The website [www.brusselsgalleryweekend.com] (hereinafter the “Website”) is an initiative of Brussels Art Days asbl, avenue de l’Hippodrome 64, 1050 Brussels, Belgium; with enterprise number: BE 0835 246 412 and contact details : firstname.lastname@example.org, +32 499 34 23 34
SCOPE OF THE SALES TERMS AND CONDITIONS:
- The present Sales Terms and Conditions (hereinafter the “Terms”) describe the reciprocal rights and obligations applying to the sale(s) conducted on the Website between any user (hereinafter the “Client”) and Brussels Art Days asbl ( hereinafter “The Seller”). The Client can be a professional or a consumer in the sense of article I.1., 2° of the Code of economc law.
- The Website is created on behalf of and is managed by Brussels Art Days asbl. Users are not allowed to use the information on the Website for commercial purposes.
- The Terms express the entirety of the Seller’s rights and obligations. The Client accepts these Terms without reservation, such acceptance being conditional for the validity of any order or sale through the Website.
- The Sales Terms and Conditions prevail over any conflicting general terms and conditions of the Client.
- The Sales Terms and Conditions can be amended at any time. The modifications shall be published on the Website and will be applicable to any order placed after such publication.
ORDERING ON THE WEBSITE
- In order to make an order, the Client shall provide all mandatory information enabling its identification. The Client is responsible for the accurateness of all information provided.
- The Client shall select the products on the website and the delivery address. The selected products shall then be transferred in the Client’s cart. The Client will receive a full description of the selected products together with the conditions of sale.
- The Client shall then confirm the order and proceed with the payment. For the order to be valid, the Client shall prior accept the present Terms and Conditions. Both confirmation of the order and acceptance of the Terms and Conditions shall be made by ticking the box “Purchase” on the Website.
- Upon the confirmation of the order, the Client is deemed to have accepted the price and the description of the ordered products.
- The information provided by the Client and the confirmation of the order shall serve as the proof of the sale.
OFFER, PRICE AND PAYMENT
- All offers on the Website are purely informative and not binding.
- A Client has to be at least eighteen (18) years old to place an order.
- An order can only be placed on the Website www.brusselsgalleryweekend.com
- The Seller reserves the right to modify the prices of the products at any time and to its own discretion upon their publication on the Website.
- All prices are displayed in EURO and are inclusive of VAT but exclusive of shipping costs, which shall be indicated and invoiced as a complementary cost.
- The total Price of the order (VAT included) and the shipping costs shall be disclosed to the Client prior to the confirmation of order.
- Any taxes and/or applicable duties of whatever kind, are to be borne by the Client.
- Payment of the products must be made before delivery. Payments must be made in EURO.
- The Client executes the payment at the time of the final validation of the order and according to one of the secured means of payment proposed on the website by The Seller.
- The Seller may, at any point in time and upon its sole discretion, suspend and/or cancel any transaction and/or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to The Seller and/or any user or third party.
- The Seller also reserves the right to cancel or suspend any order from a Client which is liable for a previous order’s payment or in case of a notice of refusal of payment from the banking operator of the Client.
- The Seller accepts payment by credit card, through Stripe or by bank transfer, and the order will be executed after receipt of the payment by The Seller.
- The Seller is not liable for any damages whatsoever arising out of fraud or any other unlawful act by means of a bank card or credit card.
CONFIRMATION OF ORDER
- Upon a notice of the validation of payment, The Seller provides the Client with an invoice and a confirmation of order in a reasonable delay.
- The invoice may be provided under an electronic form at the mail address communicated by the Client upon the delivery of the products.
SHIPPING SERVICES / DELIVERY
- The Seller proceeds to the shipping upon production of the order & the confirmation of payment by the banking operator of the Client.
- The Seller is responsible for shipping the order to the Client and is bound to communicate a delivery and/or pick-up schedule and pricing to the Client upon the confirmation of order.
- The Seller shall send the product as soon as possible, but in any event within 30 (thirty) days from the day following the day on which the confirmation of order is sent, to the address indicated by the Client, provided that the total Purchase Price has been received by the Seller when the Client has opted for prepayment, unless a longer delivery time has been agreed upon or is mentioned on the website.
- The Seller is bound to communicate in a clear and complete manner if any shipping restrictions apply to some of the products.
- The delivery will be effected to the address that is specified by the Client at the moment of order. If an order cannot be delivered to the address that is specified by the Client, the Seller has the right to cancel the order without prior notice, subject to repayment of the price to the Client after deduction of the shipping costs and a penalty of 40 EUR. The Client will be informed in writing, by telephone or by e-mail in case of such a cancellation. When the Client specifies a wrong address, any additional shipping cost will be charged to the Client.
- The risk for loss or damage to the ordered products passes to the Client as from the time of delivery of the products to the carrier.
- Transfer of ownership occurs upon receipt of full payment of the products.
- The Seller is not responsible for any delay or failure of delivery attributable to the carrier.
- The Seller shall not be liable for any delay provided that it does not exceed reasonable limits.
RIGHT OF WITHDRAWAL FOR CONSUMER CLIENT
- If the Client is a consumer he/she may exercise a withdrawal right in accordance with article VI.47 of the Code of economic law. If the Client wants to cancel his/her purchase, the Client must do so within fourteen (14) calendar days upon the day where the Client (or the person designated by the client for collecting the product) takes possession of the product. The Client must notify The Seller in writing of his/her decision to cancel the purchase, by e-mail : email@example.com, registered post at the following address : Avenue de l’Hippodrome 64, 1050 Brussels – Belgium.
