GENERAL TERMS AND CONDITIONS

Below are the general terms and conditions of sale that govern the contractual relationship between each user of the site www.maestro-gallery.com and its connected sites, products, services, mobile applications, and tools (collectively, the "Site") (hereinafter designated "User" or "You") and the company Maestro Gallery, whose office is located at Tweede Helmersstraat 17-19, 1054 CB Amsterdam, The Netherlands, and is registered in the register of commerce and corporations of The Netherlands under the number ____________ (hereafter referred to as "Maestro Gallery").

All other conditions, including prior explicit and written derogations, are superseded by these general terms of sale. Maestro Gallery has the right to change specific provisions of its general terms at any time, and it is required to read them again before each visit to the site www.maestro-gallery.com (hereafter designated" Site "). These revisions are effective as of the date of their online instatement (the date of their online instatement appearing at the end of the current conditions) and cannot be applied to contracts that have already been finalized. The general conditions in effect at the time of the order govern each purchase made on the Site. After reading the General Conditions and verifying your command, you accept them without reservation. By using the Site, you agree to abide by the terms and conditions set out below. The current terms and conditions apply to the sale of Maestro Gallery artwork on the Site. Maestro Gallery provides Buyers with access to and use of the Site subject to your compliance with these Terms and the Maestro Gallery’s privacy policy, available at: https://www.maestro-gallery.com/privacy-policy/. By using the Site, you agree to these Terms and our Privacy Policy. If you do not agree to these terms or our privacy policy, you may not access or use the Site.

1. The Site.

The Site serves as an online marketplace for appropriately qualified Collectors ("Collectors") and Artists (“Artists”) to offer artworks ("Artworks") for sale to potential buyers. We offer fine art photography, painting, and sculpture by emerging and established artists from around the globe. In some cases, we also act as an intermediary, agent, and fiduciary for the Collectors and Artists.

2. Characteristics of The Products

Photographs from the Photography Art Market are made-to-order (MTO), or custom-made, meaning each print is unique and tailored to your specifications. Photographs from the Limited Edition Art Photography are available in one or more formats and mountings, depending on agreements made between the photographer and Maestro Gallery. The Limited Edition Art Photography is accompanied by a biography of the artist and a certificate of authenticity in English. Additionally, Maestro Galerry also offers a wide range of original abstract paintings, glass, and sculptures by well-known and upcoming artists.

Prices are exclusive of taxes and shipping costs. The currency in which the prices are shown varies depending on the country from which the Site is accessed: Euros for eurozone nations, USD for the United States, and Euros for all other countries. You are the importer of the work or works in question if they are delivered to a nation other than the Netherlands. Customs tariffs or other local importation fees, as well as state costs, may be asked for any works expedited to destinations outside of the Netherlands. These fees and charges are unrelated to Maestro Gallery's authority. They will be under your control and will result in your complete accountability, both in terms of disclosures and payments to your country's authorities and responsible organizations. We recommend that you learn more about this from your local authorities. Maestro Gallery reserves the right to change its prices at any time. Works are billed based on the current price list prevailing at the time of order registration, based on availability.

3. Intellectual Property

Unless otherwise stated, all content on this site, including copyright and other intellectual property rights, belongs to or has been licensed by us. Our content is protected by relevant Dutch and international intellectual property laws.Our site's content may not be duplicated, copied, distributed, sold, rented, sublicensed, stored, or otherwise re-used unless we provide you with written permission to do so.

(a) Rights Concerning the Work
The artist retains the rights of authorship of his or her work, as defined by Dutch law because he or she took the initiative in its creation. The authors and Maestro Gallery own the representation and reproduction rights to the works displayed on the website www.maestro-gallery.com. All exploitation of these rights requires their joint authorization. As a result, your rights to the acquired work are restricted to private use only, with no right of representation or reproduction.

