General conditions of online sale
Article 1 : Preamble
The present general conditions of sale shall apply to all the contracts concluded between, on the one hand, the company Arteeshow-Lila Farget with registered seat located at avenue de Tervueren 194B/8, 1150 Brussels, Belgium, registered with the Crossroads Bank for Enterprises under the number 0670.948.208, hereinafter referred to as “Arteeshow” and, on the other hand, every consumer that wishes to carry out a purchase through the website arteeshow.com, hereinafter referred to as “the buyer”.
The present general conditions shall remain in force during the entire duration of the order, delivery, service and every other relation between the buyer and Arteeshow.
Consumer refers to every natural person who is acting for purposes that fall outside the scope of his commercial, industrial, artisanal or professional activity (art. I.1, 2° of the code of economic law).
Article 2 : Purpose
The present conditions of sale aim to define the contractual relation between Arteeshow and the buyer as well as the conditions applicable to every purchase carried out through the site arteeshow.com (hereinafter referred to as the “Site”).
The purchase of a good through the Site implies an unconditional acceptance of the present general conditions of sale by the buyer. These shall prevail over all other specific conditions that are not explicitly approved by Arteeshow.
Arteeshow reserves the right to modify its conditions of sale at any moment. In such a case, the applicable conditions will be those that are in force on the date of the buyer’s order.
Article 3 : Creating of a Customer account
Every order placement of goods via the Site requires a prior opening of a customer account.
Every significant buyer can open freely and without charge a customer account through the section “Create an account”.
The creation of a customer account is carried out by the buyer by filling in the form provided, including his identification data.
That account is strictly personal and allows him to identify himself before validating each order.
During the creation of a customer account, the buyer enters the data which makes his identification possible, under his sole responsibility, control and direction and agrees to provide complete, exact and up-to-date information, and to not impersonate a third party, nor conceal or modify his age.
During the creation of a customer account, the buyer chooses his username (e-mail) and his password.
If the selected username is already assigned, the system will ask him to choose another one.
The buyer agrees to keep secured his password and to not reveal it under any circumstance and for any reason whatsoever.
When there is suspicion that the username and the password is being used by a third party, the buyer will have to alert Arteeshow immediately with the purpose of changing his password and/or choosing to close down his customer account.
Article 4 : Features of the offered goods
The suggested products are those that are shown in the catalogue published on the website arteeshow.com. Every product is accompanied by a description made by Arteeshow. The features of the products sold on the site (photographs, graphics, specifications …) are provided from a strictly informational standpoint and do not possess any contractual nature.
The indication of an available quantity reflects the state of stock since the last update of the website of Arteeshow. The state of stock as displayed on the moment of consultation of Arteeshow’s website by the buyer does therefore not contain any contractual value.
Arteeshow reserves the right to withdraw at any moment from the sale of any product present on the site and/or to replace or modify any information associated with the products that are shown on this Site.
In the event that a product is not available after placement of his order, the buyer shall be informed thereof by e-mail. His order will then be automatically cancelled, without possibility for the buyer to file a claim. The payment that has been done at the moment of the order, will be automatically reimbursed.
Article 5 : Price
The total amount of the buyer’s order as displayed on the website arteeshow.com, before final validation thereof, is indicated in euros inclusive of all taxes (VAT and other applicable taxes and fees) and other costs, including transport.
Arteeshow reserves the right to modify its prices at any time. Nonetheless, the applicable prices to the order are those in force at the time of the confirmation of the latter. Arteeshow also reserves the right to reflect the changes to the VAT rate, which would intervene before or on the date of delivery, in its prices.
The goods remain under full ownership of Arteeshow until full payment of the price, as acknowledged and accepted by the buyer.
The prices of the products exclude delivery charges (shipping, packaging and management of the packaging under applicable amounts).
The amount of delivery charges is specified on the Site before validation of the Order.
Article 6 : Orders and discount vouchers
The buyer that wishes to buy a product or a service, shall be required to :
be older than 18 years ;
fill out the identification sheet or give his customer number if he has one ;
fill out the online order form by giving all the references to the chosen products ;
validate his order after having it verified ;
acknowledge to have read the present general conditions and to have them accepted ;
make the payment under the provided conditions ;
confirm his order.