- The withdrawal right will not apply to the applicable legal exceptions pursuant to article VI. 53 of the Code of Economic Law.
- The Seller has fourteen (14) days from the date of the Client’s notification to give the Client a full refund, excluding shipping costs. However, The Seller is entitled to wait until he/she receives the returned products.
- All products to be returned or exchanged must be returned to The Seller in integrality and in their original package. The returning of an ordered product can only be accepted if the product is not dirtied, damaged or spoiled, and is still in its original packaging. The Client is responsible for all shipping costs arising from the return of the products.
- The Client must prove that the good is sent back to The Seller (e.g. by means of proof of mail delivery) before the expiry of fourteen (14) days, starting from the day following the day on which the Client has notified The Seller about the exercise of its right of withdrawal .
- The abovementioned right of withdrawal shall not apply when the goods are bought from a non-EU partner or by a non-EU resident.
LIABILITY – WARRANTY
- Subject to the mandatory legal provisions, the liability of the Seller shall be limited to the damages resulting from its wilful misconduct or fraud. Except in case of fraud of wilful misconduct, the Seller, its employees, agents, suppliers, or contractors shall not be liable for any indirect damages, including without limitation any compensatory, incidental, indirect, special, punitive or consequential damages (including but not limited to loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character or attorneys’ fees).
- The Seller is in addition not liable for:
- – any damage resulting from a falsified good or from a good that is not authentic or does not have the right certificate;
- – any damage or accident caused by the Client or third parties;
- – any divergent or unusual use of the product;
- The Seller warrants that all products shall be conform to the order7.2.2. Any problem or defect with respect to the product, damage or qualitative deficiencies must be reported by message on the contact page on the Website or by e-mail to firstname.lastname@example.org.
- If the Client is a consumer, the Seller shall provide the warranty pursuant to articles 1649bis to 1649octies of the Civil code will apply. The Client benefits from a delay of two (2) years after the delivery of the products to execute the warranty period of conformity of the products. Nevertheless, ifthe products are second-hand products, the warranty period shall be of one (1) year.
- If the Client is a professional, any default of conformity shall be brought to the attention of the Seller within a maximum delay of fifteen days after the date of delivery.
- In case of latent defect, the delay of notification of defect shall be fifteen days as from the date of discovery of such default by the Client. When the Client is not a consumer, the warranty period shall in any case be limited to one (1) year.
- The products shall only be returned to the Seller with prior warning by the Client and prior acceptance of the Seller.
- The Seller shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances, The Seller shall be entitled to a reasonable extension period to perform such obligations.
- If the circumstances of force majeure last for more than ninety (90) days, both Parties are entitled to cancel the contract by a registered letter sent to the other Party. All obligations already performed by The Seller shall still be due proportionately by the Client.
RESPONSABILITY FOR THE USE OF THE WEBSITE
- The Website of The Seller named www.brusselsgalleryweekend.com is intended to provide general information to the Client about the offered products. The Seller does not guarantee that the provided information is up-to-date, correct or complete, nor does The Seller guarantee the quality of such information in any other respect.
- The Seller has the right to suspend or terminate the Website at any time for maintenance, updating or any other reason, even without prior notice.
- Third party websites need the permission of The Seller to place a link to the Website on their own website.
- The Seller cannot be held liable for:
- any incorrect information on the Website (e.g. an incorrect price due to a technical problem on the Website);
- any content on third party websites that are directly or indirectly linked to the Website;
- any inconvenience or damage resulting from the use of the internet, by any failure of the system, the intrusion of outsiders or of a virus;
- any event that can be qualified as force majeure.
PROTECTION OF PERSONAL DATA
- The Seller collects and stores personal information from the Clients in a database.
- Such personal information may include the Client’s name, address, email address, date of birth and all other information that the Client chooses to provide on the Website.
- This personal information will not be used for commercial purposes, other than helping to enhance the quality of the Client’s use of the Website.
- The Client has a right of access, modification or rectification of his or her personal information. The Client can exercise this right by sending a registered letter to the following address: 64 avenue de l’Hippodrome – 1050 Brussels – Belgium by message on the contact page on the Website or by e-mail to email@example.com
- The Client shall fully respect the ownership of the intellectual property rights of the sold product. The artist remains the owner of all intellectual property rights of his or her good, as defined by Belgian law. The rights of representation and the right of reproduction of the goods presented on the Website also belong to the artist. His or her authorization is necessary for any exploitation of these rights. The rights of the customer to the purchased good is therefore limited to a right of private use, excluding any right of representation or reproduction.
- The Website in itself and all the elements presented on this Website (e.g. photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs etcetera) are protected by the right of author and all other intellectual property rights.
- No content on this Website may be used, downloaded, uploaded, copied, printed, displayed, performed, reproduced, modified, deleted, added to, licensed, posted, transmitted or distributed, in whole or in part, for any public or commercial purpose, without specific prior and written approval of The Seller.
- These Terms and Conditions are governed by Belgian Law.
- In the event of a dispute between the Parties relating to the validity, interpretation, or execution of these Terms and Conditions, it will be submitted to the exclusive jurisdiction of the Courts of Brussels.