General terms and conditions

(The original Dutch text will be binding and shall prevail in case of any variance between the Dutch text and the English translation)

These terms and conditions apply to everything related to the purchase and sale and use of the websites, including but not limited to quotes, order confirmations, sales and deliveries of products and services of Cristy Leonard Art unless explicitly stated otherwise in a written agreement.

Article 1. Definitions

Buyer/Consumer: the natural or legal person with whom Cristy Leonard Art enters into an agreement for the delivery of products and/or services by Cristy Leonard Art. The visit to the website is seen as a free service from Cristy Leonard Art to the buyer. Agreement: the agreement between Cristy Leonard Art and buyer/consumer. Cristy Leonard Art is a trade name of SportstarZ.

Article 2. Applicability

By using this website and/or accepting a purchase of Cristy Leonard Art, you declare that you are aware of and agree to these terms and conditions of delivery.

Article 3. Offer and acceptance

All quotations, offers, quotations and similar communications (hereinafter referred to as quotations) by Cristy Leonard Art are, unless expressly agreed otherwise, in principle entirely without obligation. In case of different prices mentioned on other websites, the price mentioned on the websites of Cristy Leonard Art is the correct one. All information on our websites is subject to change and can be modified by Cristy Leonard Art if it turns out that they are not correct or that it can be expected that they are not correct, customer can not derive any rights from this. Specified sizes may vary slightly. Colours are always different! It is impossible to reproduce the colours digitally correctly. Cristy Leonard Art has the right not to deliver a product offered on its website if it appears that during the ordering of this product by the buyer the product in question has been sold by other means, appears to be damaged, or has been lost or cannot deliver due to force majeure. Any payment made by the buyer will be refunded immediately by Cristy Leonard Art. Changes to the originally concluded agreement between the Buyer and Cristy Leonard Art are only valid from the moment these changes are accepted by both parties in writing (including Email) by means of an additional or amended agreement. A compound quotation does not oblige Cristy Leonard Art to carry out part of the order for a corresponding part of the quoted price. Offers or quotations are in principle one-off and do not automatically apply to future orders. A discount granted based on a combined delivery expires if part of the delivery is returned. See also Exchanges -Returns

Article 4. Modification and cancellation

An order by the buyer is deemed to be cancelled if it has not been paid within 8 days. Cancellations of agreements for the provision of services with an indefinite term can only be made in writing, both by the buyer and by Cristy Leonard Art, provided that the order is already in production and/or has already been shipped. Changes to the order shall not give rise to the charging of a lower amount than agreed. Changes to an order already issued may result in the originally agreed target date for delivery being exceeded. Cristy Leonard Art will, however, cooperate with these changes within the bounds of reasonableness, if the content of the performance to be performed by Cristy Leonard Art does not deviate substantially from the originally agreed performance and the order has not yet been sent.

Article 5. Execution of an agreement

Cristy Leonard Art will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. If and to the extent required for the proper execution of the agreement, Cristy Leonard Art has the right to have certain activities performed by third parties. The Buyer shall ensure that all information, which Cristy Leonard Art indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the agreement, is provided to Cristy Leonard Art in a timely manner. If the information necessary for the execution of the agreement has not been provided to Cristy Leonard Art in a timely manner, Cristy Leonard Art has the right to suspend the execution of the agreement and/or to charge the buyer for the additional costs resulting from the delay at the usual rates. Cristy Leonard Art is entitled to make deliveries in parts. Changes to the original agreement, of whatever nature, made in writing or verbally by or on behalf of the buyer, which cause higher costs than could have been counted on at the time of the quotation and/or order confirmation, will be charged extra to the buyer. The Buyer indemnifies Cristy Leonard Art against any claims of third parties, who suffer damages in connection with the execution of the agreement and which are attributable to the Buyer.

Incorrect data

If the buyer enters incorrect information during the ordering process, the resending (and any damage) will be borne by the customer.

Track & Trace

If the buyer has received a track & trace code for the shipped item and the buyer is not at home, the item will be automatically returned to Cristy Leonard Art.

Article 6. Duration and termination

The delivery period commences as soon as the order confirmation has been sent and, moreover, all information that Cristy Leonard Art deems necessary has been provided by the Buyer. Exceeding the delivery time shall never release the buyer from his/her obligations under the agreement, nor shall it entitle the buyer to dissolve the agreement and/or claim damages. Cristy Leonard Art has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if the buyer does not, improperly or incompletely comply with the agreement(s) concluded with Cristy Leonard Art including the associated delivery conditions. Cristy Leonard Art has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if the buyer is declared bankrupt, has applied for or obtained suspension of payments or has otherwise lost the free management of his assets. The buyer is then not entitled to any compensation.