(b) Intellectual Property Right
The elements on the site and the site itself are all protected by rights of authorship, trademarks, designs, models, and/or other intellectual property rights. The following items are not exhaustive: photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs. These materials are either owned by Maestro Gallery or used with the permission of their owners. As a result, any reproduction, representation, utilization, adaptation, modification, incorporation, translation, or commercialization, whether partial or integral, is prohibited, regardless of the method or medium are forbidden, without the advanced written authorization of Maestro Gallery.

4. Gift Certificate

Per order, only one gift certificate will be accepted. A gift certificate cannot be used for several orders: it can only be used once. It is also not possible to recover any remaining balance. Gift certificates cannot be exchanged or refunded.

5. Registration and Account Access

To use the Site, you may be required to register. Registrants must submit basic information, including a valid email address and a password that will be used to establish and access their accounts. This password, along with the rest of your registration information, should be kept private and not shared with anybody. In order to personalize their accounts, registrants may freely supply additional information during the registration process. After logging in, registrants can access their accounts to examine their profile information and transaction information by selecting the symbol on the Site's home page. The Site is not intended for minors. To use this Site, you must be at least 18 years old. This Site is not intended for children under the age of thirteen, and it does not intentionally collect information from children under the age of thirteen. At any moment, Buyers can cancel their registration and account. Requests to cancel accounts must be sent to support@maestro-gallery.com from the registered email account with Maestro Gallery for security reasons. A cancellation request received over the phone or in any other manner will not be accepted.

(a) Who can register?
1. Registration is limited to natural individuals of full age and legal capacity or partnerships. Minors, in particular, are not authorized to register. We ask for your understanding on this subject.
2. The registration of a legal person can only be completed by a natural person with the necessary authority.
3. If any or all of the information you provided at registration changes, you are required to correct it without delay.
4. A username and password must be chosen during registration. The username must not infringe on the rights of third parties, particularly copyright or trademark rights. Furthermore, the username must not be deceptive, harmful to public policy, or illegal. We can impose explicit criteria and limits on new usernames, as well as reject existing usernames - with retroactive effect.
5. Passwords must be kept private, and account access must be restricted. If you suspect that third parties are misusing your account, you must notify us immediately.

(b) How are our services provided?
1. Maintenance
We will do frequent maintenance on our website for the sake of future development and security, as well as to ensure an error-free service. To that purpose, and with appropriate consideration for your interests, we reserve the right to temporarily suspend or limit the supply of our services. As far as possible, such maintenance work should be done when the equipment is not in use. Should longer periods of interruption or restriction be necessary, we will notify you of the type, extent, and length of the impairment if this is possible given all the circumstances, and if this does not delay the essential repair of any current disruption.
2. System interference and breakdown
You are aware that, given the state of technology, it is not possible to make works available for viewing on the Internet entirely free from system failures and interference. As a result, we take no duty for non-accessibility of works due to technical issues with communication networks, security breaches by third parties (e.g., denial of service attacks), or incomplete and/or dated offerings on proxy servers (temporary caches), when such is beyond our control.

6. Modification

(a) Maestro Gallery has complete control over the design, feel, content, operations, and evolution of the Site, and we reserve the right to change the Site and any content at any time.
(b) We reserve the right to change these Terms at any moment without prior notice to you. All prior notices or statements regarding our Terms concerning this Site are superseded by the provisions included below. We recommend that you visit the Site often to review the current Terms and any modifications that may have occurred. By continuing to use the Site after any changes to the Terms, you agree to be bound by the changes.
(c) We reserve the right to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content"), features, and/or hours of availability, at any time and without notice to you, and we will not be liable to you or any third party. We may also, without warning or penalty, establish restrictions and limits on how you use the Site or restrict your access to parts or all of it. We reserve the right, in our sole discretion, to amend these rules and/or limitations at any time.

7. Site Unavailability

In no event shall Maestro Gallery be liable in any way for the interruption of the site, any bugs, all inadequacies, or all omissions in the information available on this site, or any damages resulting from a fraudulent intrusion by a third party having caused a modification of the information.

