Terms and Conditions

TERMS AND CONDITIONS

General
1.1  The website under the name of Famous | Art, Books and Collectibles (hereafter: Famous) as well as related services are activities by Famous, located in Amsterdam and registered at the Amsterdam Chamber of Commerce under number 52496732.

1.2  Famous provides registered users with a a webshop and occasionally an online auction. Here buyers and sellers of modern art in the broadest sense of the word, as well as collectibles, memorabilia, books and vintage items, can purchase items and also put items on offer. Famous or a selected third party will ensure the maintenance and implementation of the transactions generated via the website.

Registration
2.1 In order to buy or sell through Famous both buyers and sellers need to be registered. To legally make any transactions through the Famous infrastructure everybody needs to be at least 18 years of age and legally able to enter into a valid and binding agreement with Famous. When registering entrant must provide accurate information. Byers and sellers declare, by providing their information through the online registration form, to be both acquainted and in agreement with the terms and conditions as depicted here, and that they shall act accordingly.

2.2 After registering users will receive a singular email containing a personal and unique link, through which the registration must be confirmed. Registration is free of charge and without further obligations for both buyers and sellers. Registered users are themselves responsible for the correctness of their registration-data. Users will be expected to keep their information current. Users can make changes to their information through the Your Account section of Famous.

2.3 Users of Famous will keep their password strictly personal. It is not permitted to pass on registration details, among which the password for Famous, to third parties. Users are not permitted to share any information acquired through Famous to third parties or to make said information public. In the event that a user is misusing registration information, such as a password, Famous will deny that user any access to the site, and if applicable issue a damages claim for all damages caused by the misuse of the registration data. Famous is entitled to refuse the issue of passwords, without providing an explanation. Famous is also entitled to withdraw a formerly issued password and to block users that have misused their account.

Privacy
3.1  Famous will at all times work towards respecting and upholding the privacy rules. All data contained in the database will be protected as thoroughly as possible. To uphold this objective, and for the usage of the personal information of the users, Famous has created a Privacy Policy. Here it is clearly described how and with what purpose Famous collects user’s data and how they are used. Famous can provide the information to third parties whenever, for example, there should be a legal requirement to do so.

Auction Procedure
4.1  Auctioning at Famous occurs by bidding during a specific period, set by Famous. Famous works with a ‘first come first serve’ policy, that is to say: if there’s two or more bids of the same amount for the same item the internet server will automatically register the first person to make that bid as the current highest bidder. In principle this works similarly for those who have issued an auto bid for an item and for which two or more bidders have placed the same maximum bid. The item-clock counts down to zero and determines when the bidding ends. Which means that any other time indication (date and/or time) is inferior to the countdown showed next to every item. Famous cannot be held responsible for deflective time indications and/or delays, in for example email-notifications that can be caused by other, non-synchronized time-mechanisms on computers, browsers, servers, networks and/or Internet.

Prices
5.1 The prices of Famous products are indicated in Euros, exclude taxes and exclude any additional shipping and handling costs. Additional taxes may be added to the final amount. Tax percentages are indicated in item information. Please contact Famous should you have any questions regarding taxes.

5.2 In the event of a shipping order towards a country other than The Netherlands the buyer will be deemed the importer of the products concerned. For all the products exported outside of the European Union the total price will be calculated net of taxes automatically on the invoice. Customs duties or other local taxes or import taxes do not concern Famous. They will be payable by the buyer who is also responsible for any declarations and/or payments to the (customs) authorities of their country. We advise you to inform yourself about these aspects through your local authorities before importing items.

5.3 All the orders whatever their origin are payable in Euros.

Confirmation
6.1 By confirming an order or placing a bid on an item on Famous, you fully accept the entirety of these Terms and Conditions without reserve. The data recorded by Famous constitutes the proof of the transactions passed through Famous and its customers. The data recorded by the system of payment constitutes the proof of the financial transactions.

Establishment of purchase
7.1 Famous will solely determine the minimum-selling price of items sold in the webshop or on auction. In the case of items entered by third parties, sellers shall be deemed to provide the minimum-selling price for the item. This involves a sales-offer that is acceptable for buyers, unless the seller stipulates differently.

7.2 In the case that no minimum selling price is indicated, the opening bid will be deemed the minimum selling price. In the case that no opening bid has been made, the minimum selling price will be Euro 1,- (One Euro). Furthermore the seller authorises Famous, by entering items for sale via Famous to accept the bid of the highest bidder in name of the seller, after the auction has closed. After the auction closes Famous will determine what bidder has placed the highest bid, and will point said bidder out as buyer of the item in question. After which a legal contract of sale between the seller and the buyer will be established, be it Famous or a third party seller. The legally relevant results will be placed on the item page one hour after the auction closes.

