Terms & Conditions
1. General
1.1. These general conditions (hereafter: “General Conditions”) govern the use of the website from (hereafter: the “Website”) DEMAIN Art, a company incorporated under the laws of Belgium with registered office at 11 Rue André Hennebicq, 1060 Saint-Gilles, and with company number 0798 426 497 (hereafter: “the seller”).
1.2. The present terms and conditions form the contract binding the seller and the customer, hereinafter commonly referred to as “the parties”.
The “customer” is any natural or legal person who orders product(s) from the seller.
1.3. The Website from the seller is created on behalf of and is managed by the seller. Users are not allowed to use the information on the Website for commercial purposes.
1.4. Placing an order on the Website implies an obligation to pay.
1.5. By placing an order, the customer declares to irrevocably and unconditionally accept the General Conditions. The General Conditions are published on the Website and will be attached to each order confirmation. The acceptance of the General Conditions is necessary to place a valid order.
1.6. The General Conditions prevail over any conflicting general terms and conditions of the customer.
1.7. The General Conditions can be amended at any time. The modifications shall be published on the Website and will enter into force ten (10) days after the publication on the Website.
2. Offer and Purchase
2.1. All offers on the Website are purely informative and not binding.
2.2. A customer has to be at least eighteen (18) years old to place an order.
2.3. An order can only be placed on the Website www.demainart.com
2.4. To make a purchase, the following steps have to be made by the customer:
– Visit the detail page for the item you wish to buy and click “Add to Cart.” You can access your Cart at any time by clicking the Cart page link, which is located in the site header.
– From the Cart page, you can continue the checkout process.
– Cost of delivery is not automatically included in the order. The seller will contact you regarding the pick up or transport of the goods.
– You can continue the checkout process by selecting your preferred payment method.
– When the checkout process is complete, you will receive a mail confirming your order.
2.5. The seller undertakes the necessary to process the orders placed on the Website as long as supplies last and within the limits set forth in these General Conditions. The order can only be processed if the customer is clearly identified in accordance with article 8.
2.6. The seller reserves the right to refuse an order in case of a serious suspicion of abuse of rights or bad faith.
2.7. A purchase is not final until the acceptance of these General Conditions, the applicable price and the description of the offer.
2.8. When the order is placed, the seller will confirm the order by e-mail and upon confirmation by seller the order becomes final and binding.
3. Payment
3.1. The price of the goods is indicated in Euro, including taxes.
3.2. The applicable prices are the prices that are mentioned on the Website at the time of ordering.
3.3. The applicable prices include Value Added Tax (VAT) but don’t include any delivery costs. The extent of delivery costs will depend on the size, weight and price of the good, the seller’s origin and the customer’s destination, and shall be communicated to the customer by email.
3.4. Delivery charges will be borne by the customer at cost price. These charges will be indicated before the order becomes final.
3.5. Any taxes and/or applicable duties of whatever kind are at the customer’s expense.
3.6. Payment must preceding the delivery.
3.7. The seller accepts payment by credit card, through paypal or by bank transfer, and the order will be executed after receipt of the payment by the seller.
3.9. 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.
4. Pick-up and Delivery
4.1. Customers are encouraged to pick-up the ordered goods at the studio of the artist.
4.2. The seller will contact the customer regarding delivery. If the customer requests a delivery of the goods, the delivery will be effected to the address that is specified by the customer once the delivery is confirmed by both parties. If an order cannot be delivered to the address that is specified by the customer, the seller has the right to terminate the agreement without prior notice. The customer will be informed in writing, by telephone or by e-mail in case of such a termination. When the customer specifies a wrong address, any additional shipping cost will be charged to the customer.
4.3. The risk for loss or damage to the ordered goods passes to the customer as from the time of the pick-up of the goods by the customer or from the time of the delivery of the goods to the carrier.
4.3. The period of delivery starts upon receipt of the payment. The delivery takes place as soon as possible and as confirmed by the parties. The period of delivery mentioned by the seller is purely an indication and therefore not binding for the seller. If a delivery is made on another date than mentioned by the seller, the customer is not entitled to any compensation whatsoever.
4.4. The seller is not responsible for any delay or failure of delivery attributable to the carrier.
4.5. Transfer of ownership occurs upon receipt of full payment of the goods.
5. Right of revocation
5.1. Every consumer (i.e. any individual that buys a good for non-commercial purposes) and European resident has a right to revoke his order during a period of fourteen (14) calendar days, without the necessity to give any reason for the use of this right to revoke. This period of fourteen (14) calendar days starts from the day following the delivery.
5.2. During this period of fourteen (14) calendar days, the consumer shall handle the good and its packaging carefully. The consumer shall only unpack the good as far as necessary to assess whether the good meets the specifications as listed up in the offer.
