Legal

1. General

Eenmanszaak Jeroen Botter is a sole proprietorship, operating under the name Napier Estate and Emergency Exit Galleries, having its registered office in Bikbergen, The Netherlands, hereinafter referred to as: “Napier Estate". Every private person, corporate entity or enterprise to whom an offer is made by Napier Estate, an agreement is concluded or an assignment is made to Napier Estate, is defined as and referred to as: “client”. Every and any image, drawing, sample, design, sketch, sculpture, painting, art object or any other object or product whatsoever sold by Napier Estate is defined as and referred to as: “work”. Every and any agreement concluded between Napier Estate and the client consisting the sale- and/or purchase or use of work of Napier Estate, and/or assignment of Napier Estate to perform activities or services, is defined as and referred to as: “agreement”.

2. Applicability

These general conditions are applicable to and shall be deemed to be included in all offers made by Napier Estate, all (sale- and/or purchase) agreements with Napier Estate, all assignments to Napier Estate and all other activities and/or services of Napier Estate, now and in the future. Not any deviation, exemption, amendment or adjustment of these general conditions is applicable, unless expressly agreed upon between Napier Estate and the client in writing and signed by all parties. Any reference to or applicability of general conditions of or used respectively invoked by the client are expressly excluded and declined by Napier Estate.

3. Offer

Any offer and/or price estimate is without any obligation of Napier Estate, except in case explicitly a term of acceptance is included and mentioned in the offer, in which case the offer expires after this term and a written acceptance within this term constitutes an agreement. All offers are based on the assumption of executing the agreement, assignment or activities under common and regular conditions. The client cannot derive any rights from any information provided by Napier Estate with regard to an offer, catalogue, leaflet, pricelist, et cetera.

4. Agreement and due diligence

An agreement with Napier Estate shall be concluded upon expressly written acceptance by the client and Napier Estate. Any amendment, deviation or adjustment of the offer by the client constitutes a dismissal of the complete offer of Napier Estate, which offer therefore no longer applies. If the client makes an offer, other than the offer of Napier Estate, to Napier Estate an agreement shall only constitute if and upon expressly acceptance of this offer by Napier Estate in writing.

Due diligence and identification of clients is mandatory for all purchases above €10.000. Napier Estate is obliged to report unusual transactions to FIU-Nederland. This is provided for in the Money Laundering and Terrorist Financing (Prevention) Act (Wwft). Napier Estate is required to report both completed transactions and transactions that have not yet been completed (intended transactions). Non-compliance and irregularities both count towards a breach of client obligations.

5. Prices and resale rights

All prices and amounts communicated, quoted or agreed upon are in euro, net prices and inclusive of VAT and resale rights. It is agreed that any taxes payable with respect to the works, except for taxes arising from revenue payable by Napier Estate, irrespective by which authority or country the taxes and levies are levied, are for the account of the client and the client will indemnify and waive Napier Estate for the payment of such taxes and levies and shall upon first request of Napier Estate be reimbursed to Napier Estate within fourteen days.

The prices as quoted and offered by Napier Estate are based on the specifications of the offer respectively the agreement and on performing the activities under the common and regular conditions, where under but not limited to market conditions, wages, taxes, prices of materials, as on the date of the offer respectively the agreement. Any change, amendment, adjustment or difference with these specifications and/or conditions allows Napier Estate to adjust the price and/or amount as offered respectively agreed upon. If not expressly agreed upon in writing costs of storage, packing, transport, delivery, maintenance, or any other costs, are not included in the prices as quoted, offered and agreed upon by Napier Estate.

Applicable resale rights will be granted by Napier Estate to original artists / rights holders at all times. Dutch legal thresholds apply.

6. Payment

All amounts to be paid by the client to Napier Estate shall be in euro. Except and insofar otherwise agreed upon in writing between Napier Estate and the client, the amounts due on the invoice must be made within the payment term of the invoice. We accept payment via Paypal, bank transfer (preferred) and cash payment (up to €3000). Prepaid vouchers (hereinafter “vouchers”) to reserve and prepare a work for shipping, are obtainable on the website, clients can purchase via credit card, Pay with Link and Google Pay. Prior to the start of the activities, production and/or delivery of the work Napier Estate may require a retainer, deposit, vouchers, upfront payment of any other security of the total amount (or part of this amount), which is due by the client to Napier Estate.

In the event of non or late payment by the client, Napier Estate shall have the right to sell the artwork to other parties. Furthermore Napier Estate shall have the right to claim and the client is due all damages and costs caused by the non or late payment, where under but not limited to costs of legal assistance, delayed delivery, interest, et cetera. Any vouchers purchased by the client will automatically serve as payment against said damages.

Ownership title to the work shall pass to the client at first and after complete payment of all amounts due by the client under the agreement, has been received by Napier Estate. Any compensation or set-off with a possible debt of Napier Estate to the client, or (alleged) claim of the client to Napier Estate, is excluded and not admissible.

7. Logistics

Napier Estate will deliver the work to the client ex workshop of Napier Estate and after complete payment of all amounts due by the client to Napier Estate. Packing the work constitutes inspection and acceptance of the work on behalf of the client.

Transport of the work to the place of destination as defined by the client is for the client’s risk and account. The loading, transport, logistics, custom clearance, insurance, unloading of the work to or at the place of destination is the sole and entire responsibility of the client. The client shall for its account take such insurance for the work during transport, as it shall deem appropriate.

With regard to possible taxes and/or levies due concerning the export from the workshop of Napier Estate to the place of destination as defined by client, the client will provide to Napier Estate the lawful and duly signed documents of the customs or tax authorities of the country of destination of the import of the work within four weeks after delivery. The installation, if any, of the work is the entire and sole responsibility of the client and shall be for its account. If the client does not collect the work at the agreed date of delivery Napier Estate stores the work for the client’s risk and account, which costs shall be completely due by the client.