The sale is deemed to be completed once the confirmation of acceptance of the buyer’s order has been given by Arteeshow. The confirmation is sent by e-mail at the address informed by the buyer at the moment of his online order. In any case, the confirmation of acceptance of the buyer’s order by Arteeshow shall contain the total price of the order (unit price exclusive of VAT, cash discounts, refunds, rebates, taxable amount of VAT, VAT rate applied to each taxable amount, miscellaneous expenses, …) and the detailed description of the elements that is composed of : a detailed description of the order placed by the buyer ; the date of the conclusion of the contract ; the company name, the full address of the registered office and the VAT number of Arteeshow ; the name and the full address of the legal residence of the buyer ; the approximate date of delivery or the term of delivery.
The buyer is obliged to verify the delivery of the goods in the state where it is planned before the confirmation of his order, where appropriate by referring to the website of BPOST.
The modifications made by the buyer on the order form shall only be valid under the condition that Arteeshow has accepted and confirmed them in writing.
In case of unilateral cancellation of an order by the buyer which occurred before preparation of the order, Arteeshow reserves the right to charge compensation equal to 10% of the total amount of the order.
No shipment of merchandise will be carried out without confirmation of the order by Arteeshow and payment of the total price of the order.
The discount vouchers are solely handed out for free as part of promotional activities. They have an expiry date, they cannot be bought, they are not transferable and they are only useable once for one order.
Certain products can be excluded from the benefit of the discount vouchers in question. A minimum amount of purchase can be specified for each discount voucher.
The value of the discount voucher is not reimbursable and does not generate interests and the difference will not be subject to any reimbursement on behalf of Arteeshow. In case of full or partial return of the merchandise, the part of the price payed by a discount voucher will not be reimbursable.
Article 7 : Customised articles
The possible deadline communicated by Arteeshow shall begin from the day after the day of the collection of the order’s price by Arteeshow.
Article 8: Right of withdrawal
In accordance with the law, the buyer has the right to notify the seller that he renounces his purchase, without penalty and without providing reasons, within 14 calendar days starting on the day after the date of the delivery of the product (art. VI.47, §1 of the code of economic law).
Within that period, the consumer must notify his intention to renounce by sending an unambiguous declaration stating his decision to withdraw from the contract by e-mail to the seller’s contact address (email@example.com), and return, within 14 calendar days starting on the receipt of the order, at his own risk, the delivered product at the registered office of the seller (36 rue des Mimosas, 1030 Brussels, Belgium).
The products must be returned in their original packaging, undamaged, inclusive of all accessories as well as the original delivery note. Thus, the returned products must not have been unpacked, unsealed or used in any way. The incomplete, broken, damaged or soiled merchandise by the buyer will not be taken back.
Within 14 clear days, after acceptance to take back the merchandise, Arteeshow pledges to propose an exchange or to reimburse the buyer, with the exception of the delivery costs.
Pursuant to article VI.53, al. 1, 3° of the Belgian code of economic law, the buyer cannot exercise his renunciation right for supply contracts of products manufactured according to the specifications of the buyer or clearly personalised.
The buyer does not have the possibility to withdraw from the sale in case of the order of goods that cannot be returned for health or hygiene reasons (e.g. cosmetic products and underwear).
Article 9 : Payment and terms of payment
The price charged to the Customer is the price indicated on the confirmation of the order sent to the Customer by email. The order is payable immediately. The payment shall be made solely by credit card (Mastercard), through the secure payment platform Paypal or by bank transfer made in favour of the account BE96 3630 2845 6305, BIC : BBRUBEBB opened in the name of Lila Farget at ING Brussels, at the latest within 10 clear days after the order. The order will be cancelled after this period of 10 days.
The payments made after this delay shall bear ipso jure and without formal notice a conventional interest of 8,5 % annually as well as a fixed and irreducible allowance of 10 % of the charged amount, with a minimum of 50,-€, by way of damages.
Any contestation with regard to an invoice must be delivered to us in writing, within 15 clear days of its sending.
The consumer as defined by the code of economic law can claim the benefit of the application of the allowance and the interests to the extent and under the conditions laid down in the present clause, in the event of non-execution of our payment obligations.
Article 10 : Deliveries
The delivery incumbent upon us is carried out after full payment by the buyer of the order’s price and the delivery charges, by means of the seller’s choice, except where otherwise agreed in writing. The deliveries shall be made to the address indicated by the buyer.
Arteeshow makes it best effort to deliver the order within a period of maximum 30 days and pledges that the shipment is done within 3 (three) working days after the order.
Every delivery is deemed to be made as soon as the package is made available to the Customer, namely by the transporter, through the control system used by the transporter.
In case of absence during the delivery to the address provided by the buyer, the merchandise may be withdrawn on site and under the terms described on the transit advice note left by the postal services.
