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Terms and Conditions

The website www.gloart.be (hereinafter simply referred to as “GLO’ART”) is an initiative of:

GLO’ART BV
Van Kerckemstraat 24/2
B-3620 Lanaken
BE 0841.615.352

GLO’ART sells modern contemporary art by artists from all over the world who have created their work at GLO’ART in Belgium. It concerns Paintings, Sculptures, Photography and mixed Media art.
In case of questions or comments you can always contact us via:

• phone: 0032 89 20 35 92
• email: [email protected]

We ask you to always keep your order number and/or other relevant information to hand so that we can answer promptly and to the point. GLO’ART can also be reached via www.gloart.be

Definitions

In these Terms of Sale, the following definitions apply:

  • any natural person (B2C) or legal person (B2B) who is or will be in a contractual relationship of whatever nature with GLO’ART. Also called ‘you’, ‘your’ further on.
  • ‘Consumer’: any natural person in the capacity of Buyer who acts for purposes outside his trade or profession.
  • ‘Products’: all goods and services that are the subject of this sales agreement..
  • ‘Goods Manufactured to Consumer’s Specifications’: goods which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer.
  • ‘Sales Agreement’: any agreement whereby the merchant undertakes to transfer the ownership of goods and/or to provide a service to the Buyer. This Buyer in turn undertakes to pay the price thereof.

Introduction

These Terms of Sale apply to all current and future sales of Products by GLO’ART to the Buyer. As soon as you use our website, you accept these Terms of Sale as a Buyer, as well as all other rights and obligations as stated on the website.

In principle, these Terms and Conditions of Sale are always and exclusively applicable, except in the case of an explicit deviation. An express deviation is only valid insofar as it is the result of mutual agreement that is expressly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions of Sale will in any case remain fully applicable.

GLO’ART reserves the right to change and/or supplement the Terms and Conditions of Sale at any time for future orders. A future change will of course not affect existing product orders and the resulting agreements.

Offer and Acceptance

The Offer

Every offer is placed online with the greatest care. GLO’ART undertakes to provide sufficient information about the properties of the products, including descriptions and photos to illustrate the products. Naturally, GLO’ART uses the best resources and standards on the market. The images on our website are an approximate representation of the substantial features of our products. GLO’ART guarantees that the products comply with the information stated in the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

Any offer on our website is only an invitation to the Buyer to make a purchase and can therefore not be considered a binding offer with regard to GLO’ART.

An offer is also only valid while stocks last. If the product is no longer in stock, we reserve the right to inform you of this within seven (7) calendar days at the latest.

We have the option to apply specific conditions to a particular offer, such as a limited period of validity. You can rest assured that these terms and conditions will always be communicated explicitly and prior to the order.
If an offer is clearly affected by a mistake or error, GLO’ART is not bound by its offer. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can also be corrected by GLO’ART after the conclusion of the agreement.

Certain products or services cannot be ordered through our online order method. In that case, the buyer must contact GLO’ART and will receive an individual offer. Such a registered quotation is valid for 30 calendar days, unless a different term is stated in the quotation. These Terms and Conditions of Sale also apply to the offer from the quotation and all agreements arising therefrom.

You will also receive the General Terms and Conditions and a summary of the order in a confirmation e-mail.

The Prices

All prices are expressed in EURO and include VAT and other taxes. If the purchase is made in the context of a business or professional activity, the price may be exclusive of VAT and other taxes. Delivery costs are not included in the individual product price but are always indicated in the last step of our online ordering procedure. The use of certain selected payment methods may entail additional costs, which are the sole responsibility of the Buyer.

GLO’ART reserves the right to change prices at any time, but we undertake to use the rates indicated on the site at the time of your order. If the price change is the result of changes in the VAT rates, it will be charged to the Buyer.

The Acceptance

If the Buyer wishes to purchase a product from the offer of GLO’ART, he must place a purchase for this via the online order method. This purchase is binding on the Buyer. GLO’ART will send a confirmation of the order within 7 calendar days at the latest, by e-mail to the e-mail address provided by the Buyer. This order confirmation is the time of conclusion of the agreement.