8. Suspension, retention and withdrawal

If and insofar the client does not fulfil any of its obligations under the agreement with Napier Estate, or Napier Estate supposes that the client will not fulfil its obligations under the agreement with Napier Estate, Napier Estate shall have the right to suspend all her activities, services, production, et cetera and/or the delivery of the work until and up to the moment the client has fulfilled its obligations.

At any moment Napier Estate may require a retainer, deposit, upfront payment, voucher or any other sufficient security with regard to the fulfilment of the client of its obligations under the agreement. If the client does not fulfil this request of Napier Estate, Napier Estate shall have the right to suspend her activities and obligations under the agreement and dissolve the agreement as of right.

Napier Estate shall have the right of retention and to execute this right regarding all work as included in the agreement and all rights and/or properties of the client which remain by Napier Estate in relation to the agreement, as long as the client does not fulfil any and all of its obligations of the agreement.

The client will not sell, pledge or encumbrance any work to which the right of retention of Napier Estate still applies. If a third party wishes to exercise any right against the client and in respect of the work of Napier Estate to which the retention right of Napier Estate still applies, the client shall inform Napier Estate immediately in writing. The client undertakes at first request or summon of Napier Estate to return to Napier Estate the work which is subject to the right of retention of Napier Estate and shall procure the ownership of the work of Napier Estate.

Upon receival of the work, client’s right of withdrawal is in effect for 14 days, custom orders excluded. Client may execute his right of withdrawal by way of sending an email to Napier Estate within the cancellation term. Return logistic fees are at the client’s expense. Returns may be subject to a twenty percent (20%) restocking fee, in case the cancellation term was exceeded. Returns will not be accepted if the art or frame has been damaged under the responsibility of the client.

9. Guarantees and liability

After delivery and passing the retention of title of the work by Napier Estate to the client no guarantee whatsoever applies to or is provided to the client by Napier Estate. Napier Estate gives no warranties of waivers whatsoever on the work and materials used therein, except for obvious production errors about which the client shall inform Napier Estate in writing within two months after delivery.

After delivery and passing the retention of title of the work by Napier Estate to the client, Napier Estate is not liable in any matter or based on whatever reason for any loss or damage whatsoever, either direct or indirect, arising from or related to any use whatsoever by the client of the delivered work. Napier Estate shall and cannot be held liable for any damages or faults caused by any third party or sub-contractor which is contracted directly or indirectly with regard to the agreement between Napier Estate and the client. Napier Estate cannot, if any, in any event be held liable for an amount that exceeds the total amount the client paid to Napier Estate under the agreement.

10. Force majeure

Napier Estate shall not be responsible and/or liable towards the client for damages or loss caused by strikes, trade union conflicts, accidents, lock outs, fire, war, terrorism, shortage or absence of raw material, delays on the part of suppliers or forwarders, government acts or any other circumstance or cause beyond Napier Estate’s control (“force majeure”) as a result of which Napier Estate is not able to fulfil its activities and/or obligations under the agreement.

11. Privacy

Linktree privacy policy is in effect on the Napier Estate website. Napier Estate will not retain client data for longer than is strictly necessary to achieve the purposes for which the data is collected. Napier Estate will not sell client data to third parties and only provide it if this is necessary for the execution of our agreement or to comply with a legal obligation.

12. Miscellaneous

Insofar and in respect of any provision of these general conditions or under the agreement may not be invoked by Napier Estate all other provisions remain in full force and effect and shall be in no way invalidated, impaired or affected thereby. Napier Estate and the client shall nevertheless act in accordance with the purpose and scope of the concerning provision. If necessary the excluded provision shall be replaced or adjusted in such a way that Napier Estate may legally invoke the concerning provision.

No adjustment or amendment of any provision of these general conditions and/or the agreement shall be binding or enforceable unless executed in writing between Napier Estate and the client.

13. Dissolution and termination

If the client preliminary cancels or causes the termination of the agreement for whatever reason, the obligation of the client to pay the complete amount due to Napier Estate according to the agreement shall remain in full force and effect, without prejudice to Napier Estate to claim damages.

Napier Estate shall have the right to dissolve the agreement as of right, with immediate effect, without any judicial intervention being required, without prejudice to Napier Estate to claim damages and/or compensation of costs and expenses, if the client has been declared bankrupt, a request of a debt rescheduling arrangement has been filed by the client, the client requests for a suspension of payment, the client ceases, the client liquidates its activities or business, a change of control over the client, or the client repeatedly fails to fulfil its obligations under the agreement.

14. Disputes and applicable law

The laws of The Netherlands exclusively govern this agreement. Any and all disputes arising in connection with these conditions and exclusively the competent courts in Amsterdam, The Netherlands, shall settle the agreement.

Bikbergen, March 2026

Business name: Jeroen Botter d.b.a. Napier Estate
Address: J. van Woensel Kooijlaan 35, 1272EG Bikbergen NL
VAT no: NL005285122B59
CoC no: 97723827
Legal representative: J. Botter (founded in 2025)

All rights reserved (including artist names, works of art, signatures) to their respectful owners, no infringed intended. No work may not be reproduced, copied, or used for machine learning or AI training purposes without express written permission from the owner.

© Batman (1989) movie by Warner Bros
© Batman (1989) album by Prince and Warner Bros
© Batman No.1 1989 A DC Movie Special comic adaptation
© Figure With Meat (1975) by Francis Bacon
© Billboard charts (1989) by Billboard™ Media

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