In the absence of or if the buyer fails or refuses to accept delivery of the ordered goods, Arteeshow reserves the right to request the execution of the contract or to consider, after prior formal notice, the latter as terminated ipso jure against the buyer. In the latter case, Arteeshow will retain an amount equal to 30% of the sale price as an allowance.
The merchandise is transported at the risk of Arteeshow until the delivery of the merchandise at the delivery address indicated by the buyer or at the deposit location communicated to the buyer by the postal services. From that moment, the buyer alone bears the risks.
In the case that the delivered merchandise would be damaged, the buyer is obliged to refuse the merchandise or to not accept it by issuing a written reservation on the delivery note of the carrier, to be completed by the buyer and the carrier together. Every complaint relating to the delivered merchandise must be sent to Arteeshow no later than 5 clear days after the date of its receipt. The complaint must be exclusively addressed by registered letter to the head office : avenue de Tervueren 194B/8, 1150 Brussels, Belgium and must be accompanied by a copy of the purchase record and the delivery note completed with the written reservation as abovementioned. After this period, no further complaint for obvious defects will be taken into consideration anymore.
In no case will Arteeshow reimburse the return shipping charges that were directly payed by the buyer to the Post office.
The delivery times communicated by Arteeshow are for information purposes only, except where otherwise agreed in writing.
In any case, the following circumstances relieve Arteeshow of its obligations regarding the deadline:
1 – The cases of force majeure (including, among others, the strikes, technical incidents, supplier delays, stock shortage known to the consumer at the time of placing his order, labour shortage beyond the control of Arteeshow) ;
2 – If the terms of payment are not respected ;
3 – If changes are committed by the Customer after the order ;
4 – If the buyer does not deliver us the desired information during the specified deadline.
The deliveries occur by regular mail.
Article 11 : Returns
The buyer can return his package :
If the delivered product is different from the one that was ordered.
If the delivered product does not correspond with the expectations of the Customer.
In this case, the buyer will have to return the non-conforming product in order to obtain the replacement or reimbursement of the price of the order.
In order to receive reimbursement :
The buyer must return his package at the latest within 14 calendar days following the delivery of his order.
Every complaint given after this period cannot be accepted and Arteeshow will not be held liable.
Arteeshow covers the return costs; in no case will Arteeshow reimburse the return shipping charges that are directly payed by the buyer to the Post office.
The buyer has to send his non-conforming product(s) in the original packaging to the following address:
avenue de Tervueren 194B/8
1150 Brussels, BELGIUM
Every return that is non-conforming or unsuitable for the resale (broken, damaged, used or soiled by the buyer) will be rejected and Arteeshow will not be held liable.
The goods must be returned and properly protected in their original packaging (a packaging that has been carefully opened will not be considered as a damaged packaging), accompanied with their label of the protection film.
Once the verification of the returned products has been done, Arteeshow pledges to reimburse the buyer as soon as possible and at the latest within thirty (30) calendar days following the day of receipt of the return package, on the bank account or the payment account of the Customer used for the payment of the goods.
Article 12 : Guarantee
Arteeshow guarantees the products that he sells in accordance with the law of the 1st September 2004 concerning the protection of consumers in case of the sale of consumption goods (articles 1648bis to 1649octies of the Civil Code).
The consumer that notices the non-conformity of a sold product within the two years after the delivery of the good must notify Arteeshow within the two months after the finding by registered letter addressed to the head office of Arteeshow (36 rue des Mimosas, 1030 Brussels, Belgium). This guarantee only covers the defects of conformity existing on the time of delivery of the goods. Defects or damages caused by a misuse, such as damage of water, oxidation, falling or collision, negligence and wear and tear, are not covered by the guarantee.
The provisions of the articles 1641 et seq. of the Civil Code regarding latent defects are fully applicable. The sold products are guaranteed against the latent defects during a period of one year as from their delivery. The guarantee can be implemented only if the following conditions are met: (1) the defect makes, to a substantial degree, the product unsuitable for the intended use or for the special use explicitly mentioned in the specific conditions of sale and (2) the product is or was used under normal conditions. In order to invoke the benefit of the guarantee, the buyer will have to give notice of his complaint concerning latent defects by registered letter addressed to the head offices of Arteeshow (avenue de Tervueren 194B/8, 1150 Brussels, Belgium) within maximum one month after he has noticed or normally should have noticed the defects.
The delivery order serves as a guarantee voucher and must be kept by the consumer and given in the original.
