General terms and conditions
1. General
1.1. These general terms and conditions (hereinafter: "General Terms and Conditions") govern the use of the website www.artroomshop.com (hereinafter: the "Website") of Living is Art, a company established at Emiel Lossystraat 51, 9040 Ghent, with company number BE0898963534 (hereinafter: "Art Room").
1.2. In certain cases, Art Room will act as the seller of the goods, while in other cases Art Room will act as an intermediary between the customer and the seller of the goods. Where Art Room acts as an intermediary, the customer will purchase the goods directly from the seller of the goods (and not from Art Room).
1.3. The Art Room Website is created on behalf of and is managed by Art Room. Users may not 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 Terms and Conditions. The General Terms and Conditions are published on the Website and will be included with each order confirmation. Acceptance of the General Terms and Conditions is necessary to place a valid order.
1.6. The General Terms and Conditions prevail over any conflicting general terms and conditions of the customer.
1.7. The General Terms and Conditions may be amended at any time. Amendments will be published on the Website and will enter into force ten (10) days after 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 must be at least eighteen (18) years of age to place an order.
2.3. An order can only be placed on the Website www.artroomshop.com.
2.4. In order to make a purchase, the following steps must be taken by the customer:
– Visit the detail page of the item you wish to purchase and click “Add to Cart”. You can access your Cart at any time by clicking the Cart Page link, which is located in the header of the site.
– From the Shopping Cart page, you can proceed to the checkout process. If you are not logged into Art Room at this point, you will be prompted to do so or create an Art Room account if you are not already registered. This will allow Art Room to calculate shipping and handling charges and applicable taxes.
– You will be presented with an overview of the costs of your order and can continue with the checkout process by selecting your preferred payment method.
– Once the checkout process is complete, you will receive an email confirming your order.
2.5. Art Room undertakes to process orders placed on the Website while stocks last and within the limits set out in these General Terms and Conditions. The order can only be processed if the customer is clearly identified in accordance with article 8.
2.6. Art Room reserves the right to refuse an order in case of serious suspicion of abuse of rights or bad faith.
2.7. A purchase is only final after acceptance of these General Terms and Conditions, the applicable price and the description of the offer.
2.8. When the order is placed, Art Room will confirm the order by e-mail and after confirmation by Art Room the order becomes final and binding.
3. Payment
3.1. The currency of the applicable prices is stated on the Website.
3.2. The applicable prices are the prices stated on the Website at the time of ordering.
3.3. The applicable prices are inclusive of value added tax (VAT) but exclusive of any delivery charges. The extent of the delivery charges depends on the size, weight and price of the goods, the origin of the seller and the destination of the customer, and will be added at the time of checkout.
3.4. Delivery costs are for the account of the customer at cost price. These costs are indicated before the order is finalized.
3.5. All taxes and/or applicable duties of any nature whatsoever shall be borne by the customer.
3.6. Payment must precede delivery.
3.7. Art Room accepts payments by credit card, PayPal or bank transfer, and the order will be processed after receipt of payment by Art Room.
3.9. Art Room is not liable for any damage resulting from fraud or any other illegal act by means of a bank card or credit card.
4. Delivery
4.1. Delivery will be made to the address specified by the customer at the time of ordering. If an order cannot be delivered to the address specified by the customer, Art Room has the right to terminate the agreement without prior notice. The customer will be notified in writing, by telephone or by e-mail in the event of such termination. If the customer provides an incorrect address, any additional shipping costs will be charged to the customer.
4.2. The risk of loss or damage to the ordered goods shall pass to the customer from the moment of delivery of the goods by the carrier.
4.3. The delivery period starts upon receipt of payment. Delivery will take place as soon as possible. The delivery period stated on the Website is only an indication and therefore not binding for Art Room. If a delivery takes place on a different date than stated on the Website, the customer is not entitled to any compensation.
4.4. Art Room is not responsible for any delay or non-delivery attributable to the carrier.
4.5. Transfer of ownership takes place upon receipt of full payment for the goods.
5. Right of withdrawal
5.1. Any consumer (i.e. any person purchasing a good for non-commercial purposes) and European resident has the right to withdraw from his order during a period of fourteen (14) calendar days, without the need to provide a reason for exercising this right of withdrawal. This period of fourteen (14) calendar days begins on the day after delivery.
5.2. During this period of fourteen (14) calendar days, the consumer will treat the goods and the packaging with care. The consumer will only unpack the goods to the extent necessary to assess whether the goods meet the specifications as stated in the offer.
5.3. Returns of ordered goods can only be accepted if the item is not soiled, damaged or spoiled and is still in its original packaging.
5.4. In order to exercise the right of withdrawal, the consumer must inform Art Room before the expiry of the aforementioned period of fourteen (14) calendar days. The consumer must inform Art Room of this via a message on the contact page of the Website or by e-mail to info@artroomshop.com.
5.5. The consumer must return the ordered item in the same way as it was delivered to the consumer (e.g. insured shipping by a carrier).
