The general terms and conditions of sale define the rights and obligations of the parties within the framework of the sale of products, via the website www.art-23.be (hereinafter referred to as the "site").
They are concluded between, on the one hand, ART 23 (Mélissa LUYTEN - firstname.lastname@example.org) registered with the ECB under number 0744396113 and whose registered office is located at Vierhuizenstraat 50, 3070 Kortenberg, hereinafter referred to as "the seller" and, on the other hand, the person placing an order, hereinafter referred to as "the buyer".
The present conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the site www.art-23.be whether the buyer is a professional or a consumer. The acquisition of a product through this site implies an unreserved acceptance by the buyer of these conditions of sale.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by the seller.
3. Products for Sale
The products offered for sale are those that appear on the site, with a description of their essential characteristics, on the day and at the time of the consultation of the site by the buyer, and within the limits of available stocks.
The seller uses all reasonable means to display the availability of products in real time on the site, but could not be held responsible if a product was no longer available to fulfil the order. In the event of unavailability of one of the products ordered, the buyer will be informed and will have the possibility either to modify his order or to cancel it, in which case he will be refunded the amount of his order if he has already made the payment.
ART 23 endeavours to present the products on its website as fully and accurately as possible. The very nature of the products offered means that differences (such as differences in colour) may exist between the products represented on the website and the products delivered to you.
All the products offered for sale have been designed with an emphasis on an eco-responsible aspect.
In order to optimize the quality and life span of the products, it is important to follow the care instructions.
4. Price and Payment
The prices of the products displayed on the site are indicated in euros including all taxes (VAT and other applicable taxes).
The prices indicated are guaranteed within the limit of available stocks, except in the case of error or omission on the part of the seller.
The seller reserves the right to modify its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of confirmation of the order.
The prices displayed on the website include VAT but exclude delivery costs, which will be added to the total amount to be paid for the basket.
In the event of an error in the price of the product(s) ordered, the seller will inform the buyer as soon as possible and will offer the buyer either to confirm the order at the corrected prices or to cancel it. In the absence of a response from the buyer, the order will be considered cancelled and the full amount paid will be refunded.
The products remain the property of the seller until full payment of the order price.
The payment of the purchases is carried out by bank transfer, credit cards, PayPal & Sofort.
Any invoice unpaid on the due date will be increased by right and without notice of default, with an interest of 10% per year and a penalty clause of 10% of the unpaid amount with a minimum of € 50.00 per invoice. The individual customer - non-professional - may invoke the benefit of this clause in his favour in the event of a proven and objectively proven breach of the company's obligations, within the framework of the reciprocity of obligations.
The customer interested in an article on sale on the www.art-23.be website orders directly via the website mentioned above.
The contract takes effect after the seller has sent an order confirmation to the e-mail address indicated by the buyer.
ART 23 reserves the right to refuse any order or delivery in the event of a dispute with a customer, total or partial non-payment of a previous order by the customer. The seller's liability may not be engaged in this respect under any circumstances.
By browsing the website and placing orders, the customer agrees to:
To provide his exact coordinates;
Use this website only for consultation or to place valid orders;
Not to place any false or fraudulent orders. If the seller can reasonably consider that such an order has been placed, it reserves the right to cancel the order and inform the competent authorities.
Orders are shipped to the delivery address indicated by the buyer and according to the delivery method indicated on the order form.
Unless otherwise stipulated, delivery times are only given as an indication.
Delivery times vary according to the delivery method chosen. The seller endeavours to ensure delivery as soon as possible. However, the seller cannot be held responsible in the event of late delivery.
If the delivery address does not correspond to a country of the European Union, it is possible that the said country applies additional taxes. The customer will then have to comply with the laws, taxes, customs and rules applicable in the country of destination. The seller cannot be held responsible for any violation of these laws.
The seller makes every effort to ensure that all items shipped comply with the order. In the event of a problem, the buyer is invited to contact the seller directly.
7. Personal Data
All personal data necessary to process an order is kept by the seller and may be transmitted to companies with which it collaborates, when such communication is necessary to process the order.
The user also authorises the seller to use this data to compile statistics in order to improve its site and the products it offers. This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers.
Finally, the seller retains personal data to facilitate subsequent orders and undertakes not to divulge the information it has at its disposal to another company.
The data kept by the latter may be corrected by the buyer at any time by a simple manipulation via the seller's website.
If the buyer wishes to delete his personal data, he may do so by writing an e-mail to the following address: email@example.com.
8. Legal right of withdrawal (return)
In accordance with the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 working days from the day following the day of delivery of the product.
Within this period, the consumer must notify his intention to renounce by e-mail and return, at his own expense and risk, the product delivered to the seller's administrative headquarters.
The products must be returned in their original packaging undamaged, still with their original labels. In the event that the packaging is too damaged by transport, the customer may then use his own packaging and ensure that it is strong and waterproof enough to return the package in its original condition.
Returned products must not have been used, washed or damaged in any way. Products that have been damaged or soiled by the customer will not be refunded.
The products will be returned at the customer's expense by a secure delivery method (bpost) or by registered mail for Europe.
The warranty covers only manufacturing defects existing at the time of delivery of the products. Defects or damage due to heavy use, normal wear and tear of a product, a snag or any other reason, are not covered by the warranty.
ART23 is committed to delivering products and services of the best possible quality.
If the buyer considers that his rights have been infringed, he is invited to send a precise and detailed complaint by post or e-mail within fifteen days of delivery.
The seller's liability with regard to any product purchased on the site is strictly limited to the purchase price of the latter
Due to the open nature of the website and the possibility that errors may occur in the storage and transmission of digital information, the seller does not guarantee the accuracy or security of the information transmitted or obtained through the site.
The products are considered to be in conformity with the contractual provisions according to the following conditions:
They must conform to the description presented and have the characteristics set out on this site;
They must be suitable for the purposes for which such products are intended.
11. Cases of force majeure
Cases of force majeure (strikes, fire, epidemics, danger of war, civil war, lack of energy resources, act of the prince, bankruptcy of suppliers, etc.) are to be considered as force majeure if they have the effect of delaying deliveries.
The seller will inform the customer as soon as possible by email of the occurrence of one of these circumstances and the customer reserves the right to extend the delivery period. Similarly, if these facts may compromise the execution of the order in the manner provided for, the seller also reserves the right to cancel the contract.
12. Settlement of disputes
The present online sales conditions are governed by Belgian law.
In the event of a dispute, only the courts of the judicial district of the seller's registered office are competent.