This site can contain links to other sites. Maestro Gallery is not responsible for the content or the difficulties with accessing these sites.

Maestro Gallery shall not be liable for any damages resulting from the use of the Site, or the inability to use the Site. Maestro Gallery shall not be held liable for any malfunction caused by software programs that may or may not be incorporated into or distributed with the Site.

Maestro Gallery commits to upholding all legal protections to which You may be entitled. We will not be held liable for any violations of legislation specific to the country of delivery because the works shown on our site are compliant with Dutch law. As a result, we encourage You to check the current law in the country of delivery.

All users must agree that:
(a) Temporary interruptions in the Site's availability may occur as a result of normal events from time to time.
(b) The Site or any portion of the Site may be unavailable at any time and for any reason.

7. Site Unavailability

In no event shall Maestro Gallery be liable in any way for the interruption of the site, any bugs, all inadequacies, or all omissions in the information available on this site, or any damages resulting from a fraudulent intrusion by a third party having caused a modification of the information.

This site can contain links to other sites. Maestro Gallery is not responsible for the content or the difficulties with accessing these sites.

Maestro Gallery shall not be liable for any damages resulting from the use of the Site, or the inability to use the Site. Maestro Gallery shall not be held liable for any malfunction caused by software programs that may or may not be incorporated into or distributed with the Site.

Maestro Gallery commits to upholding all legal protections to which You may be entitled. We will not be held liable for any violations of legislation specific to the country of delivery because the works shown on our site are compliant with Dutch law. As a result, we encourage You to check the current law in the country of delivery.

All users must agree that:
(a) Temporary interruptions in the Site's availability may occur as a result of normal events from time to time.
(b) The Site or any portion of the Site may be unavailable at any time and for any reason.

8. Prohibited Use

Individuals who use Maestro Gallery's authorized services may only use the Site for legitimate reasons. Maestro Gallery expressly forbids the use of the Site for any of the following purposes, and all Buyers must agree not to use the Site for any of the following:
1. Impersonating another person;
2. Constituting or inciting conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
3. Posting copyrighted or otherwise held by a third party material unless you hold the copyright or have the owner's permission to post it;
4. Submitting material that violates another person's intellectual property, privacy, or publicity rights;
5. Attempting to disrupt the Site's or Maestro Gallery's networks or network security in any way or using the Site to gain unauthorized access to any other computer system.

9. Security Rules

Violations of system or network security may result in civil or criminal liability. Maestro Gallery will investigate occurrences and may involve law enforcement authorities, and cooperate with them, in prosecuting the Buyer or Buyers. Buyers are prohibited from violating or attempting to violate the Site's security, which includes, but is not limited to, the following:
1. Accessing data not intended for you or logging into a server or account which you are not authorized to access;
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any Buyer, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

10. Termination of Use

Maestro Gallery explicitly reserves the right, in its sole discretion, to terminate or refuse to permit the use of the Site by any person or entity, for any reason or no reason at all, and without prior notice. Any rights or responsibilities you have regarding pending or completed transactions, as well as any indemnity obligations relating to your use of the Site, will survive termination.

11. Limitation of Liability

In no event shall Maestro Gallery its affiliates, or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, and representatives be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use, the Site or the content, materials, and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Maestro Gallery or its representative or such individual has been advised of the possibility of such damages.

12. Relationship of the Parties

(a) Maestro Gallery is responsible for accurately describing and pricing the Artworks it offers for sale and for delivering the Artworks, including transfer of title and shipping, excluding VAT and import/export duties to the appropriate authority outside of the EU.
(b) In agreement with the artist or collector, Maestro Gallery is responsible for determining the value, condition, and authenticity of the artworks being purchased and for paying the purchase price to the collector or artist, excluding any shipping costs or import/export duties.

13. Billing

Our Payment Module and payments are handled by Mollie. Mollie enables our customers to use different Payment Methods. The various Payment Methods have different characteristics, risks, and conditions, including cost structure, payment term, manner of making payment, and options for Customers to dispute payments or request refunds.

