sellers and Buyers are exclusively governed by Dutch law.

Reach out to the Buyer: contact them via Alter house. 

Reach out to Alter house: contact us by sending us an email via the contact info available on our website.
 

Summary

We expect Buyer and Sellers to resolve any dispute between themselves. Alter house will render reasonable efforts to mediate between you and the Seller. In order to safeguard our rights and obligations under the Buyer Terms, any complaints and disputes between you and a Seller must therefore be reported to us as soon as possible after the relevant issue has arisen. In accordance with Article 3 of the Buyer Terms, You acknowledge that if you do not inform us within this three (3) day period, we might not assess the complaint and we will pay the Seller.

Even with our support, it is possible that disputes may not reach a satisfactory conclusion. You agree that in that case, we can decide, at our sole discretion, to either refund the Buyer or pay the Seller. We will base our decision on all relevant information available and take into account any possible agreements made between Buyer and Seller. Our decision has no effect on the validity of the Contract of Sale or your rights thereunder. Despite the decision we reach, the Buyer and Seller are free to invoke their rights under a Contract of Sale or discuss their claims related to a Contract of Sale amongst themselves. We cannot be held liable to pay any damages or other compensation to the Buyer or the Seller in connection with our decisions made in an effort to resolve disputes between Users. 

Alter house reserves the right not to refund the price of the artwork and/or the Seller if Sellers decide to dissolve the Contract of Sale amongst each other and without the involvement of Alter house.

All Contracts of Sale between Sellers and Buyers are exclusively governed by Dutch law. 

Article 17: Disputes with Alter house

If you’re unhappy with our Services, let us know and we will try to resolve your issue. If we can’t find a solution, the following rules will govern any (legal) dispute between you and Alter house:

• These Buyer Terms, our Standard Contract of Sale, the use of our Platform, and any disputes that arise from this are exclusively governed by Dutch law. If you are acting as a consumer this choice of law leaves unaffected overriding mandatory statutory consumer protection regulations in your country of residence.
• All disputes that arise between you and Alter house will be submitted to the competent court in the district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to another court. With regard to consumers, disputes must be submitted to the competent court in the district of Amsterdam, unless the consumer chooses a court that is competent according to law within one month after Alter house has invoked this provision in writing. 
• Even though we would like to solve any issues ourselves, we want you to know that you can also submit a complaint to an authority for extrajudicial dispute resolution (see the website of the ODR Platform for more information).

Article 18: Changing the Buyer Terms

• We may amend or supplement these Buyer Terms at any time. If you do not wish to accept the Buyer Terms, your only remedy is to discontinue using our Platform and stop our partnership. More information on this you can find in Article 11.
• Alter house may transfer rights and obligations that follow from the Buyer Terms to third parties, and we will inform you if this happens. If you do not find the transfer of obligations to a third party acceptable, you can discontinue using the Platform and stop our partnership, subject to the applicability of these Buyer Terms.

Article 19: Severability

If any provision(s) in these Buyer Terms is/are void or invalid in whole or in part for any reason, the User and Alter house remain bound by the remaining Buyer Terms. We will replace the void and/or invalid part (with regard to the specific User or specific situation) with valid provisions. These new provisions will have legal consequences that are consistent with the intent and purpose of these Buyer Terms to the greatest extent possible.

Article 20: Indemnification

To the maximum extent permitted by applicable law, you shall fully indemnify us, and any companies affiliated with Alter house as well as our management, directors, employees, representatives, and legal successors, against claims from other Buyers and Sellers and other third parties and all damages and costs (including costs incurred to obtain any compensation and/or indemnification for any damages) Alter house suffers or incurs as a result of (i) your breach of the Buyer Terms, (ii) your breach of a Contract of Sale, (iii) any improper actions during the use of our Platform, (iv) your breach of any laws, regulations, or third party rights and/or (v) a wrongful act.

Article 21: Data

In our Privacy Policy you can find which data we process, how and why we process it, and what your rights are. However, it might also be relevant for you to know which data generated by our Services is available to you as a Buyer. You can find this information in your Account. In our FAQ you will find the most frequently asked questions about data accessibility for Buyers. 