GLO’ART may at any time decide not to send a confirmation or to reject the product order in an express statement. If the order cannot or only partially be executed, GLO’ART will inform the Buyer about this and possibly propose a replacement product. If GLO’ART refuses the product order or the Buyer does not agree with the proposed alternatives, there will be no agreement and all payments already made will be refunded promptly. The Buyer is not entitled to any form of compensation.

In accordance with the law of 11 March 2003 on electronic commerce, the parties expressly acknowledge that electronic forms of communication create a valid agreement. GLO’ART can use all electronic files at its disposal, within the limits of the law, to prove the agreement. An ordinary, digital or electronically qualified signature is not an essential proof requirement.

Payment

The price as shown in the order confirmation is the final price to be paid. If this price does not correspond to the price as stated at the last moment of the purchase confirmation, the Buyer must inform GLO’ART about this within 7 calendar days after the order confirmation. Other complaints must also be clearly communicated in writing within 7 calendar days. Filing a complaint does not result in suspension of payment.

The Buyer who places a product order in the context of a business or professional activity (B2B) can obtain an invoice on request.
In principle, each payment is processed immediately and in full, this is the moment the order is placed by the Buyer. We accept all current valid and internationally accepted credit cards and electronic payment methods as indicated on our website.

GLO’ART takes all reasonable steps to ensure the security of your online transactions. The use of the above-mentioned recognized payment partners and credit card issuers provides us with the necessary guarantees. The necessary security measures via SSL are provided.

The Buyer can choose a means of payment which by its nature does not entail immediate payment, such as a bank transfer. In that case, the Buyer has a payment term of 14 days after order confirmation. If the Buyer does not act within the set payment terms, he is automatically and legally in default. GLO’ART will therefore charge interest on the outstanding amount at the legal interest rate. This interest is due during the period between the expiry of the payment term and full payment of the outstanding amount. In addition, GLO’ART can claim all (extra)judicial costs as a result of non-payment from the Buyer. These additional costs therefore fall under full payment. If GLO’ART has not received payment after 3 reminders, the invoice will be transferred to a collection agency or legal office that will further handle the procedure.

GLO’ART defers its delivery obligations until receipt of full payment of all amounts owed by the Buyer. GLO’ART always retains the ownership of all ordered products until full payment of all amounts owed under this agreement, regardless of whether the delivery has already taken place.

Delivery and installation

Every order is always processed with the greatest care. The maximum delivery time for a product is 30 days after receipt of order. If circumstances cause a shipment to be wholly or partially delayed or cannot be carried out, we will inform you as soon as possible. In that case you have the right to dissolve the agreement without costs.

Delivery times stated on our website are indicative in nature. The Buyer can only terminate the agreement if GLO’ART fails to deliver within the deviating delivery term at the latest. In such case of termination, GLO’ART will refund all amounts paid promptly and at the latest within 14 days after termination of the agreement.

GLO’ART relies on its own distribution or external parties (bpost, Transmissions Getax, PostNL, dpd) for the delivery. However, GLO’ART takes no responsibility for late delivery or for an order that is lost by third parties or due to unforeseen circumstances or force majeure. As a result of an undelivered order, an investigation is immediately initiated at the carrier. This takes several days during which it is not possible to proceed with a refund or another shipment.

There is a delivery as soon as the ordered products have been offered to the customer once. It is the buyer’s responsibility to facilitate delivery at the agreed place in the presence of the buyer or a third party designated by the buyer. If an offered delivery is unsuccessful as a result of a shortcoming by the Buyer or the third party designated by the Buyer, the costs of this delivery attempt will be fully borne by the Buyer.

