Terms & Conditions

Curated Objects
Email: hello@thecuratedobjects.com
Website: www.thecuratedobjects.com

 

 

Article 1 — Definitions

  1. Curated Objects: Curated Objects, established in Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 99423472.
  2. Customer: the person or legal entity with whom Curated Objects enters into an agreement.
  3. Parties: Curated Objects and the Customer together.
  4. Consumer: a Customer who is a natural person acting for purposes outside their trade, business, craft or profession.

 

 

Article 2 — Applicability

 

  1. These Terms & Conditions apply to all quotations, offers, orders, agreements, services, products and deliveries by or on behalf of Curated Objects.
  2. Curated Objects and the Customer may only deviate from these Terms & Conditions if this has been agreed in writing.
  3. The applicability of any general terms and conditions of the Customer or any third party is expressly excluded.

 

 

Article 3 — Offers and Quotations

  1. All offers and quotations made by Curated Objects are without obligation, unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum period of 14 days, unless another period is stated in the offer or quotation.
  3. If the Customer does not accept the offer or quotation within the applicable period, the offer or quotation will lapse.
  4. Offers and quotations do not automatically apply to repeat orders, unless Curated Objects and the Customer agree otherwise in writing.

 

 

Article 4 — Acceptance

  1. If the Customer accepts a non-binding offer or quotation, Curated Objects may withdraw that offer or quotation within 3 days after receiving the acceptance, without the Customer being able to derive any rights from such acceptance.
  2. Verbal acceptance by the Customer only binds Curated Objects once the Customer has confirmed the acceptance in writing or electronically.

 

 

Article 5 — Prices

  1. Curated Objects states its prices in euros. Prices are inclusive of VAT where applicable, and exclude any additional costs such as administrative costs, delivery costs, transport costs, customs duties, import taxes or other charges. Most items sold by Curated Objects are second-hand, vintage or antique goods and may be subject to the Dutch VAT margin scheme. Where the margin scheme applies, VAT will not be shown separately on the invoice, unless expressly stated otherwise.
  2. International orders are shipped DAP — Delivered at Place — unless expressly agreed or stated otherwise in writing. This means that the Customer is responsible for any customs duties, import taxes, VAT, handling fees, clearance charges or other costs due upon import in the destination country. These costs are not included in the product price or shipping price, unless expressly stated otherwise.
  3. Curated Objects may change the prices of its products and services on its website and in other communications at any time.
  4. For services, Curated Objects and the Customer may agree on an estimated total price, unless agreed otherwise in writing.
  5. Curated Objects may deviate from an estimated price by up to 10%.
  6. If the final price is expected to exceed the estimated price by more than 10%, Curated Objects will inform the Customer in good time and explain why the higher price is justified.
  7. If the final price is expected to exceed the estimated price by more than 10%, the Customer may cancel the part of the assignment that exceeds the estimated price plus 10%.
  8. Curated Objects will inform the Customer of price adjustments before they take effect, where applicable.
  9. A Consumer may cancel the agreement if they do not agree with a price increase, unless the increase results from statutory charges, taxes, delivery costs or other costs that were clearly communicated in advance.

 

 

Article 6 — Payments and Payment Terms

  1. Curated Objects may require a deposit of up to 50% of the agreed amount when entering into an agreement.
  2. If payment after delivery has been agreed, the Customer must pay within 14 days after delivery, unless agreed otherwise in writing.
  3. Payment terms used by Curated Objects are final deadlines. If the Customer has not paid the agreed amount by the last day of the payment term, the Customer will automatically be in default, without Curated Objects being required to send a reminder or notice of default.
  4. Curated Objects may make delivery conditional upon immediate payment or may require security for the full amount of the products or services.

 

 

Article 7 — Consequences of Late Payment

  1. If the Customer does not pay within the agreed term, Curated Objects may charge statutory interest from the day the Customer is in default.
  2. If the Customer is in default, the Customer must also pay extrajudicial collection costs and any damages owed to Curated Objects.
  3. Collection costs are calculated in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs.
  4. If the Customer does not pay on time, Curated Objects may suspend its obligations until payment has been made.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the Customer, all claims of Curated Objects against the Customer become immediately due and payable.
  6. If the Customer refuses to cooperate with the performance of the agreement, the Customer remains obliged to pay the agreed price.