5.6. All costs associated with returning the ordered item are at the expense of the consumer.
5.7. The consumer must prove that the goods have been returned to Art Room or the sender (e.g. by means of a proof of postal delivery) before the expiry of fourteen (14) days, starting from the day after the day on which the consumer informed Art Room about the exercise of his right of withdrawal. If the consumer has not returned the delivered goods after the expiry of the aforementioned period of fourteen (14) calendar days, the sale becomes final.
5.8. The above right of withdrawal does not apply if the goods are purchased from a non-EU partner or by a non-EU resident.
6. Responsibilities and warranties
6.1. Any problem or defect relating to the delivery of a good, damage or qualitative deficiencies must be reported via a message on the contact page on the Website or by e-mail to info@artroomshop.com.
6.2. In the event that an order needs to be returned to Art Room or the original seller, this will be done in accordance with the provisions of Article 5.
6.3. In no event shall Art Room, its employees, agents, suppliers or contractors be liable for any damages of any kind or character, including but not limited to compensatory, incidental, direct, indirect, special, punitive or consequential damages (including but not limited to loss of use, loss of data, loss of income or profits, loss of or damage to property, claims of third parties, or other losses of any kind or character or attorneys' fees).
6.4. Art Room is also not liable for:
– any damage resulting from a counterfeit good or from a good that is not authentic or does not have the correct certificate;
– any damage or accident caused by the customer or third parties;
– any abnormal or unusual use of the property;
– any case of force majeure.
7. Force Majeure
7.1. Situations of force majeure that prevent the performance of the agreement include, but are not limited to:
– natural disasters, earthquake, storm, fire, flood, etc.;
– armed conflict, war, terrorist attack;
– labour disputes, total or partial strikes affecting postal distribution, public services, etc.;
7.2. The party invoking force majeure shall immediately inform the other party of the occurrence and its termination.
7.3. The occurrence of a situation of force majeure releases both Art Room and the customer.
7.4. The parties shall be released from their obligations under the agreement if the situation of force majeure lasts 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 all information he or she provides.
8.3. The customer must follow a registration procedure for the first online order. After that, 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 as the signature and the express acceptance of all transactions on the Website.
9. Responsibility for the use of the Website
9.1. The Art Room Website is intended to provide general information to the customer about the goods offered. Art Room does not guarantee that the information provided is up-to-date, correct or complete, nor does Art Room guarantee the quality of such information in any other respect.
9.2. Art Room has the right to interrupt or terminate the Website at any time for maintenance, updating or for any other reason, even without prior notice.
9.3. Third party websites require Art Room's permission to place a link to the Website on their own website.
9.4. Art Room cannot be held liable for:
– any incorrect information on the Website (for example 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, from a system malfunction, the intrusion of outsiders or from a virus;
– any event that can be qualified as force majeure.
10. Protection of personal information
10.1. Art Room collects and stores personal information from customers in a database.
10.2. Such personal information may include the customer's name, address, email address, date of birth and any other information the customer chooses to provide on the Website.
10.3. This personal information will not be used for commercial purposes, other than to improve the quality of the customer's use of the Website.
10.4. The customer has the right to access, modify or correct his or her personal information. The customer can exercise this right by sending a registered letter to the following address: Emiel Lossystraat 51, 9040 Ghent, Belgium, via a message on the contact page on the Website or by e-mail to info@artroomshop.com.
11. Cookies
11.1. A cookie is a text file assigned and stored on a user's computer by a web server to uniquely identify the browser on a particular computer for record-keeping purposes.
11.2. Art Room uses cookies to collect aggregated information about the use of the Website, to identify users when they return to the Website, to track navigation patterns of use, and to access user preferences.
Art Room does this to improve the quality of the customer's visit to the Website, to gain access to the customer's preferences and to personalize the Website to the customer's needs.
11.3. Art Room uses temporary cookies to ensure that the customer is recognized when he or she moves from page to page on the Website, and to ensure that information entered by the customer on the Website is not lost while the customer navigates through the Website.
11.4. Art Room also uses persistent cookies to remember a customer's subsequent visits to the Website, allowing Art Room to provide the customer with a more enhanced, efficient and personalized experience when he or she returns to the Website.
11.5. If the customer does not want cookies on his or her computer, he or she can instruct his or her browser to refuse or delete the cookies. However, this will limit the system performance of the Website and may even cause certain functions of the Website to fail.
12. Intellectual property
12.1. The artist remains the owner of all intellectual property rights of his or her property, 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 consent is necessary for any exploitation of these rights. The rights of the customer on the purchased property are therefore limited to a right of private use, excluding any right of representation or reproduction.
12.2. The Website itself and all elements presented on this Website (e.g. photographs, images, designs, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software programs, etc.) are protected by copyright 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 written permission from Art Room.
13. Jurisdiction
13.1. Any dispute relating to these General Terms and Conditions falls under the exclusive jurisdiction of the courts of Ghent (Belgium).
13.2. These General Terms and Conditions are governed by Belgian law, excluding the provisions of the Vienna Sales Convention on the International Sale of Goods.