GLO’ART bears the risk of damage and/or loss of the products until the moment of delivery. The risk of the products transfers to the Buyer as soon as the Buyer or a third party designated by him takes receipt of the ordered products. In principle, every delivery requires the signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

Defects and complaints

Although GLO’ART always has the ambition to satisfy its customers, we cannot completely rule out defects and complaints in the products. Our approach to warranty allows us to win your satisfaction after all. Please note that the conditions for warranty are always met. Additional commercial guarantees are always possible.

Legal guarantee

We guarantee that our goods conform to your order and meet the normal expectations you may have of them, taking into account the specifications of the product. Of course, we also guarantee that our goods comply with all laws existing at the time of your order.

Insofar as this is possible and reasonable, you have the choice between repair or replacement. Only in the event that the repair or replacement is excessive or impossible or cannot be carried out within a reasonable time, you have the right to demand a price reduction or the termination of the sales contract. If the defect or defect manifests itself within 6 months after delivery, it will be deemed to have already existed before delivery, unless we can prove otherwise.

After 6 months you will have to prove yourself that the defect was already present at the time of delivery. If the defect or defect is covered by the statutory warranty, we will refund the shipping costs (that you incurred to return the product) afterwards.

Defective products must be returned to GLO’ART, always in their original condition, including their packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any breach of this obligation will be reduced proportionately upon repayment. The return is always at the risk of the Buyer. The costs of return as a result of a hidden defect are for the account of the Buyer. GLO’ART recommends that these products be returned by registered post and with insurance to avoid the risks of loss and theft. This return must be made at the latest within 7 calendar days after the communication.

The warranty does not apply to:

  • Damage caused by intentional changes made by Buyer to the product and exposure to moisture, fire, earthquake and other external causes.
  • Damage caused by installation and use not in accordance with the instructions and information provided. These instructions and information are also provided through electronic communication channels.
  • Consumables such as supplied lamps, batteries, etc.

In the absence of a motivated complaint, the Buyer is not entitled to return the products. If the above conditions are met, the Buyer is in the first place entitled to a free repair or replacement, as the situation allows. GLO’ART is only obliged to reimburse if the repair or replacement no longer provides the same benefit to the Buyer. The Buyer will have to communicate this in a clear and well-founded manner. Any compensation resulting from this can never exceed the amount invoiced to the Buyer.

If the products were incorrectly returned because the above conditions were not met, GLO’ART will resend them to the Buyer. The costs of this return shall be borne by the Buyer. In that case, GLO’ART is free to store the products at the expense and risk of the Buyer with third parties as long as these costs of return have not been paid.

Right of withdrawal

In addition, every Consumer has a right of withdrawal, insofar as the following conditions are met. According to this right of withdrawal, the Consumer can still decide within 14 calendar days from the day following the delivery of the product that he does not agree with the purchase. The Consumer does not have to exercise his right of withdrawal motivate. The Consumer is also not obliged to pay any fine or compensation for the use of his right of withdrawal.

The Consumer is not entitled to a right of withdrawal in the following cases:

  • Service agreements after full performance of the service if the performance has started with the express prior consent of the consumer, and provided the consumer has acknowledged that he will lose his right of withdrawal as soon as the company has fully performed the agreement; (Article VI.53.1° Code of Economic Law)
  • The supply or provision of goods or services whose price is subject to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period; (Article VI.53.2° Economic Law Code)
  • The delivery of goods manufactured according to the consumer’s specifications, or that are clearly intended for a specific person; (Article VI.53.3° Code of Economic Law)
  • The delivery of goods that spoil quickly or with a limited shelf life; (Article VI.53.4° Code of Economic Law)
  • The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; (Article VI.53.5° Code of Economic Law)
  • The delivery of goods that are irrevocably mixed with other products after delivery by their nature; (Article VI.53.6° Code of Economic Law)
  • Agreements in which the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance; if, however, the company provides additional services during such visit that the consumer has not expressly requested, or supplies goods other than spare parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal for those additional services or goods from application; (Article VI.53.8° Code of Economic Law)
  • The delivery of sealed audio and sealed video recordings and sealed computer software, the seal of which has been broken after delivery; (Article VI.53.9 Economic Law Code)

