Terms & conditions – Art Maker
These terms and conditions are intended to regulate the contractual relationship between the client and Art Maker SRL, whose registered office is located on Rue de Tongres 332-4684, Oupeye, registered with the Carrefour Bank companies under the number BE 0734.676.614, exercising under the trade name "Art Maker", hereinafter "the company".
§1. These terms and conditions apply to the activities/services listed below, carried out by the company and for which the client has given his agreement.
Are covered :
- the creation and craftsmanship of wooden design lighting (hanging lights, wall lamps, floor lamps, etc.) ;
- the creation of prototypes for future marketing ;
- the online sale of these items via the website www.artmaker.be, par e-mail, téléphone ou de manière manuscrite ;
- the participation in international design fairs with presentation of articles;
- selling items at international design shows.
The term “client” means the individual or professional using the services of the company.
The term “order” means the purchase made by the customer from the company.
§2. In any event, the client of the website must be a major (i.e., 18 years of age). Moreover, the visitor of the aforementioned Internet website is mentioned under the general term "client" in order to simplify the terms used within these terms & conditions.
§3. These conditions apply to both sales in Belgium and abroad and concern the entire contractual relationship between the company and the customer: from the order to payment and delivery.
Application of terms & conditions
§1. These Terms and Conditions prevail over any other general or special terms and conditions. They may be modified at any time by the company. The company undertakes to inform the customer as soon as possible.
The new version of the terms & conditions will only apply to contracts concluded after their entry into force. Exceptions to these general terms and conditions are still possible, through special or contractual terms. Where applicable, in case of a contradiction between these terms & conditions and the particular or contractual conditions, the latter shall prevail.
§2. The customer is bound by these terms and conditions upon validation of his order in accordance with Article 6. In the case of an order made through the online sales site www.artmaker.be, he is invited to tick the box indicating that they’ve acknowledged with these terms & conditions. Otherwise, the order won’t be possible.
In case of the offer is made through electronic exchange (e.g. by e-mail) between the customer and the company and that, therefore, the sale is concluded outside the online sales site www.artmaker.be, the customer expressly accepts that the electronic exchanges constitute the contractual relationship and may serve as proof of its existence.
Obligation of means
The company is bound, towards the client, an obligation of means. The company undertakes to make every effort to complete the order in accordance with the customer’s wishes. However, the company is not required to use resources that are disproportionate in nature regarding the objective to be achieved.
Quotations – Prices and Contract Documents
§1. Agreement may be given by the client by:
- the validation of the order on the website www.artmaker.be and its full registration on this website. The confirmation of the order is sent electronically (email) to the customer by the company.The order confirmation contains the description, the reference, and the price of the item(s) ordered. Any changes made by the customer will result in a change in the order confirmation, and if applicable, the total cost mentioned.
- the oral confirmation (phone) by the client. This is confirmed in writing by the company later;
- written confirmation via email to email@example.com.
2. In case of the quotation drawn up by the company is the subject of an electronic exchange (e.g. by email) between the customer and the company and that, consequently, the sale is concluded outside the online sales website www.artmaker.be, the customer expressly accepts that the electronic exchanges constitute the contractual relationship and may serve as proof of its existence.
§1. In the case of an order cancellation by the customer, the customer shall be entitled to a compensation of 10 % of the order value. This may be required by the company without prior notice.
§2. In case of an order cancellation by the company, for reasons beyond its control (disappearance or shortage of stock, bankruptcy of a supplier, for example and without being exhaustive), the company undertakes to offer items of an equivalent nature to the customer. He is free to accept or refuse.
§3. Discounts or rebates may be granted to the customer. These discounts and rebates are in no way a right of the customer. They are granted in the light of the professional relationship between the company and the customer. They are also strictly linked to the contract in question and may not, in any case, be the subject of a generality.
Delivery Times and Methods
§1. The order confirmation indicates a delivery time. Generally, the delivery time is from 6 to 8 calendar weeks after confirmation of the order for items that are not available in the company’s stock. This period is indicative and does not bind the company in so far as the delivery is provided by a third party carrier. The company is therefore not liable in the case of delays due to reasons attributable to the carrier concerned or to third parties.
§2. Customer expressly agrees for delivery by a third-party carrier. A lump sum covering delivery costs will be added to the amount of the offer, as set out in Article 6. These amounts will be calculated on the basis of the carrier’s tariffs and will be included, indicative in the Annex to these terms & conditions. Transport-related risks are solely the responsibility of the carrier from the moment the order to be delivered by the carrier is taken.
