Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Paul is a highly experienced, creative and tenacious litigator
paul.russell@russell.nl +31 20 301 55 55Do you sell art to consumers via a webshop? Keep in mind that strict rules are in place for this. What are the requirements you have to fulfil as an online art dealer?
When you sell artworks to consumers via the Internet, the rules differ from those for the physical sale in, for instance, an art gallery. For purchases and sales via the Internet, also known as distance selling, the consumer enjoys extra protection since 2014. Thus, the buyer has more rights, the seller more obligations and the sanctions for non-compliance with these obligations are harder.
As an art seller (gallery, auction house, art dealer) you have to provide all sorts of information on your website regarding the artworks you are selling and the conditions under which they are sold. You have to inform the consumer about the following, for instance:
After the consumer has placed the order and paid the artwork, you have to deliver the artwork within 30 days, unless you have agreed upon a different period with the consumer.
If there are any problems with the delivery (for instance, the artwork is damaged or stolen) it will be at your risk. The risk will be transferred to the buyer once he has received the artwork.
From the time the consumer has received the artwork, he will have 14 days to consider whether he is satisfied. This reflection period is also known as approval period. Within the approval period, the buyer can return the product without having to give reasons. You will then have to pay back the purchase price to the buyer as soon as possible but at least within 30 days.
The right of withdrawal must be stated on the website. If you do not inform the consumer about the right of withdrawal, the period within which he can exercise this right will be extended by a maximum of 12 months.
Do you need legal advice regarding distance selling? Or would you like us to check whether your online store meets all legal requirements? We are more than willing to assist you. We can also assist you drawing up General Terms and Conditions for online sales to consumers. Please contact:
Does your auction house provide online art auctions? Is art being auctioned to consumers via your website? In this event your online auction platform has to meet strict requirements. What are they?
Expedited liquidation is a quick way to terminate a legal entity. However, the scheme was also abused, disadvantaging creditors. A new law should prevent this. What requirements does an expedited liquidation have to meet from now on? And what options do creditors have to collect their claims?
In his interview on “Hidden Gems – Treasured artwork adds to allure of Netherlands”, Reinier Russell talks about how artworks still reflect the spirit of the Golden Age and where they can be found.
Entrepreneurs may have various reasons for ending their businesses. Expected profits may be disappointing, retirement may be approaching or a partnership (joint venture) may be ending. What should entrepreneurs bear in mind when terminating a business?
A new EU regulation requires anyone wishing to import cultural goods into the EU to have an import license or submit an importer’s declaration. When is which type of document required? How does it affect art dealers, galleries, auction houses and collectors, both inside and outside the EU?
In principle, the enforcement of foreign judgments is a national matter. But what if a dispute has already been dealt with by a foreign court? Can such a foreign judgment be enforced in the Netherlands or not?