The Consumer who wishes to invoke the right of withdrawal must always do so expressly, unambiguously and in writing. It is up to the Consumer to demonstrate that he can invoke his right of withdrawal and must clearly communicate the following information to GLO’ART:

  • The statement of the following three dates, namely the date of order, the date of receipt and the date on which the right of withdrawal is used;
  • Name and address of the Consumer;
  • Signature of the Consumer;

After informing GLO’ART of his decision, the Consumer must return the products to GLO’ART as soon as possible, and this no later than 14 calendar days after the communication. The return is only made by means of a recognized carrier. In any case, the Consumer will bear all costs and risk of the return.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

If the Consumer makes valid use of his right of withdrawal, being in accordance with the above conditions, GLO’ART will arrange for the reimbursement of all amounts already paid. The costs of installation and all additional delivery costs if a delivery method has been chosen that differs from the cheapest standard delivery method as offered by GLO’ART will not be refunded.

This refund will be made soon, and certainly no later than 14 calendar days. As long as no proof of return has been provided by the Consumer, GLO’ART has the right to suspend the refund. GLO’ART will reimburse the Consumer with the same payment method with which he/she carried out the original transaction, unless the Consumer has expressly agreed otherwise. In any case, no costs will be charged for the refund.

If the products are affected by a decrease in value resulting from the handling of the goods that goes beyond what was necessary to establish the nature, characteristics and functioning of the goods, the Consumer will be responsible for this. GLO’ART is entitled to charge this proportionally with the refund.

If the Consumer does not meet the above conditions, there is an unlawful use of the right of withdrawal. In that case, the goods will be returned to the Consumer, at the Consumer’s own expense and risk. GLO’ART undertakes to clearly communicate its motives to the Consumer.

Force majeure

If GLO’ART is prevented in whole or in part from fulfilling its obligations towards the other party due to a circumstance beyond its control, there will be a case of force majeure. In that case, GLO’ART is not obliged to fulfill its obligations towards the other party. GLO’ART is entitled to suspend its obligations for the duration of the force majeure.

Intellectual Property

All intellectual property rights and derivative rights remain with GLO’ART. These intellectual property rights are understood to mean copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. GLO’ART attaches great importance to its intellectual property rights and has taken all possible measures to guarantee its protection.

Processing personal data

The information you provide is necessary for the processing and handling of orders, invoicing and the follow-up of returns. If this information is missing, the order will inevitably be cancelled. Providing inaccurate or false personal information will be considered a violation of these Terms of Sale. The Buyer’s personal data will only be processed in accordance with the applicable Privacy Statement, which can be consulted here.

Counterfeit Prevention

GLO’ART always offers only original products that it has made by its collaborating artists or that it purchases from the original manufacturers and their wholesalers. In case of doubt about the authenticity of products, consumers can find more information and tips on the website www.eccbelgie.be. If there is a suspicion of counterfeiting, the consumer can always submit a complaint via : het Meldpunt.

Applicable law and competent court

All offers and agreements are exclusively governed by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes related to or arising from offers from GLO’ART, or agreements concluded with it, will be submitted to the competent court in the judicial district where GLO’ART has its registered office.

Code and complaints procedure

You can submit a complaint about a product or our services by e-mail to [email protected] or by telephone on 0032 89 20 35 92 on weekdays between 09:00 and 16:00). We do our utmost to help you as best and as quickly as possible.

Are you still not satisfied with the handling of the complaint? Then you can submit this to the Disputes Committee of Becommerce, Safeshops or the consumer ombuds service. You can also submit the complaint to the Disputes Committee via the European ODR Platform.

BeCommerce complaints procedure: www.becommerce.be/klachtenformulier-webshops

Consumer ombuds service: consumentenombudsdienst.be/nl

GLO’ART will respond to the content of the complaint within 14 days of receipt of the complaint. This applies to both private and business complaints. But of course we try to resolve all complaints as quickly and as effectively as possible.

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