 

 

Article 8 — Right of Reclamation and Right of Withdrawal

Right of reclamation

  1. If the Customer is in default, Curated Objects may invoke its right of reclamation in respect of unpaid products delivered to the Customer.
  2. Curated Objects invokes this right by notifying the Customer in writing or electronically.
  3. Once the Customer has been informed that Curated Objects is invoking its right of reclamation, the Customer must immediately return the relevant products to Curated Objects, unless agreed otherwise in writing.
  4. The Customer is responsible for the costs of collecting or returning the products referred to in this article.

 

 

Consumer right of withdrawal

  1. Customers within the European Union may withdraw from an online purchase within 14 days without giving any reason, unless a statutory exception applies. This withdrawal period starts on the day after the Customer, or a third party designated by the Customer, has received the final product or final part of the order.
  2. For international orders outside the European Union, Curated Objects offers a voluntary 7-day return period, unless expressly agreed or stated otherwise in writing or unless mandatory local law provides otherwise. This return period starts on the day after the Customer, or a third party designated by the Customer, has received the final product or final part of the order.
  3. The Customer may exercise the applicable right of withdrawal or voluntary return request by sending an email to hello@thecuratedobjects.com within the applicable return period.
  4. For orders within the European Union, the product must be returned to Curated Objects within 14 days after notifying Curated Objects of the withdrawal.
  5. For international orders outside the European Union, the product must be returned to Curated Objects within 7 days after Curated Objects has approved the return request, unless agreed otherwise in writing.
  6. If the Customer does not notify Curated Objects and return the product within the applicable return period, the right of withdrawal or voluntary return approval may lapse, unless agreed otherwise in writing or unless mandatory law provides otherwise.
  7. The right of withdrawal applies only if:
    • the product is returned in the same condition as at the moment of purchase, allowing for inspection as would be permitted in a physical shop;
    • any decrease in value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the product may be charged to the Consumer;
    • the product was not made to measure or specially adapted for the Consumer;
    • the Consumer has not expressly waived the right of withdrawal where this is legally permitted;
    • the agreement does not concern a service that has been fully performed within the withdrawal period with the Consumer’s prior express consent and acknowledgement that the right of withdrawal would be lost.

 

 

Article 9 — Refund of Delivery Costs

  1. For orders within the European Union, if the Customer validly withdraws from the purchase in time and returns the complete order in time, Curated Objects will refund the original standard delivery costs paid by the Customer within 14 days after receiving the complete returned order, where required by law.
  2. For international orders outside the European Union, original delivery costs, international shipping costs, customs duties, import VAT, local taxes, clearance fees, handling fees, brokerage fees and any other import-related or transport-related costs are non-refundable, unless expressly agreed otherwise in writing or unless mandatory law provides otherwise.
  3. Additional delivery costs, such as express delivery, special handling, white-glove delivery, custom shipping arrangements, furniture transport, crating or other upgraded delivery services, will only be refunded to the extent required by law or expressly agreed otherwise in writing.
  4. Delivery costs will only be refunded if the complete order is returned.

 

 

Article 10 — Return Costs

  1. If the Consumer exercises the right of withdrawal and returns the order, the direct costs of returning the product are borne by the Consumer, unless Curated Objects has agreed otherwise in writing.
  2. For returns from outside the European Union, the Customer is responsible for all return-related customs duties, import taxes, export charges, customs documentation, handling fees, clearance fees, brokerage fees and any other costs charged by customs authorities or carriers, unless expressly agreed otherwise in writing.
  3. The Consumer is responsible for ensuring that the product is returned safely, carefully packed and, where appropriate, insured.
  4. For furniture, fragile items, vintage design objects or other large or delicate items, the Consumer is responsible for arranging suitable return transport, unless agreed otherwise in writing.

 

 

Article 11 — Right of Suspension

  1. Unless the Customer is a Consumer, the Customer waives the right to suspend the performance of any obligation arising from the agreement.

 

 

Article 12 — Right of Retention

  1. Curated Objects may exercise its right of retention and keep products belonging to the Customer until the Customer has paid all outstanding amounts owed to Curated Objects, unless the Customer has provided sufficient security for those amounts.
  2. The right of retention also applies to previous agreements under which the Customer still owes money to Curated Objects.
  3. Curated Objects is not liable for any damage suffered by the Customer as a result of Curated Objects exercising its right of retention.

 

 

Article 13 — Set-Off

  1. Unless the Customer is a Consumer, the Customer waives the right to set off any debt owed to Curated Objects against any claim the Customer may have against Curated Objects.