7.3 In the case several users have placed the highest bid on an item, the first to place said bid will be pointed out as buyer by Famous. Famous will not charge buyers of items on Famous with any fees. All items will be sold in the state in which they are presented at the moment of assignment. Buyers can view items sold through Famous by appointment.

Payment and delivery
8.1 Buyers need to ensure that 5 workdays after a purchase has been made through Famous the payment has been made to Famous. Seller must then ensure the sale is processed within 3 workdays, after being contacted by Famous in the case of third party sales.

8.2 In the event a buyer does not respond in the described and accurate manner, Famous is entitled to cancel the sales contract and to sell the item to the 2nd highest bidder. Famous is at all times entitled to demand compliance of the purchase agreement from buyers. Famous will regularly keep track if buyers and sellers uphold the rules, as stipulated by Famous. Not upholding the stipulated rules can mean Famous will decide to block a user from using Famous.

8.3 All prices on Famous are in Euros, and exclude taxes if applicable. If taxes apply they will be specified on your invoice, alongside possible shipping costs. Also tax percentages will be indicated on item pages. Should you have questions regarding taxes please contact Famous.

8.4 Famous accepts payments by Pay Pal, iDeal, bank transactions and transactions by the following credit cards: CB, VISA, MASTERCARD, AMERICAN EXPRESS, DINERS CLUB, and JCB.

8.5 For all credit card transactions a 2,5% fee is required.

8.6 We may ask further information about your identity in order to secure the payment.

8.7 After a purchase is confirmed or an auction has ended there are two possibilities to acquire your items: they can be picked-up or shipped.

8.7a If you want to pick up your item at Famous please contact us via email or phone to make an appointment. Bring a copy of your invoice to Famous, Weteringschans 83, 1017RZ Amsterdam, and make sure you can identify yourself. Items can be picked up starting from 3 workdays after the purchase or 3 workdays after the auction closes. Items will be at your disposal for a maximum of 10 days, unless a different written agreement has been made.

8.7.b In case of delivery, the items will be delivered to the address you provide after the full payment has been received. Please take into account that shipments will take approximately 5-7 days to process prior to shipping. Famous ships small items via the Dutch postal services, and large and/or delicate/valuable items via Fed-Ex. It is also possible for Famous to ship via your shipping account. Should you prefer to have valuable items shipped uninsured via regular mail, then Famous will not be held accountable for any damages and/or losses that should occur during shipping. Buyer is solely responsible for uninsured shipments.

8.8 The shipping costs are automatically calculated and will be featured on your invoice. Once a package has been shipped we will contact you by email to confirm the shipment and provide you with the tracking number (if available).

8.9 In the event of a shipping order towards a country other than The Netherlands the buyer will be deemed the importer of the products concerned. All the custom charges incurred are the responsibility of the customer.

8.10 In the event of loss or of damages to the product during transport, the customer will immediately have to inform the shipping company as well as Famous, please accompany any telephone conversations with an email. Also immediately report any damages to the packaging of the shipment directly to the courier or postman and send a written report directly to the shipping company and to Famous including the tracking number and a description of the damages. Famous is not liable for any damages occurred during transport.

8.11 In the event of any unusual delay in the shipping Famous will contact you.

Buying via Famous
9.1 In the case of an auction, buyers, in principle, don’t owe a percentage of the purchase price to Famous. However, placing a bid isn’t completely non-committal: the buyer needs to realise that should their bid be the highest when bidding ended, they can be addressed by the seller to purchase the item for the price they offered. Naturally the bidder will only be addressed when and if they were the highest bidder when bidding ended. Bids cannot be recalled or withdrawn. In the case that a bidder has placed the highest bid, but refuses to pay for the item, the seller could force said bidder by law to purchase the item won, all legal fees in this procedure will then be issued on the buyer.

9.2 Famous has the right to place bids for third parties on auctions, provided that they are legally empowered to do so. Famous is entitled to accept commissions from prospective buyers and can set detailed terms and conditions for these commissions. Famous does not accept any liability for negligence or mistakes made during the execution of bidding- or buying commissions. Famous has the right to reject commissions. Conditions apply unabridged on sales made with Famous acting as a negotiator after being commissioned by a buyer.

9.3 Up to 1000 Euro raised with 5 Euro
Between 1000 and 2500 Euro raised with 10 Euro
From 2500 to 5000 Euro raised with 25 Euro
Above 5000 Euro raised with 50 Euro

Selling via Famous
10.1 Sellers who wish to sell items via Famous should submit those items to Famous via e-mail (info@famous.nl), and provide all the necessary information.

Once Famous has agreed on selling the item, sellers should provide the items to Famous. Famous will then store the items in name of the seller and at the sellers own risk and costs, and sell the items in name of the seller, at the sellers own risk and costs, and will handle the sale of the item as well as the delivery to the buyer if a sale of the item should occur.