Article 22: Contact us

If you have questions about this Buyer terms, You can always reach out to us by:

info@alterhouse.gallery

www.alterhouse.gallery

@alterhouse.gallery

ADDITIONAL SELLER TERMS - ALTER HOUSE RESIDENCES AND/OR ART FAIRS

In the next three articles we describe the additional terms and conditions that apply to Alter house Residences and/or Art fairs;

Article 1 Our services

Concerning our Alter house Residences and/or Art fairs it is crucial to understand the following: 

- During the exhibition, Alter house, including Alter house Residence, is not responsible for the transportation to and from the exhibition, nor for the objects during the exhibition in case of theft, cost of transportation, damage, and so forth. 

- At the moment we decide, for any reason, to transport artworks to the personal homes of the owners of Alter house, they and Alter house as a company are equally not responsible in case of theft, damage, and so forth. However, Alter house will make all reasonable efforts to prevent such incidents and mediate as needed.

Article 2: Payment of Artworks

At our exhibitions conducted through Alter house Residences and/or Art fairs, you have the chance to buy Artworks. Although the platform's primary purpose is to connect you and the Seller online, we can facilitate this interaction in a physical, offline setting at these events. By participating, you provide us with the necessary information to fulfil the Standard Contract of Sale for you and the Seller. This is your name, address and bank account number. We will bring you and the Seller together to sign the Standard Contract of Sale.

Article 3 - Delivery and Shipment of Artwork

In the event of selling an artwork at one of our exhibitions through Alter house Residences and/or Art fairs, there are two available options for delivery and shipment:

1. Expo Pickup: You can pick-up the artwork on the day of the exhibition. No shipping costs apply in this scenario. In this scenario, it also means that at the time of the exhibition, you thoroughly inspect the artwork for its overall condition and any issues. This is the only moment to inform us of any problems. You acknowledge that otherwise, we will have already transferred the money to the Seller. However, the EU right of Withdrawal still applies.
2. Delivery to Buyer's Address: If you buy an Artwork during the exhibition, and you do not collect the artwork at the exhibition, the Seller can arrange shipping for you through ParcelParcel. For this we need to provide the Seller with your information such as your address, name and bank account number. Any shipping costs incurred are again your responsibility.

Defined terms

Platform: Our website, www.alterhouse.gallery

Seller Terms: The agreement we have with our Sellers, the Artists.

Services: all services provided by Alter house

Buyer Terms: The agreement we have with our Buyers.

Contract of Sale: The agreement entered into by Buyers and Sellers.

Purchase Price: The total price of the artwork, including applicable VAT.

Total Amount Due: Net Price + shipping or transportation costs, and, if applicable, any additional import expenses (e.g., VAT, import duties).

Artwork: the artworks of our artist collective. 

Alterhouse B.V.

Chamber of Commerce 91828635

RSIN: 865785156

SBI-code: 47915

Registration number 000057486107

The Netherlands

last edited 9.02.2024

Standard Contract of Sale between the Buyer and Seller 

This standard contract of sale (the ‘Standard Contract of Sale’) by and between Buyer and Seller forms an integral part of the Contract of Sale as defined in the Buyer- and Seller Terms. By accessing or using our Platform, you agree to be bound by these terms towards, where applicable, a Buyer or a Seller, when concluding a Contract of Sale. Words written with a capital letter have the definition assigned to them in the Buyer- and Seller Terms.

Article 1: Contract of Sale

The Contract of Sale applies to the relationship between the Buyer and Seller, and Alter house is not a party to the Contract of Sale. The applicability of any third-party terms is expressly rejected.

Article 2: Buyers and Seller privacy

Respecting the proper processing of personal data of Buyer and Seller is important to Alter house. In Alter house’s Privacy Policy, you can read personal data is handled. By the Platform, you acknowledge that Alter house can process your personal data for the purposes described in our Privacy Policy. 

• To enable the Buyers and Sellers to invoke their rights and fulfill their obligations under a Contract of Sale, Alter house provides them with the necessary personal data (e.g. name, email address, phone number and delivery address), as Alter house has provided with by the Buyer and Seller. For example, a Seller needs this information to be able to ship an artwork to a Buyer. Alter house cannot guarantee or be held liable for the trueness and accuracy of the personal data provided by Buyer and Seller, which we share with Buyer and Seller or third party (e.g. shipment provider) in light of a Contract of Sale. 
• If you receive personal data from a Buyer or Seller you guarantee that you will only process such personal data to perform your obligations or to remedy any issues under or arising from the Contract of Sale. You will process this personal data in accordance with applicable (data protection) laws and regulations. Without permission from the Buyer or Seller in question, you may not use any personal data for (other) commercial purposes, for instance for sending unsolicited communications or otherwise approaching the Buyer or Seller for such purposes.