§3. Upon receipt of the order, the customer is required to verify the order before the departure of the carrier or when taking possession. Any defects must be communicated to the carrier immediately, and the order must be refused. The rejected items are returned to the company which will examine whether its liability can be incurred and will, if necessary, send a new order. In any case, if an order is lost, the customer is invited to contact the company by email at firstname.lastname@example.org. The client and the company undertake to find a friendly solution to this loss.
§1. In case of failure to comply, and in the event that the sale relationship is subject to consumer protection legislation, the customer is required to inform the company of the existence of this defect within 7 calendar days taking place on the day of the finding of the defect by e-mail to email@example.com.
§2. In case of failure to comply, and that the sale relationship is not subject to consumer protection legislation, the customer expressly acknowledges that the delivered items meet his order and are free from any apparent defect. The customer is required to inform the company of any other defects, in writing via firstname.lastname@example.org, within 7 days of their discovery.
§3. Any return of item(s), for any reason whatsoever, is the sole responsibility of the customer. the company won’t under no circumstances cover the return costs.
Right of withdrawal
§1. The customer, covered by the consumer protection law incorporated in the Code of Economic Law, has a withdrawal period of 14 days.
This right of withdrawal must be exercised within the framework of Articles VI.47 and VI.53 of the Code of Economic Law and is therefore applicable only subject to compliance with the following conditions:
- the order meets the “remote selling” condition;
- the order does not constitute a “tailor-made” creation, that is, carried out by the company to meet a specific and exclusive need of the customer.
§2. In addition to the above, this right of withdrawal may only be raised if the items ordered have not been used or modified and provided that the original packaging has not been opened.
§3. This right of withdrawal allows the customer to return, at his expense, the items to the company. The company undertakes to reimburse the items provided they have been returned in their original condition (original packaging), and subject to the application of §2 and 3 of this section. The customer must indicate in his withdrawal letter by e-mail to email@example.com, his first and last names, postal address, email address, order number, and specify which items will be returned. The customer will then have 7 days to return the item(s) at his expense.
§4. Provided that the right of withdrawal is exercised in the forms and conditions required by this article, the company undertakes to refund, as soon as possible, the amount paid by the customer for the articles, on the bank account that the customer has communicated to it. The company will only reimburse the items and will not cover any return costs.
§5. Either way, the abusing of the right of withdrawal by the customer, will authorize the company to refuse any subsequent order made by the customer.
Warranty and return of defective items
§1. If, after receipt of the goods, the customer finds a hidden defect, the legal guarantee is applicable. The application of the guarantee consists of a replacement or, in the absence of similar articles, a refund of the articles provided that the customer has not intervened in any way on the articles and has not used them. Any intervention on the items by the customer or by a third party to the company, whatever it is, removes the guarantee. The customer is required to present the guarantee items in their original packaging to the company.
§2. In order to ensure a return under guarantee under the best possible conditions, the terms and conditions set out in Article 9 continue to apply. The cost of returning the items to the company, in case of the guarantee application, is the exclusive responsibility of the customer.
§1. In addition to these terms and conditions, which are fully applicable to online sales, the particulars set out in this section are added.
§2. The articles presented on the online sales website www.artmaker.be are an invitation to order them on a non-binding basis. The operation of the online sales website is determined as follows:
- The customer logs into the company website selects items and put them in his “shopping cart”. He thus expresses his will place the order;
- Customer enters delivery and billing information. The total amount of the order, all taxes included and shipping costs, are indicated to him;
- Upon receipt of a complete summary of the order, the customer confirms his willingness to proceed to the payment step;
- The customer is transparently redirected to the page to determine the means of payment such as bank transfer or credit card. Where applicable, the information related to the bank card used for payment is not known by the company. The confidentiality of the information is thus guaranteed. Transaction costs are borne by the company;
- Payment is requested from the relevant financial institution;
- The client receives the result of the transaction, he can print and retain it as evidence.
- The Company will process and send the package to the customer in accordance with these Terms and Conditions.
§3. The prices of the items listed on the website are valid at the date of the consultation and may change. The final price is communicated to the customer at the time of confirmation of the sale by the company.