10.2 Prior to selling an item offered by a third party through the website, Famous requires the seller to submit the item for approval. Only after the authenticity of the item has been determined with a likelihood bordering certainty by Famous or an expert that has especially been appointed by Famous, will the item be offered for sale through the website. Famous has the right to refuse items at any time that have been offered to sell on the website by third parties, or to remove them from auction.

10.3 Sellers are obligated to pick up their unsold items after the auction has ended, as soon as Famous sends sellers a pick-up request. In the case that items aren’t picked up within a reasonable amount of time (with a maximum of 14 days after the pick-up request has been issued), Famous is entitled to ask for a storage fee. When items haven’t been picked up 90 days after the pick-up request has been issued then the ownership of the items will automatically be deemed to have been transferred to Famous, after which the seller will not be able to claim ownership or put forward any further claims in regards to said items.

10.4 The minimal selling prices of items that are introduced for sale by third parties in the shop or at an auction of Famous will be indicated in Euros’ and include taxes, unless explicitly indicated. The buyer with the highest bid at the ending of the auction is the winner of the item and thus the buyer, provided that the bid is higher or equal to the minimum-selling price indicated by the seller. Bids cannot be cancelled or withdrawn.

10.5 It is not permitted for sellers to bid on their own items. Nor is it permitted for sellers to ask third parties to bid on their items, with the aim to raise the selling price of the item as much as possible. Introducing items to sell via Famous isn’t completely non committal; every seller needs to realise that once a bid has been made that meets- or surpasses the minimum selling price, the seller is legally bound to sell the item for this price.

10.6 In the case that a seller refuses to deliver the item they put on sale through Famous, seller could by law be forced to deliver the item to the buyer. The legal fees for this forceful action will then be issued on the seller. Moreover, the seller is responsible for the description of the item: in the event that the description does not match the item the seller can be held accountable and should provide an item that does fit the description that was provided, as well as compensate any possible damages caused by the incorrect description of the item. Therefore it is of great importance that items are described as accurately as possible. The seller will be addressed in the event that inaccuracies are discovered. For this reason items that are put on sale through Famous need to be physically on the premises of Famous for the evaluation and possibly ownership of the piece.

10.7 The fee for selling items through Famous consists of 20% of the net amount of the selling price or the highest bid. Fees that are owed to Famous will be deducted from the proceeds of the sold items.

Liability Famous
11.1 Sellers at Famous are responsible for the descriptions and information they provide regarding items they sell through the website. Famous does not accept liability, in any shape or form, for information provided by or for users. Moreover, Famous does not accept any liability for the actions taken by sellers and buyers on the website, among which specifically the non-fulfilment of a contract of sale by buyer or seller.

11.2 In the case that an agreement has been reached and Famous has received all the amounts related to the sale, Famous is entitled and kept to provide sold items and to transfer property on behalf of sellers, to buyers immediately after a first request to do so is issued by buyers after the purchase is made. After such a transfer has taken place, seller is entitled to receive the proceeds, which shall be transferred to seller’s bank account by Famous, excluding the 20% fee and other possible costs.

11.3 In the event of force majeure, which means a circumstance upon which Famous has no influence, or can’t be expected to have influence upon, and which makes any provision of information impossible in any reasonable manner; Famous will be exempt of her duties and thus users won’t be able to hold Famous liable for any damages.

11.4 Even though Famous will take all possible measures to ensure the website works properly, she will not be held liable in any shape or form, for issues regarding availability, accuracy, quality, presentation, correct transmission, completeness or content of the information provided.  Famous also wishes to remit explicitly any liability for any damages occurred as a result of outages, incompleteness, inaccurate transference or mistakes in transmitted information, as well as damages as a result of information provided by advertisers or sponsors based on provided data and/or information.

11.5 Should a technical breakdown occur, Famous reserves the right make an informed decision to restart or end the sale of lots and items.

Liability third party sellers
12.1 In the event that a seller breaks the law in any way by selling an item via Famous, Famous will contact the Amsterdam Public Prosecutor and place charges. Any material and immaterial damages will be claimed from the seller.

Modifications
13.1 Descriptions on the webpage’s and all written and verbal descriptions will be provided by Famous to her best knowledge. Famous does not accept any liability in regards to the correctness of the information provided. Famous has the right to change webpage’s, information on webpages as well as conditions and stipulations without any (prior-) announcement. Users that disagree with such changes can make their points known via an email to Famous =, after which their subscription can be cancelled should this be necessary.

Additional
14.1 Unabated the further stipulations in this Terms and Conditions document, Famous can only be held liable for damages suffered by buyers or sellers in the case that these emanate directly from serious misconduct or premeditation by Famous.

Dutch law
15.1 Dutch law applies for every agreement made by Famous, whereby all disputes that emanate from, or are connected directly to obligations resulting from agreements made by both parties will be presented before a Dutch judge in Amsterdam.