Summary

Alter house shares personal data of Buyers and Sellers to facilitate the Contract of Sale between you as a Seller and you as a Buyer, with Alter House, the Buyer, and the Seller being separate data controllers. The use of personal data for commercial purposes requires the consent of the respective Buyer and Seller. 

Article 3: The proper submission of information 

As a Seller and Buyer, you are responsible for the accurate provision of information, whether directly through the Platform Alter house, via email communication with Alter house, or through other means of communication, including, but not limited to, providing detailed and precise information regarding the proper and correct delivery of an artwork or product information (such as photos, prices, dimensions, product specifications, providing data necessary for an accurate calculation of shipping costs, and so forth). In the event of inaccuracies in the provided information and any resulting errors, Alter House accepts no liability concerning this matter, and it must be resolved by the Seller and Buyer.

Summery

Any disputes arising from incorrect data sharing from the Buyer or the Seller, must be resolved by the Buyer and Seller without any liability for Alter house. 

Article 4: Our Services

4.1 Platform

• You as Buyer or Seller shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding their use of our service and their activities, including the purchase of items, solicitation of offers to purchase, and sale of items.
• Both the Seller and the Buyer must be individuals capable of entering into legally binding contracts under the applicable law. Transactions between the Seller and the Buyer occur directly, and Alter House's services are purely for facilitation. These services are not available to minors (persons under the age of 18). Furthermore, your Alter House registration as a Buyer may not be transferred, licensed, or sold to another party.
• During the purchase between the Seller and the Buyer, Third-Party Services Providers are utilized. As a Seller or Buyer, utilization of their products, services, applications, or websites may be regulated by and subject to the terms and conditions and privacy policies of the respective Third-Party Services Provider.
• The sale between Buyer and Seller will be conducted in EUR and all payments are due, and must be made, in EURO. 

4.2 Alter house Residences and/or Art fairs

If you, as a Seller or Buyer, purchase an Artwork at one of the Alter house Residences and/or Art fairs, in addition to the above terms, additional terms and conditions apply. Please refer to these at the bottom of the document. 

Article 5: The Alter house collection

The Artworks of the Seller in the collection should meet the following criteria:

• Be in good condition
• Be signed, stamped, marked, or dated
• Be handmade (except for photography)
• May require documentation to substantiate the authenticity of the piece, such as a Certificate of Authenticity (COA). This Certificate of Authenticity serves to authenticate your artwork.
• In regard to editions, Alter house will only entertain those with a maximum quantity of 30, with the intention of maintaining very limited edition numbers, unless otherwise agreed upon in advance.

Article 6: Purchasing artworks

• As Buyer or Seller, you enter into this Contract of Sale when the payment of the Buyer is successful. Alter house is not a party to or subject to the Contract of Sale or any other arrangements made between Buyer and Seller pursuant to the Contract of Sale between Buyer and Seller (including but not limited to shipment arrangements). Alter house (therefore) not subject to any post contractual information obligations.
• Buyers have to pay shipping or transportation costs and, where applicable, any additional import costs (e.g. VAT, import levies). Buyers also acknowledge and accept that they are responsible for checking if there is any specific rule or restriction applicable to the import of an object into their country. 
• Buyer has acknowledged and accepts that they are responsible for checking if there is any specific rule or restriction applicable to the import of an object into their country. 
• The shipping charges are determined through collaborative estimates provided by both the Seller and their selected delivery partner ParcelParcel. It's crucial to acknowledge that, occasionally, these estimates may deviate from the actual shipping cost when the Seller dispatches the artwork. Discrepancies can lead to either higher or lower charges than initially calculated. In such cases, disparities between estimated and actual shipping costs may arise. After the shipment, Alter house arranges that any overpaid shipping charges are corrected and will reimburse the excess amount to the Buyer. Conversely, if the initially calculated charges fall short of the actual shipping cost, Alter house will issue a separate invoice to the Buyer, independent of the Platform, detailing the additional payment required.
• Buyer guarantees their purchase is legitimate. They warrant they do not purchase the artwork as part of a fake or illegal transaction and that you and/or third parties are not engaged or involved (directly or indirectly) in any activity which may imply money laundering in any form or manner whatsoever. 
• The Seller presents the Purchase Price on the Platform to the Buyer, including VAT. The accurate disclosure of the Seller's VAT percentage is the sole responsibility of the Seller. Any inaccuracies in this information may result in insufficient funds reserved for VAT returns.
• Payment Services Providers: Payments are processed securely by the payment service provider Shopify Payments. Their specific terms are to be found here: https://www.shopify.com/ie/legal/terms-payments-nl. Please read them carefully when using the Platform. 
• The Buyer must pay the Total Amount Due immediately by bank wire, credit card, or other method agreed with before the purchase, or the artwork will remain available for sale to other visitors to the Platform until payment is made. Immediate full payment is of the utmost importance to the Seller and Alterhouse (timely payment is essential).
• Alter house will collect the payment on behalf of the Seller.  
• Payments in combination through Alter house Residences and/or Art fairs: If the Buyer buys an artwork at one of our exhibitions through Alter house Residences and/or Art fairs, or if the Seller sells an artwork at one of our exhibitions through Alter house Residences and/or Art fairs our additional terms for Alter house Residences and/or Art fairs below in this document apply.