Article 7. Delivery and delivery time

A term of delivery specified by Cristy Leonard Art shall, unless it is expressly stated in writing that it concerns a deadline, be indicative only. Cristy Leonard Art shall only be in default, even in the case of an agreed deadline, after the buyer has given notice of default in writing by registered mail. In the execution of the agreement by Cristy Leonard Art, the buyer is obliged to do all that is reasonably necessary or desirable to enable a timely delivery by Cristy Leonard Art. In the event the buyer fails to comply with the provisions of the previous paragraph of this article, an agreed deadline for delivery is no longer binding and the buyer is in default without written notice of default by Cristy Leonard Art being required. Cristy Leonard Art shall then, without prejudice to its rights under the law, be entitled to suspend performance of the agreement until the buyer has remedied this default. Thereafter, Cristy Leonard Art will execute the agreement within a reasonable period of time. The amounts mentioned for shipping always include insurance. If the buyer discovers damage to the product upon delivery, it must refuse the shipment. If the product turns out to be damaged, any amounts paid by the buyer will be refunded within a reasonable period of time. After obtaining possession of the product, the buyer is obliged to immediately establish that the correct product has been delivered and to check it for damage. Any complaints must be reported to Cristy Leonard Art in writing, within 7 calendar days after delivery at the latest. Cristy Leonard Art is at all times entitled to substitute a new proper performance for a previous faulty performance, unless the default cannot be remedied. The performance of the agreement between the parties is deemed to be sound if the buyer has failed to carry out the examination or the notification referred to in paragraph 4 of this article on time. Deviations caused by the use of common Internet techniques or caused by Internet restrictions, such as but not limited to deviations in the colour reproduction on the screen, are not a valid reason for dissolution of the contract.

Article 8. Force majeure

Malfunctions in the company as a result of force majeure, (will be considered as such, among other things: Printer malfunctions, mobilisation, riots, floods, closed shipping and other blockages in transport, stagnation in or restriction or cessation of deliveries by public utilities or other energy or data communication companies, the occurrence of hitherto unknown viruses, lack of fuel, fire, machine breakdowns and other accidents, strikes, lockouts, action by employees’ organisations, making production impossible, government measures, non-delivery of necessary materials and semi-finished products to Cristy Leonard Art by third parties, delivery of products to Cristy Leonard Art by suppliers who are not entitled to do so, and other unforeseen circumstances disrupting the normal course of business and delaying or rendering the execution of an order reasonably impossible) releases Cristy Leonard Art from the fulfilment of the agreed term or the execution obligation, without the buyer being able to assert any right or compensation of costs, damages or interest on that account. In case of force majeure, Cristy Leonard Art will immediately notify the buyer thereof.

Article 9. Prices, rates, costs

All inclusive prices are exclusive of any costs of (insured) transport and other government-imposed levies and inclusive of VAT, unless explicitly stated otherwise. The price quoted by Cristy Leonard Art for the product or the performance to be performed by Cristy Leonard Art applies exclusively to that product or the performance in accordance with the agreed specifications. All costs necessary for the execution of the order and specifically incurred by Cristy Leonard Art in the context of the order in accordance with the agreement will be charged separately in addition to the agreed price. Cristy Leonard Art is entitled to increase the agreed price if one or more of the following circumstances arise after the conclusion of the agreement: increase in the costs of services necessary for the execution of the agreement, introduction of new and increase of existing government levies on products and services, a significant change in exchange rates or, in general, circumstances comparable to these.

Article 10. Payment

Unless otherwise agreed in writing, all deliveries must be paid for in advance by bank transfer. In the event of late payment of invoices, Cristy Leonard Art reserves the right to temporarily suspend any work in progress or services provided, until the amounts due have been received. From the moment that the buyer exceeds the payment term, he/she shall be in default without a notice of default to that effect. If the payment term has been exceeded, Cristy Leonard Art will send a payment reminder. After this, administration costs, i.e. € 15,- will be charged to the buyer. If the buyer has not fulfilled his obligations within 42 days, from this moment on the buyer will owe the statutory interest plus extrajudicial collection costs on the outstanding invoice amount, calculated according to the (staggered) collection rate advised by the Dutch Bar Association. Should the invoiced amount be incorrect in the eyes of the buyer, he/she must inform Cristy Leonard Art immediately, but at the latest within 8 days after invoicing. The latter will examine this claim and, if necessary, send a new invoice, which must be paid within 8 days of dispatch.