 

 

Article 14 — Retention of Title

  1. Curated Objects remains the owner of all products delivered until the Customer has paid all outstanding invoices relating to the underlying agreement, including any claims arising from failure to perform the agreement.
  2. Until ownership has passed to the Customer, Curated Objects may invoke its retention of title and reclaim the products.
  3. Before ownership has passed to the Customer, the Customer may not pledge, sell, transfer, dispose of or otherwise encumber the products.
  4. If Curated Objects invokes its retention of title, the agreement may be dissolved and Curated Objects may claim damages, lost profit and interest from the Customer.

 

 

Article 15 — Delivery

  1. Delivery is subject to availability.
  2. Delivery takes place at Curated Objects, unless agreed otherwise.
  3. Products ordered online will be delivered to the address provided by the Customer.
  4. If the Customer does not pay the agreed amounts, or does not pay them on time, Curated Objects may suspend its obligations until payment has been made.
  5. In the event of late payment, the Customer cannot rely on delayed delivery against Curated Objects.

 

 

Article 16 — Delivery Time

  1. Delivery times stated by Curated Objects are indicative. If delivery takes place later than indicated, the Customer cannot derive any rights from this, unless agreed otherwise in writing.
  2. The delivery time starts once Curated Objects has confirmed the Customer’s accepted quotation in writing or electronically.
  3. The Customer is not entitled to compensation and may not cancel the agreement solely because Curated Objects delivers later than indicated, unless cancellation has been agreed in writing or Curated Objects fails to deliver within 14 days after receiving a written notice of default, or unless the Parties have agreed otherwise.

 

 

Article 17 — Actual Delivery

  1. The Customer must ensure that actual delivery of the ordered products can take place on time.
  2. The Customer is responsible for providing correct delivery details and for ensuring that the delivery location is accessible for the agreed delivery method.

 

 

Article 18 — Transport Costs

  1. The Customer is responsible for transport costs, unless Curated Objects and the Customer agree otherwise in writing.
  2. For large, fragile or high-value vintage furniture and objects, shipping costs may need to be quoted separately.
  3. If the Customer chooses “request a shipping quote” or a similar option, the shipping costs are not included in the product price unless expressly stated otherwise. Shipping costs may be invoiced and paid separately after the order has been placed and the quote has been confirmed.
  4. Unless expressly agreed or stated otherwise in writing, all international orders are shipped under DAP — Delivered at Place — terms.
  5. Under DAP terms, Curated Objects is responsible for arranging transport to the agreed delivery address, while the Customer is responsible for all import-related costs, including but not limited to customs duties, import VAT, local taxes, customs clearance fees, handling fees and any other charges applied by the destination country or carrier.
  6. The Customer is responsible for providing any information required for customs clearance. Delays caused by customs procedures, missing information, unpaid import charges or other import-related matters are outside the control of Curated Objects.

 

 

Article 19 — Packaging and Shipping

  1. If the packaging of a delivered product is opened or damaged upon arrival, the Customer must ask the carrier to record this before accepting the product and must report the damage to Curated Objects within 24 hours by email at hello@thecuratedobjects.com. If the Customer fails to do so, Curated Objects may not be held liable for any resulting damage, to the extent permitted by law.
  2. If the Customer arranges the transport of a product themselves, the Customer must report any visible damage to the products or packaging to Curated Objects before transport takes place. If the Customer fails to do so, Curated Objects may not be held liable for any resulting damage, to the extent permitted by law.
  3. The Customer must keep all original packaging materials and provide clear photographs of the packaging and product if damage is reported.
  4. For international shipments, the Customer is responsible for complying with the import rules of the destination country and for paying any import duties, taxes or clearance costs due upon arrival, unless expressly agreed or stated otherwise in writing.

 

 

Article 20 — Insurance

  1. The Customer must adequately insure and keep insured, where applicable, the following items against risks including fire, explosion, water damage and theft:
    • delivered items that are necessary for the performance of the underlying agreement;
    • items belonging to Curated Objects that are in the Customer’s possession;
    • items delivered under retention of title.
  2. At the request of Curated Objects, the Customer must provide the relevant insurance policy for inspection.

 

 

Article 21 — Storage

  1. If the Customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality or damage caused by delayed collection or delivery is borne by the Customer.
  2. Any additional costs resulting from early or delayed collection, delivery or acceptance of products are borne by the Customer.

