Article 1. DEFINITIONS
The following definitions apply to these General Conditions:
1.1) GPE Association: Giclée Printers Europe Association (Stichting Giclée Printers Europe)
1.2) The company: the company applying for a GPE Association membership.
1.3) The member: the affiliated company that has joined the GPE Association in compliance with the rules in these General Conditions.
1.4) Certified Art Giclée™: the quality mark of the GPE Association, that stands for the quality and durability guarantee of Giclée art printing.
ARTICLE 2. APPROPRIATENESS
2.1) These General Conditions apply to the selection criteria for future members and the membership of the GPE Association.
ARTICLE 3. GOAL
3.1) It is the goal of the GPE Association to promote Certified Art Giclée™ art printing in Europe and guard and guarantee its quality in the market. It is also the goal of the GPE Association to make Certified Art Giclée™ more widely known, promote it, and inform the art world, potential buyers and members of the GPE Association.
ARTICLE 4. APPLICATION & ADMISSION
4.1) Companies wishing to be considered for membership have to be registered at the Chamber of Commerce. An excerpt of the Chamber of Commerce has to be submitted on application.
4.2) Companies wishing to be considered for membership must have been demonstrably active in producing Giclée’s. Furthermore, credentials have to be submitted.
4.3) Companies wishing to be considered for membership, must have an affinity with art and exude this in their business presentations and their website.
4.4) Companies wishing to be considered for membership have to meet the selection criteria communicated in writing by the GPE Association to these companies.
4.5) The application for membership is judged by a committee that verifies whether the applying companies meet the admission and quality criteria. The committee exists of 2 master printers, 1 artist an 1 art gallery.
4.6) After a positive assessment by the committee and payment of the admission fee and the annual membership dues, the membership becomes official and is entered into the membership records.
4.7) After admission the membership is considered to be entered into until further notice, for a period of 3 years each time, starting on the first day of the month after the date of admission.
ARTICLE 5. DURATION OF MEMBERSHIP
5.1) The membership is entered into for a period of 3 years, starting on the date of the certificate of admission by the GPE Association. Aforementioned period will be tacitly extended for a period of 3 years each time, until further notice.
ARTICLE 6. PAYMENT AND MEMBERSHIP DUES
6.1) The admission fee and annual membership dues will have to be settled within 14 days after the invoice date, in the manner mentioned on the invoice.
6.2) OVERDUE PAYMENTS
The GPE Association will charge interest over overdue payments from the date due until the date the amount due is received. This interest is equal to the legal interest. The GPE Association has the right to hand over a claim on a member, if this member still has not paid after several reminders. The ensuing collection charges will be charged to the member.
6.3) Should a member in whole or in part fail to meet one or more obligations ensuing from this agreement as stipulated in these General Conditions, the GPE Association has a right to suspend the fulfilment of the corresponding obligation, in so far and for as much as the shortcoming justifies it. If the member repeatedly fails to meet the obligations ensuing from this agreement, the GPE Association has the right to dissolve the agreement, unless the shortcoming does not justify the dissolution, considering its nature or minor importance. Should the membership be terminated during the membership year (which does not necessarily coincide with the calendar year), the membership dues for that year will remain due.
ARTICLE 7. TERMINATION OF MEMBERSHIP
The membership of the GPE-association will terminate because:
- the member gives notice,
- the GPE Association gives notice,
- the GPE Association expulses the member.
7.1) THE MEMBER GIVES NOTICE
The member can only give notice by registered mail. The resignation will have to be received by the GPE Association at least 3 months in advance of the expiry date of the membership period. Resignations that are late, will only become effective on the expiry date of the next membership period. The GPE Association will acknowledge the resignation within 14 days after receipt.
7.2) THE GPE ASSOCIATION GIVES NOTICE
When terminating its activities, the GPE Association will inform its members in time by registered mail.
7.3) EXPULSION BY THE GPE ASSOCIATION
A member will, among others, be expulsed by the GPE Association on the grounds of actions against European legislation and rules, quality standards formulated by the GPE Association, failure to meet its financial obligations towards the GPE Association, suspension of payment and bankruptcy. The GPE Association commits itself to confirming the termination of the membership, as indicated in this article, by registered mail addressed to the member, stating the reason why.
ARTICLE 8. COPYRIGHT/ INTELLECTUAL PROPERTY
The name “Certified Art Giclée™” and the logos Certified Art Giclée™ and Giclée Printers Europe are registered trademarks. All use of these names and logos requires prior written consent by the GPE-association.
8.2) All texts, images and logos in publications by the GPE Association, among which the websites www.certifiedartgiclee.com, www.certifiedartgiclee.nl, www.gicleeprinterseurope.com and www.gicleeprinterseurope.nl fall under copyright protection. Copies, adaptations, translations, revisions and changes to the whole or part of these websites, in whatever form or manner, are not permitted, unless prior written permission was given by the GPE Association. Issuing the Certified Art Giclée™ and Giclée Printers Europe logos to third parties requires the written permission of the GPE Association.8.3) When an infringement on aforementioned stipulations is ascertained, the GPE Association will impose a once-only fine of € 10,000 plus a fine of € 2,000 for each day the infringement continues.
8.4) INTELLECTUAL PROPERTY
All rights of intellectual property of the information provided to the member pertaining to the GPE Association and Certified Art Giclée™, rest with the GPE Association. By intellectual property is meant text (copy), authors, images and/or other intellectual property rights, such under threat of an immediately claimable once-only fine of € 10,000 plus a fine of € 2,000 for each day the violation continues.
ARTICLE 9. RIGHT OF USE
9.1) During its membership the member is allowed to use the name of the quality mark Certified Art Giclée™ and the logos Certified Art Giclée™ and Giclée Printers Europe in his publications.
9.2) Issuing the name Certified Art Giclée™, just as the logos Certified Art Giclée™ and Giclée Printers Europe to third parties is not permitted without prior written consent by the GPE Association.
9.3) After the membership has ended, the right of use of the name Certified Art Giclée™, just as of the logos Certified Art Giclée™ and Giclée Printers Europe ends too. When an infringement on aforementioned stipulations is ascertained, the GPE Association will impose a once-only fine of € 10,000 plus a fine of € 2,000 for each day the infringement continues.
ARTICLE 10. SECRECY
10.1) The member is obliged to keep secret all confidential information obtained from the GPE Association within the framework of the membership, and cannot divulge it to third parties or use it for other purposes than the information is intended for without prior written consent, unless it concerns information on so-called public knowledge.
ARTICLE 11. COMPLAINTS
Should the services of the GPE Association not come up to the expectations the member might have of them, or if the member thinks the CPE Association falls short of establishing, implementing, ending or handling an agreement as mentioned in these General Conditions, the member can file a written and well-reasoned complaint with the GPE Association within 4 weeks after the complaint has arisen. The GPE Association commits itself to informing the member in writing in how far his/her complaint was deemed valid and in what way the objections of the member will be given in to.
ARTICLE 12. FINAL CLAUSES
12.2) APPLICABLE LAW
All agreements upon which these General Conditions are deemed applicable, are subject to Dutch law, unless explicitly agreed upon otherwise in writing.
12.3) AMENDMENTS AND DEVIATIONSThe GPE Association has the right, without prior notice, to make amendments to these General Conditions. Individual deviations of these General Conditions, including additions or extensions, will be confirmed in writing by the GPE Association to its members.
These General Conditions have been filed at the Chamber of Commerce in Lelystad under number 3909139.