Article 7: Delivery and shipment of artworks 

• The Seller has opted for ‘ParcelParcel’ as their designated shipping service. ParcelParcel is a delivery partner that offers insured shipments, and Alter house exclusively accepts shipments with insurance for the sake of quality and risk mitigation.
• ParcelParcel enables prospective Buyers to choose from several shipping options: FedEx, DHL, TNT, UPS, and Skynet. Buyer and Seller can find their comprehensive terms and conditions at https://www.parcelparcel.com/nl_NL/algemene-voorwaarden.
• The Seller is legally obligated to dispatch the Artworks from the address they have provided to Alter house so the Artworks can be delivered properly to the Buyer. The Buyer must make sure the address is correct for delivery. The address needs to be a physical address and cannot be a PO Box. 
• The Artwork must be dispatched by the Seller or transported within five (5) business days from the date of payment. The Seller is required to diligently package the Artwork and dispatch it within five (5) business days from the receipt of payment confirmation from Alter house. The Seller bears the responsibility for the proper shipment of the Artwork to the Buyer and shall be liable for any damages that may arise due to an inadequate shipment. The Seller should read the terms and conditions carefully, provided by ParcelParcel. The Seller acknowledges and agrees that Alter house shall not, under any circumstances, be held liable for the shipping services recommended through our Platform. 
• Shipping to and from unsupported countries. The buyer can not buy an Artwork in countries that are not on the list of supported countries. This means that the Artwork is currently only shipped to Buyers in EU countries or the UK, Switzerland, Norway and Iceland.
• Shipping in combination with sale of an Artwork through Alter house Residences and/or Art fairs. If you sell or buy an Artwork at one of our exhibitions through Alter house Residences and/or Art fairs, the additional terms for Alter house Residences and/or Art fairs below in this document apply.
• Buyer and Seller liaise with each other if there are shipping issues. If the Artwork is delayed, lost and/or damaged during shipping, and Seller or Buyer are not able to reach a solution with each other, you will request and could cooperate in an investigation by ParcelParcel. Alter house, the Buyer and the Seller are entitled to take the signature of receipt and/or Track & Trace delivery confirmation at the delivery location (whether the Buyer’s address or a pick up point) as proof that the Buyers has received the artwork. For shipping issues, Buyers and Sellers advice can contact ParcelParcel, if they have questions. Alter house will also always try to assist and do our best to resolve the matter. 
• Alter house may cancel a transaction if the Seller does not deliver the artwork or the artwork does not conform to the artwork’s description. If the Seller, in violation of the Seller Terms, does not deliver the artwork or the artwork does not conform to the artwork’s description, Alter house may send the Seller reminders to fulfill his obligations under the Seller Terms and the Contract of Sale. If, despite the reminders of Alter house, the Seller does not deliver the artwork or cannot or is not willing to remedy the non-conformity of the artwork, the Buyers agree and acknowledge that Alter house may cancel the transaction. Although Alter house has cancelled the transaction in our system, the Buyers are free to obtain their rights under the Contract of Sale with the Seller directly. 
• Depending on the place of residence, the Buyer may have a Right of Withdrawal, in accordance with the EU Consumer Rights Directive. The EU and UK Right of Withdrawal may be applicable to the Contract of Sale. Consumers who reside in a country within the European Economic Area or the UK and who purchase a artwork from a Seller will be entitled to withdraw from the purchase without being obliged to state the reason for withdrawal within fourteen (14) days after the day of receipt of the artwork. If the Buyers withdraw from their purchase, they need to return the artwork to the Seller. Under the right of withdrawal, they need to return the artwork within fourteen (14) days of their withdrawal notification. The return shipping or transportation costs and any customs duties are for the Buyer's own account and responsibility. If appropriate given the value of the artwork, Buyers must obtain adequate shipping insurance for the artwork. The Artwork must be returned to the Seller with all the Buyers are liable for any diminished value of the artwork resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the artwork. When either the Seller has received the artwork, the Purchase Price and the original shipping or transportation costs you paid to the Seller will be refunded to the Buyer.

