Terms & Conditions

 

Welcome to the website of Root Gallery, where original art from a selection of artists represented by the gallery can be viewed and purchased. By accessing this page you automatically agree to the following terms and conditions, which may be altered and revised by us when deemed necessary. If you do not agree with the terms and conditions described below we ask you to leave this page.

Root Gallery is a contemporary art gallery based in Krimpen aan de Lek (the Netherlands). Due to renovations, the gallery is now closed. Opening hours will soon be updated. For more information about the gallery send an email to contact@root.gallery.

Intellectual property

All images, photographs, artworks, logos, text, data, icons, and other copyrightable elements are the property of Root Gallery and its artists. We therefore ask you not to use or reproduce them in an unauthorized manner or without recognising the gallery's ownership. The artist names, as well as gallery name and website URL are to be cited and a permission from the owner must be requested if you wish to use any of these elements outside of the website. If you wish to report any perceived infringements on intellectual property you can do so by contacting us via contact@root.gallery. Any perceived infringement on these property laws will be pursued and the necessary precautions will be undertaken, which may result in the loss of your access to our page, as well as possible legal repercussions. 

Community access

Your access to this page is granted by a password that was given to you. This password is not to be shared publicly by you, as only the Root Gallery staff and designated members are in a position to do so. This page gives you access to a range of artworks from the artists represented by Root Gallery, including information about them and the chance to purchase any of these items and have them delivered worldwide. More information about this can be found on the Shipping & Returns page.

Purchasing

In order to complete a purchase on our website we ask you to fill in all required information adequately and truthfully. See the Privacy Policy page for details on security and the collection of private information on our platform. Your access to the community page can be revoked if you do not comply to this rule and use untrue or wrong information to complete a purchase. 

Kunstkoop

PLEASE NOTE: We have received notice from the Mondriaan Fund stating that their collaboration with Santander Consumer Finance with regard to the KunstKoop will end as of January 1, 2024. This means that if you are looking to purchase an artwork of your interest, you can apply for a KunstKoop loan until December 31, 2023. Existing loans continue to run. The Mondriaan Fund will seek a good alternative in the near future. 

The KunstKoop of the Mondriaan Fund offers Dutch individuals the possibility to pay for the purchase of an artwork in monthly installments, without any interest. The minimum loan is €250 and maximum loan is € 7.500. If an art work costs more, the remaining amount should be covered by the buyer and be payed directly to the gallery. Read more here.

Artist’s Resale Right (ARR)

At all times, Root Gallery stands up for and invests in the interests of its artists. This means that the purchase of an artwork connects you to several conditions with which you need to agree in order to come to an agreement.
Firstly, reselling a work within three years of purchasing the work from Root Gallery immediately terminates any subsequent collaborations and/or future agreements between you, Root Gallery and the artists represented. Written agreements with the gallery owner and/or artist, private sales, bankruptcy and passing away are excepted from this.
Secondly, when a work is resold by a professional art dealer after three years of purchasing the work from Root Gallery, this person is always obliged to pay the resale right fee, whether this person is a buyer, seller or intermediary. (The Resale Right Act (legislative proposal 29 912) is the implementation of the European Directive 2001/84/EC. The resale right came into effect on April 1, 2006 due to an amendment to the Copyright Act). Civil actions may be initiated against defaulting payment obligations by - or on behalf of - the artist entitled to the resale right.
Finally, in consultation with Root Gallery and the artist, the work may be lent and exhibited in places other than your private space, provided this is a non-profit initiative.

Money Laundering and Terrorist Financing Prevention Act (WWFT)

By law, Root Gallery - as an organisation dealing in art objects - is obliged to perform a customer inquiry for an incidental transaction of at least € 10,000 or several transactions between which there is a connection with a combined value of at least €10,000. The WWFT stands for Money Laundering and Terrorist Financing Prevention Act, which was introduced in 2018. The WWFT is enforced by, among others, the Tax and Customs Administration, the Netherlands Authority for the Financial Markets, the Supervisory Board and the Dutch Central Bank. The aim of the law is to safeguard the integrity of the financial markets and applies to anyone involved in cash flows or the purchase and sale of (expensive) goods. In short, the customer inquiry regards:
- To establish and verify the identity of the customer. When identifying, the client provides information about his/her/their identity (copy of ID). This also applies to the ultimate beneficial owner (UBO; always a natural person).
- To inform about the origin of the financial funds used to complete the purchase
- To determine the purpose/intended nature of the purchase

Root Gallery is obliged to properly register the information collected from the customer inquiry in their accounting and must hand over the collected information when the bank or government asks for it.