 

 

Article 22 — Cancellation of Assignment

  1. The Customer may terminate an assignment given to Curated Objects at any time.
  2. If the Customer cancels the assignment, the Customer must pay the fees due and any costs already incurred by Curated Objects.

 

 

Article 23 — Duty to Complain

  1. The Customer must report complaints about work performed by Curated Objects directly and in writing.
  2. The complaint must contain as detailed a description as possible of the alleged shortcoming, so that Curated Objects can respond appropriately.
  3. A complaint does not oblige Curated Objects to perform work other than what was agreed.

 

 

 

Article 24 — Warranty and Condition of Vintage Goods

  1. If the Customer and Curated Objects have entered into an agreement for services, Curated Objects has a best-efforts obligation and not an obligation to achieve a specific result.
  2. Curated Objects sells vintage, antique, pre-owned and/or used goods. These products may show signs of age, use, wear, patina, restoration, repair or other imperfections consistent with their age and previous use.
  3. Curated Objects does not provide any additional commercial warranty on used goods, unless expressly agreed in writing. This does not affect any statutory rights that a Consumer may have under applicable consumer law.
  4. Any issue or shortcoming that arises within 14 days after receipt should be reported to Curated Objects as soon as possible, so that the Parties can seek a suitable solution where appropriate.
  5. Any warranty or remedy does not apply in the following cases, to the extent permitted by law:
    • normal wear and tear;
    • damage caused by accidents;
    • damage caused by changes made to the product;
    • damage caused by negligence, misuse, incorrect handling or improper use by the Customer;
    • damage caused by unsuitable placement, storage, cleaning, maintenance or transport arranged by the Customer;
    • situations where the cause of the defect cannot be clearly established.
  6. The risk of loss, damage or theft of products delivered by Curated Objects passes to the Customer when the products are legally or physically delivered to the Customer, or to a third party designated by the Customer to receive the products, unless mandatory law provides otherwise.

 

 

Article 25 — Exchanges

  1. The Customer may exchange a purchased item only if Curated Objects agrees to this in writing.
  2. If an exchange is accepted, the following conditions apply:
    • the exchange takes place within 14 days after purchase;
    • the Customer can provide the original invoice;
    • the product is returned in the same condition and, where applicable, in the original packaging.
  3. Discounted products, perishable products, made-to-measure products and products specially adapted for the Customer cannot be exchanged.
  4. This article does not affect the statutory right of withdrawal for Consumers where applicable.

 

 

Article 26 — Performance of the Agreement

  1. Curated Objects will perform the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.
  2. Curated Objects may have the agreed services performed in whole or in part by third parties.
  3. Performance of the agreement will take place in consultation with the Customer and after written approval and payment of any required deposit.
  4. The Customer must ensure that Curated Objects can start performing the agreement on time.
  5. If the Customer fails to ensure that Curated Objects can start on time, any resulting additional costs will be borne by the Customer.

 

 

Article 27 — Information Provided by the Customer

  1. The Customer must provide Curated Objects with all information, data and documents relevant to the proper performance of the agreement in a timely manner and in the desired form.
  2. The Customer guarantees the accuracy and completeness of the information, data and documents provided, even if they originate from third parties, unless the nature of the agreement provides otherwise.
  3. If requested by the Customer, Curated Objects will return the relevant documents.
  4. If the Customer does not provide the information, data or documents reasonably required by Curated Objects, or does not provide them on time or properly, and performance of the agreement is delayed as a result, any resulting additional costs and hours will be borne by the Customer.

 

 

Article 28 — Indemnity

  1. The Customer indemnifies Curated Objects against all claims by third parties relating to the products and/or services supplied by Curated Objects, to the extent permitted by law.

 

 

Article 29 — Complaints

  1. The Customer must inspect a product delivered or service provided by Curated Objects as soon as possible for any shortcomings.
  2. If a delivered product or provided service does not meet what the Customer could reasonably expect under the agreement, the Customer must inform Curated Objects within 14 days after discovering the shortcoming.
  3. A Consumer must notify Curated Objects of a shortcoming within a reasonable time after discovering it. A notification within 14 days will in any case be considered timely.
  4. The Customer must provide as detailed a description as possible of the shortcoming, so that Curated Objects can respond appropriately.
  5. The Customer must be able to demonstrate that the complaint relates to an agreement between the Customer and Curated Objects.
  6. If a complaint relates to ongoing work, the Customer cannot require Curated Objects to perform work other than what was agreed.