Article 8: Disputes between Seller and Buyers 

We expect Buyers and Sellers to resolve any disputes between themselves. Alter house will render reasonable efforts to mediate between the Seller and the Buyer. 

• Any complaints and disputes between the Seller and the Buyer must be reported to Alter house as soon as possible after the relevant issue has arisen. 
• Alter house will, without any obligation, attempt to help Buyer or Seller to resolve the dispute in good faith and in line with the Seller and Buyer terms. 
• Even with the support of Alter house, it is possible that disputes may not reach a satisfactory conclusion. Buyer and Seller agree that in that case, Alter house can decide, at their sole discretion, to either refund the Buyer or pay the Seller. Alter house will base our decision on all relevant information available and take into account any possible agreements made between Buyer and Seller. Alter house’s decision has no effect on the validity of the Contract of Sale or the rights of Buyer and Seller thereunder. Despite the decision that is reached, the Buyer and Seller are free to invoke their rights under a Contract of Sale or discuss their claims related to a Contract of Sale amongst themselves. 
• All Contracts of Sale between Sellers and Buyers are exclusively governed by Dutch law. However, Buyer and Seller acknowledge that mandatory local law may result in additional (overriding) laws other than Dutch law. 

Reach out to the Buyer or Seller : contact them via Alter house.

Article 9: Severability

If any provision(s) in this Contract are Sale is/are void or invalid in whole or in part for any reason, the Buyer and Seller and Alter house remain bound by the remaining Buyer Terms and Seller Terms. We will replace the void and/or invalid part (with regard to the specific Buyer or Seller or specific situation) with valid provisions. These new provisions will have legal consequences that are consistent with the intent and purpose of Buyer- and Seller Terms to the greatest extent possible.

ADDITIONAL SELLER TERMS - Alter house RESIDENCES and/or Art fairs

The next three articles describe the additional terms and conditions that apply to Alter house Residences and/or Art fairs for Buyer and Seller:

Article 1: Payment of Artworks

At our exhibitions conducted through Alter house Residences and/or Art fairs, Sellers have the chance to sell your Artworks. By participating, the Seller grants us the authority to oversee the sale process and issue invoices to Buyers on their behalf. During these events, we will bring both parties together. Any sales will be subject to the Standard Contract of Sale. 

Article 2 - Delivery and Shipment of Artwork

In the event of buying or selling an Artwork at one of our exhibitions through Alter house Residences and/or Art fairs, there are two available options for delivery and shipment:

1. Expo Pickup: The Buyer can pick-up the Artwork on the day of the exhibition. No shipping costs apply in this scenario.
2. Delivery to Buyer's Address: If a sale occurs during the exhibition, and the Buyer does not collect the Artwork at the exhibition, the Seller can arrange shipping through Parcel Parcel. Any shipping costs incurred are again the responsibility of the Buyer.

Defined terms

Platform: The website www.alterhouse.gallery

Seller Terms: The agreement Alter house has with the Sellers, the Artists.

Services: all services provided by Alter house

Buyer Terms: The agreement  Alter house has with the Buyers.

Contract of Sale: The agreement entered into by Buyers and Sellers.

Purchase Price: The total price of the artwork, including applicable VAT.

Total Amount Due: Net Price + shipping or transportation costs, and, if applicable, any additional import expenses (e.g., VAT, import duties).

Artwork: the artworks of the artist collective of Alter house.

Alterhouse B.V.

Chamber of Commerce 91828635

RSIN: 865785156

SBI-code: 47915

Registration number 000057486107

The Netherlands