Article 11. Copyright

No one is permitted to change, repeat or multiply the execution of a work of art, even if it concerns only part of the work of art, without the express written permission of Cristy Leonard Art. In the event of apparent violation of the said property, Cristy Leonard Art is entitled to charge a self-determined but reasonable compensation.

Article 12. Complaints and liability

Art is unique. The buyer is therefore obliged to examine the work of art (or have it examined) for visible defects at the time of sale. In doing so, the buyer should examine whether the quality and quantity of the work of art corresponds to what has been agreed, or at least meets the requirements that apply to it in normal (commercial) traffic. The risk of loss of or damage to the product shall pass to the buyer at the moment at which it is legally and/or factually delivered to the buyer and thus placed under the control of the buyer or of a third party to be designated by the buyer. After delivery, the buyer has the opportunity to report clearly described defects to the delivered products to Cristy Leonard Art in writing for 8 calendar days, after which Cristy Leonard Art will try to remedy these defects. If no defects are reported to Cristy Leonard Art within the aforementioned period, any possibility of complaint will lapse. Incorrect information provided by the buyer which leads to defects in the delivered goods is explicitly not understood as “defects”. Complaints as referred to in the previous paragraph are only possible insofar as the buyer has not edited or altered the delivered goods or has given them to third parties for use. Cristy Leonard Art cannot be held liable if damage to a work of art is caused due to intent and/or gross negligence and/or culpable actions, or injudicious or improper use of the work of art by the buyer. The liability of Cristy Leonard Art by virtue of any agreed delivery is at all times limited to the amount involved in the order. Also in the event of consequential damage or damage from third parties. Cristy Leonard Art is enabled to do a good job within a reasonable period of time for faulty work. Cristy Leonard Art is not liable for the consequences of errors in instructions, information or materials provided by the Buyer. If Cristy Leonard Art is held liable by a third party in respect of any damage for which it is not liable by virtue of the agreement with the buyer or these terms and conditions of delivery, the buyer shall fully indemnify Cristy Leonard Art in this respect and compensate Cristy Leonard Art for everything it has to pay to this third party. Damage to the artwork must therefore be reported before confirming the artwork.

To the extent that Cristy Leonard Art in its activities depends on the cooperation, services, deliveries, warranties and declarations of third parties on which Cristy Leonard Art has little or no influence, Cristy Leonard Art can in no way be held liable for any damage whatsoever arising from these relationships with Cristy Leonard Art or the termination thereof, regardless of whether this damage arises or becomes visible during the relationship with Cristy Leonard Art. In the event of attributable failure to comply with the agreement, Cristy Leonard Art shall only be liable for replacement damages up to the invoice amount. Any liability of Cristy Leonard Art for any other form of damage is excluded, including compensation for indirect damage, consequential damage or damage due to loss of turnover or profit. The buyer should take into account that information sent via the internet can be tapped by third parties. Cristy Leonard Art cannot be held liable for damages of any kind caused by sending confidential or secret information. The buyer must inform Cristy Leonard Art immediately in writing of any changes in buyer details, including a change of address. If the buyer fails to do so, the latter is fully liable for any damage caused by this and suffered by Cristy Leonard Art.

Art 13. Returns

Products that you purchase from Cristy Leonard art via the website are made to measure according to the specification you enter. The right of withdrawal therefore does not apply. The sale is final after successful payment.

Article 14. Dispute resolution and applicable law

If one or more articles of these terms and conditions are declared invalid by court order, other provisions of these general terms and conditions will remain in full force and Cristy Leonard Art and Buyer will consult with each other in order to agree on new provisions to replace the invalid or voided provisions, taking into account as much as possible the purpose and purport of the invalid or voided provisions. All correspondence, offers and agreements made under these terms and conditions shall be governed exclusively by Dutch law.

Article 15. Amendment of the general terms and conditions of delivery

Cristy Leonard Art reserves the right to amend or supplement these general terms and conditions of delivery. With these conditions, all previous copies are cancelled. These conditions are also published on the website www.cristyleonard.com

Article 16. Intellectual property law

If we discover misuse of the use of our websites and/or our trade names/products/sites/photos/links/names/texts/systems/intellectual property rights: We will take immediate legal action.