Article 13 : Liabilities
Arteeshow cannot be held liable for a damage resulting from the use of the internet such as loss of data, intrusion, virus, service disruption or other involuntary problems.
In any event, Arteeshow is not liable for the non-performance or the improper performance of the contract caused by the buyer, resulting from an insurmountable and unforeseeable fact of a third party to the contract or in case of force majeure.
The buyer is liable for the selection and the use of the product delivered by Arteeshow. He ensures to be at least 18 years old at the time of the order. Arteeshow declines all liability in case of inaccurate information that was provided to him by the buyer.
Arteeshow reserves the right to modify the information provided on the Site at any moment and without prior notice.
Arteeshow pledges to describe the goods sold on the Site with the utmost exactitude and to update the information that is provided herein under the best possible conditions.
However, Arteeshow cannot guarantee the exactitude, the precision or the completeness of the information that is available for the Customers on the Site.
In case of non-substantial differences between the photos of presentation of the goods on the Site, the texts and illustrations and the ordered goods, Arteeshow will not be held liable.
The buyer acknowledges and accepts that the prices of the goods can vary, and that in no case this difference of price can form the basis of a full or partial reimbursement claim for the purchased goods.
Article 14 : Periodical newsletter
By filling out the fields destined for the receipt of the periodical newsletter, known as “newsletter”, the buyer agrees to receive, to the shared e-mail address and at regular intervals, the information on behalf of Arteeshow. At any time, a deregistration of the periodical newsletter is possible by clicking the button “unsubscribe” appearing at the bottom of the page of each letter.
Article 15 : Customer service
For any information or question, for a follow-up of the order, for the exercise of the right of withdrawal or for the enforcement of the guarantee, the buyer has to contact the Customer Service by e-mail by filling in the contact form located on the contact page of the Site or by telephone on the number +32(0)491 64 33 49 from Monday till Friday from 9h till 17h.
Article 16 : Personal data
Arteeshow pledges to protect the personal data of the Customers.
All the necessary personal data for processing an order is stored by Arteeshow or its collaborators and can be transmitted to the companies with whom Arteeshow – or his suppliers – collaborate(s), if such a submission is necessary for the processing of the order.
Moreover, the user authorises Arteeshow to use this data to produce statistics in order to improve the goods and services that it offers.
Furthermore, this information can be used in order to permit coverage to his customer base, by any means of communication, of the information regarding the commercial activities of Arteeshow.
Lastly, Arteeshow stores the personal data to facilitate the subsequent orders.
Without prejudice to the foregoing, Arteeshow commits to not reveal the personal data at his disposal to another corporation or another company.
The data stored by Arteeshow can be requested and rectified at any time upon simple request. Such a request must be addressed by e-mail to the following address (lila(at)arteeshow.com) or by regular mail addressed to Lila Farget, avenue de Tervueren 194B/8, 1150 Brussels, Belgium.
The parties accept, in the context of their relations, the electronical means of evidence (as an example: e-mail, computer-automated registration of the correspondence, etc.).
Article 17 : Applicable law and dispute settlement
The present conditions of online sale and the contract of sale are subject to the Belgian law.
The application of the Vienna Convention on International Sale of Goods of 1980 is explicitly excluded.
Except for proceedings for payment, the parties commit to try to resolve every dispute concerning the validity, the interpretation or the execution of the contract by means of mediation or judicial conciliation.
The latter will start no later than 15 clear days after the request for mediation or judicial conciliation notified by one party to the other party. The duration of mediation may not exceed 30 clear days, unless the parties expressly agree otherwise.
In the prospect for an amicable settlement of a possible dispute arising from an online contract for the sale of goods or services, the consumer who wishes so, can also take direct contact with our services (lila(at)arteeshow.com) or use the online dispute resolution platform established by the European Commission and available on the following URL : https://webgate.ec.europa.eu/odr.
Moreover, Arteeshow certifies to not be affiliated with an instance for extrajudicial settlement of disputes.
In case of proceedings for payment or failure of the extrajudicial settlement procedure, judicial mediation or judicial conciliation, only the courts are competent of which the registered office of Arteeshow is subject to, unless a mandatory legal provision provides otherwise.
Article 18 : Severability clause
If one or several articles of the present general terms and conditions of sale would be invalid for any reason whatsoever, this circumstance will not have the effect to render this contract void in its entirety, nor prevent the execution of other provisions.
In the event that the provision in question would affect the very nature of the present general terms and conditions, each party will seek to negotiate immediately and in good faith a new valid provision with an equivalent economic effect or, at the very least, as close as possible to the effect of the annulled provision.