14. Services Guarantee

(a) In the event of a defect, we shall be entitled to make a new delivery or repair the issue at our discretion and within a reasonable time. If the attempt to deliver the restored artwork is unsuccessful, you will have the option to either cancel the contract or demand a reasonable price reduction.
(b) For our Photography Art Market works and Limited Edition Photography we use a variety of papers, dyes, chemicals, and other materials in our outsourced manufacturing processes that may show minor changes over time, like other dyes. These changes may differ from one production batch to the next. Disparities in product characteristics shall not be grounds for a defect.

15. Return Policy

Our Limited Edition Photography, Private Collection, Paintings, and Sculptures come with a 14-day refund policy if you are not completely satisfied. You can get in touch with us at info@maestro-gallery.com.

* IMPORTANT *
Our Photography Art Market works are excluded from the return policy. A return policy under Article 6:230o BW (right of revocation and return) (Dutch Civil Code) is excluded, as the works are produced in accordance with your own individual specifications and are personalized (Article 6:230p BW). Our Photography Art is made-to-order (MTO), or custom-made, meaning each print is unique and tailored to your specifications. MTO minimizes waste by manufacturing products based on custom orders in the quantities specified. We take pride in our ability to produce products in a manner that minimizes waste.

Refunds for our Limited Edtion Photography, Private Collection, Paintings, and Sculptures can only be processed for artworks that are returned in perfect condition. The item must be in the same condition that you received it, which means unworn or unused, in its original packaging including all protective material, and with all accompanying documentation, such as the receipt or proof of purchase, the Certificate of Authenticity, and any other items in the package or box. In the unlikely event that you would not be satisfied with your product, simply contact customer service within 14 days of receiving your order by emailing: info@maestro-gallery.com with:  
• Your name
• A short explanation
• Your order number
• At least two clear pictures of the package or box.

Including these things will help us to resolve things quickly. Please allow 1-2 business days for our team to be in touch with you. We will be glad to arrange a refund, repair, or replacement as necessary. In addition, you will not be eligible to claim if you were aware of the reason for your claim before your purchase. Upon your request, we arrange a door-to-door collection for all returns, which will be coordinated directly with you. We will provide a tracking number. If you book your own courier your order will not be tracked by our system, which could mean that you will not be eligible for a refund.

We'll handle your return after we've received the artwork in good condition. Return items will be refunded within 14 days of their arrival at our warehouse. All refunds will be issued to the original payment method, and they may take up to 10 days to appear in your account.

The cost of the artwork will be reimbursed to you, minus a handling charge. The precise quantity depends on your height, weight, and location. No VAT or import fees will be refunded by Maestro Gallery. You may be eligible to reclaim these expenses from your local tax authorities in some situations.

We cannot provide exchanges or refunds due to damages caused by customer handling, storage, or treatment.

In the unlikely event that the material needed for the production of your order is unavailable we will contact you immediately and, if possible, give an approximate delivery date or suggest alternate product options.

16. Personal Data

All information can be found in our Privacy policy, available at: https://www.maestro-gallery.com/privacy-policy/

17. Transfer of Data

All information can be found in our Privacy policy

18. Duration of The General Terms and Conditions

Maestro Gallery is bound by the following General Terms and Conditions throughout the term of the contractual relationship. The policy will also apply to all future transactions and business dealings, without requiring a renewed confirmation in each case, until they are amended, or the contractual relationship ends by deleting the user's data.

19. Amend of The General Terms and Conditions

We reserve the right to change the General Terms and Conditions at any time and without notice. In such a case, we will explicitly notify you of the amended General Terms and Conditions on our website. Your agreement will be required before any amendments are to take effect.

20. Jurisdiction

The present conditions are governed by Dutch law. If a dispute arises out of the present contract, the User and Maestro Gallery commit to try to reach an amicable solution before taking any judicial action.

Updated April 6th, 2022