5.3. The returning of an ordered good can only be accepted if the article is not dirtied, damaged or spoiled, and is still in its original packaging.
5.4. To exercise the right of revocation, the consumer shall notify the seller before the expiry of the abovementioned period of fourteen (14) calendar days. The consumer shall notify the seller by message on the contact page of the Website or by e-mail to info@demainart.com.
5.5. The consumer must return the ordered article in the same way as it is delivered to the consumer (e.g. insured shipping by a carrier).
5.6. Any cost relating to the returning of the ordered article, will be at charge of the consumer.
5.7. The consumer must prove that the good is sent back to the seller or the artist (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 consumer has notified the seller about the exercise of its right of revocation. When the consumer has not returned the delivered good after the expiry of the abovementioned period of fourteen (14) calendar days, the sale becomes final.
5.8. The abovementioned right of revocation shall not apply when the goods are bought from a non-EU partner or by a non-EU resident.
6. Responsibilities and guarantees
6.1. Any problem or defect with respect to the delivery of a good, damage or qualitative deficiencies must be reported by message on the contact page on the Website or by e-mail to info@demainart.com.
6.2. In case an order is to be returned to the seller, this shall be done in accordance with the provisions of article 5.
6.3. In no event shall the seller, its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, 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).
6.4. 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 customer or third parties;
– any divergent or unusual use of the good;
– any case of force majeure.
7. Force majeure
7.1. Force majeure situations that prevent execution of the agreement include inter alia:
– natural catastrophes, earthquake, storm, fire, flood, etcetera;
– armed conflict, war, terrorist attack;
– labour disputes, total or partial strikes that affect postal distribution, public services etcetera;
7.2. The party relying on force majeure will immediately inform the other party of the occurrence and of the termination thereof.
7.3. The occurrence of a force majeure situation relieves both the seller and the customer.
7.4. The parties are relieved from their commitments under the agreement if the force majeure situation continues for more than two months.
8. Evidence
8.1. The customer accepts the use of electronic evidence.
8.2. The customer is solely and exclusively responsible for the accuracy of any information that he or she passes.
8.3. The customer must follow a registration procedure for the first online order. Afterwards, the customer can log in to place a new order.
8.4. The final confirmation of the order by the customer implies the acceptance of the order at the relevant price. The confirmation by the customer is considered to be the signature and the explicit acceptance of all transactions on the Website.
9. Responsibility for the use of the Website
9.1. The Website of the seller is intended to provide general information to the customer about the offered goods. 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.
9.2. 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.
9.3. Third party websites need the permission of the seller to place a link to the Website on their own website.
9.4. The seller can not 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.
10. Protection of personal information
10.1. The seller collects and stores personal information from the customers in a database.
10.2. Such personal information may include the customer’s name, address, email address, date of birth and all other information that the customer chose to provide on the Website.
10.3. This personal information will not be used for commercial purposes, other than helping to enhance the quality of the customer’s use of the Website.
10.4. The customer has a right of access, modification or rectification of his or her personal information. The customer can exercise this right by sending a registered letter to the following address: 11 Rue André Hennebicq, 1060 Brussels, Belgium, by message on the contact page on the Website or by e-mail to info@demainart.com.
11. Cookies
11.1. A cookie is a text file that is assigned by a web server and stored on a user’s computer to uniquely identify the browser on a particular computer for record-keeping purposes.
11.2. The seller uses cookies to collect aggregate information about the use of the Website, to identify users when they return to the Website, to track navigational patterns of usage, and to access user preferences.
The seller does so to enhance the quality of the customer’s visit to the Website, to access the customer’s preferences and to personalize the Website to the needs of the customer.
11.3. The seller uses temporary cookies to ensure that the customer is recognized when he or she moves from page to page on the Website, and to make sure that information entered by the customer on the Website will not get lost while the customer is navigating the Website.
11.4. The seller also uses persistent cookies to remember the subsequent visits of a customer on the Website, which enables the seller to provide the customer with a more enhanced, efficient and personal experience when he or she returns to the Website.
11.5. If the customer does not want to have cookies placed on his or her computer, he or she can commission his or her browser to refuse or remove the cookies. However, this will limit the system performance of the Website, and may even cause certain features of the Website to malfunction.
12. Intellectual property
12.1. 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.
12.2. 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 the author and all other intellectual property rights.
12.3. 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.
13. Jurisdiction
13.1. Any dispute regarding this General Conditions shall be under the exclusive jurisdiction of the courts of Ghent (Belgium).
13.2. The present General Conditions are governed by Belgian law, excluding the provisions of the Vienna Convention on the international sale of goods.