 

 

Article 30 — Notice of Default

  1. The Customer must notify Curated Objects of any notice of default in writing.
  2. The Customer is responsible for ensuring that the notice of default actually reaches Curated Objects in time.

 

 

Article 31 — Customer Liability

 

  1. If Curated Objects enters into an agreement with several Customers, each of them is jointly and severally liable for the fulfilment of the obligations under that agreement.

 

 

Article 32 — Liability of Curated Objects

  1. Curated Objects is only liable for damage suffered by the Customer if that damage was caused by intent or deliberate recklessness on the part of Curated Objects.
  2. If Curated Objects is liable for damage, such liability is limited to direct damage connected with the performance of the underlying agreement.
  3. Curated Objects is not liable for indirect damage, including consequential damage, loss of profit, loss of revenue or damage suffered by third parties.
  4. If Curated Objects is liable, its liability is limited to the amount paid out under any applicable professional or business liability insurance. If no insurance applies or no amount is paid out, liability is limited to the invoice amount, or the part of the invoice amount to which the liability relates.
  5. All images, photographs, colours, drawings and descriptions on the website, in catalogues or in other communications are indicative. Minor differences in colour, texture, wear, patina, dimensions or appearance do not give the Customer the right to compensation, cancellation or suspension, unless the product materially differs from what was agreed.
  6. Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is not permitted by law.

 

 

Article 33 — Limitation Period

  1. Any right of the Customer to claim compensation from Curated Objects expires 12 months after the event from which the liability directly or indirectly arises, unless mandatory law provides otherwise.
  2. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

 

 

Article 34 — Dissolution

  1. The Customer may dissolve the agreement if Curated Objects imputably fails to fulfil its obligations, unless the shortcoming does not justify dissolution due to its special nature or minor significance.
  2. If performance by Curated Objects is still possible, dissolution may only take place after Curated Objects is in default.
  3. Curated Objects may dissolve the agreement with the Customer if the Customer does not fully or timely fulfil its obligations under the agreement, or if Curated Objects has become aware of circumstances giving it good reason to believe that the Customer will not fulfil its obligations.

 

 

Article 35 — Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a failure by Curated Objects cannot be attributed to Curated Objects if there is a situation of force majeure.
  2. Force majeure includes, but is not limited to:
    • emergencies such as civil war or natural disasters;
    • failure or force majeure of suppliers, carriers, delivery partners or other third parties;
    • power, electricity, internet, computer or telecom failures;
    • computer viruses;
    • strikes;
    • government measures;
    • transport problems;
    • severe weather conditions;
    • work interruptions.
  3. If a force majeure situation prevents Curated Objects from fulfilling one or more obligations towards the Customer, those obligations will be suspended until Curated Objects is able to fulfil them.
  4. If a force majeure situation lasts for at least 30 calendar days, both the Customer and Curated Objects may dissolve the agreement in whole or in part in writing.
  5. Curated Objects is not required to pay compensation to the Customer in a force majeure situation, even if Curated Objects benefits from that situation.

 

 

Article 36 — Amendment of the Agreement

  1. If it becomes necessary to amend an agreement for its proper performance, the Customer and Curated Objects may adjust the agreement by mutual agreement.

 

 

Article 37 — Amendment of Terms & Conditions

  1. Curated Objects may amend these Terms & Conditions.
  2. Minor changes may be made at any time.
  3. Curated Objects will discuss substantial changes with the Customer in advance as much as reasonably possible.
  4. A Consumer may terminate the underlying agreement in the event of a substantial change to these Terms & Conditions, unless the change is required by law or is of minor importance.

 

 

Article 38 — Transfer of Rights

  1. The Customer may not transfer rights under an agreement with Curated Objects to a third party without the prior written consent of Curated Objects.

 

 

Article 39 — Invalidity or Voidability

  1. If one or more provisions of these Terms & Conditions are found to be invalid or voidable, this will not affect the validity of the remaining provisions.
  2. An invalid or voidable provision will be replaced by a valid provision that most closely reflects the purpose Curated Objects had in mind when drafting the original provision.

 

 

Article 40 — Applicable Law and Competent Court

  1. These Terms & Conditions are governed by Dutch law.
  2. The court in the district where Curated Objects has its registered office has exclusive jurisdiction over disputes between the Customer and Curated Objects, unless mandatory law provides otherwise.