§4. By validating the order, the customer signifies his intention to enter into a purchase contract subject to these terms and conditions. He also certifies that all the data mentioned about him are correct and valid. The company cannot, in any circumstances be held liable for any errors in this regard.
§5. The delivery of the goods constitutes acceptance of the offer made by the company. The company remains free to accept or refuse the order. The order confirmation email sent to the customer is only a confirmation of the order receipt.
§6. If the items ordered are unavailable, the company will inform the customer. The customer is free to place a new order.
By validating his online order, the customer certifies that he is 18 years old. Failing this, only the customer is responsible. The sale cannot under any circumstances be declared null and void, and the liability of the company in question for that reason.
§1. Items ordered online remain the property of the company until full payment is made.
§2. Payment of items is made through the highly secure service provider “PayPlug» when placing the order.
§1. In addition to the elements set out in the disclaimer on www.artmaker.be, the entire content of the company’s website is the property of this one. This content is protected by copyright. As such, it may not be copied, reproduced, or used for purposes other than those assigned to it without the permission of its owner.
§2. The company, while making every effort to ensure the availability of the website at any time, won’t be held responsible in the event of its unavailability. In addition, the website may be modified at any time for repairs, maintenance, implementation of new installations or functions, or adaptation of content.
§3. The company cannot guarantee the compatibility of the website with any computer hardware or software used by the customer.
§4. The company cannot be held responsible in the case of a virus or other element affecting the customer’s computer equipment or for the fact of a third party.
UUsername and password
When registering, the client is asked to choose an identifier (mainly corresponding to his email address) and a password. The client is solely responsible for the confidentiality of these. The customer may at any time change his ID and/or password in accordance with the instructions contained in the website.
Confidentiality and Protection of Personal Data
§1. When ordering an item, the company becomes aware of confidential and/or personal information about the customer. The company is bound by strict confidentiality in this regard. The company cannot under any circumstances disseminate the information which it has become aware of. They won’t be the subject of any communication or assignment to third parties.
§2. In case of non-compliance with this confidentiality principle, both the company and the customer, may demand compensation, by the party involved, for the damage suffered.
§3. Any personal data concerning the client, individual, covered by the Privacy Act of 30/07/2018 is treated in compliance with that Law as well as in compliance with European Regulation 2016/679 (“GDPR”). They are kept only for company-specific shares and are not, under any circumstances, transmitted to third parties for marketing purposes.
The customer has the possibility:
- to oppose, on request and free of charge, the processing of personal data for direct marketing purposes;
- to access, free of charge, the data about him held by the company and to obtain rectification of data that would be incomplete, inaccurate or irrelevant.
- to oppose, for serious and legitimate reasons, the processing of the data stored;
- to request the deletion of his data from the company, provided that their retention is not imposed by a legal obligation;
- dto request the portability of its data held by the company to a third party;
- to withdraw consent to data processing based solely on consent at any time.
§4. The company may disclose personal information to third parties at the request of any authority legally authorized to do so. The company may also disclose them if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property, or if the company considers that the customer represents a danger for himself or for a third party.
§5. In accordance with the applicable legislation, in the European Union and in Belgium, the company uses reasonable security measures in order to prevent any misuse and non-access authorized to the personal data of the customer and third-party users.
§§1. Any claim by the customer must be made immediately orally, confirmed in writing no later than 3 days after receipt of the articles and/or articles.
The company is committed to making every effort to find a friendly solution that suits all parties.
§2. Provided a claim is made by the customer within the time limits set out in §1, and provided the company accepts it, the amount of the claim will be limited to the value of the articles concerned.
Dispute resolution and competent courts
In case of dispute, mediation between the company and the client is preferred. If, however, no agreement is possible, the competent courts are those of the canton and the judicial district of the company’s registered office.
The possible nullity of a provision of these terms and conditions may in no way affects the nullity of the whole. If a provision is rendered null and void, an alternative provision to achieve the same effect will be entered into.
Application of Belgian law
All provisions not specified in these terms and conditions are governed by Belgian law in force at the time of the contract conclusion.
Shipping charges package
Preparation, packaging and transport costs are indicated at the time of ordering. These fees do not include any customs taxes.
® All rights reserved - Legal PME - 09/2019. This document is made available to the customer and is intended for the use of the company. It can not, under any circumstances, be transmitted to a third party without the express written agreement of its author. The modification of this document after sending, engages only the responsibility of the customer. In no case the editor is responsible for a modification made without advice from him.