General terms of sales

Article 1 - Identification and purpose

The goal of the site www.artelios.be is to promote and facilitate the sale of art works around the world. 

This online sales activity is related to the Eloi Robin gallery, which is located at 4000 Liège, 10 sœurs de hasque street, and registered under the business number BCE 598.234.434.

The website has a free access.

Article 2 - Scope and modification of the general conditions of sale

The general conditions of sale apply to all orders placed on the website www.artelios.be

Any order placed on this site implies full acceptance of these terms and conditions of sale which are accessible at any time on the site.

Any consumer who intends to acquire a property for sale on the website should have a full legal capacity.

An incapacitated person cannot buy from the site according to Article 1123 and following of the Civil Code.

Accordingly, the consumer must be fully aware that the agreement and the content of these terms and conditions, the handwritten signature is not required in this document.

The online shop set up in the website states the following information: 

• Precise identification of the activity in the legal notice; 
• Presentation of the essential characteristics of the proposed properties; 
• Indication in euros of the price of the goods, as well as, if necessary, of the expenses of delivery;
• Indication of payment and delivery terms; 
• Indication of a right of withdrawal;

The general conditions of sale are in effect starting from the day of the validation of the order.

If a provision of these terms and conditions is declared inapplicable for any reason, this inapplicability will not affect the application of other provisions of the general conditions. 

The inapplicable condition would be replaced by a provision  as soon as possible

Article 3 - Order

3.1. Validation of the order by the consumer

The order is validated once the work has been selected and the consumer's payment details have been registered. 

The "double click" of the consumer under the purchase order functions an electronic signature that has, between the parties, the same value as a handwritten signature. 

The double click and the acceptance of the general conditions of sale (checkbox) represent an irrevocable and unreserved acceptance of the order by the consumer. 

3.2. Confirmation of the purchase by the seller 

The confirmation email is sent within 24 hours by the seller when the order is validated by the customer. 

If for any reason the work is no longer available, the order is canceled and the consumer is refunded within 7 working days.

An email is then sent to the buyer to inform him.

Article 4 - price - terms of payment

4.1.   Price

Prices are displayed in EURO, Belgian VAT is included.

The displayed price does not include delivery charges for any delivery to Belgium, packing and insurance.

If the delivery is outside Belgian territory, any increase in the price of delivery will be paid by the customer.

This surcharge is added to the price of the work when the customer validates the purchase and enters the delivery address.

Depending on the country of delivery, tax rules and other fees may vary. All of these taxes and fees are paid by the customer.

The buyer can view a summary of his order to know the total price and taxes before the order is validated, he may also check the accuracy of his personal data.

4.2. Authorized means of payment

To pay your order, the customer has all the following payment methods:

Visa

American Express

Mastercard

…

4.3. Securing the payment

The seller can choose the tool to secure efficient payments.

The seller opted for HIPAY. The general conditions in effect are those that the customer can find on the website www.hipay.com.

Article 5 - place and terms of delivery

5.1. Withdrawal at the Gallery

Art works can be picked up at the Eloi Robin Gallery at 4000 Liège, 10 sœurs de hasque street.

The consumer will have no additional costs in this case.

The work may be picked up from the gallery by anyone other than the customer. In this case, the customer must bring his identity card, a copy of the customer's identity card, an express mandate and proof of payment.

Upon withdrawal, an acknowledgment of receipt must be signed by the customer or his agent.

5.2. Delivery

Art works are delivered to the address given by the customer though recognized and efficient carrier.

5.3. Delivery time

The delivery time varies according to the place and country of delivery. It can take from 2 to 6 working days.

The date or delivery time is strictly enforced, but sometimes it can not be respected due to unforeseeable circumstances out the hands of the seller which can make the delivery impossible or substantially more difficult or expensive.

5.4. Receipt of the marchandise

The seller requires the customer to open the parcel in the presence of the driver and to issue specific reservations to the latter in the delivery note in case of any damage.

If the driver refuses to stay for the opening of the package, the customer is entitled to refuse the package.

This procedure allows to enter in the general conditions of the contracted insurance and to claim a possible compensation.

If the customer finds the artwork damaged, in addition to the reservations on the delivery note, he must send a detailed email to the seller at info@artelios.be at the latest within 24 hours of receipt.

5.5. non-compliance product

If the artwork received does not correspond to the product advertised on the site or ordered by the consumer, the latter must inform the seller by email to the address info@artelios.be at the latest within 24 hours.

If the work does not conform, the seller will return an email confirming the address to which the artwork is to be returned.

The artwork must be returned within 7 working days of receiving the seller's email.

In case of non-conformity of the work, the price of the work and the expenses of referrals will be refunded by the salesman within 7 working days of the reception. 

The customer must ensure that the work is returned under the same conditions as the shipment, ie:

- a packaging providing protection

- an insurance up to the purchase value of the work.

Article 6 - Right of withdrawal

The withdrawal period of the customer is 15 calendar days from the date of receipt of the art work.

If the customer wishes to invoke his right of withdrawal, he must send an email to info@artelios.be within the time limit.

Upon receipt of this email, the seller will return an email confirming the address to which the artwork is to be returned.

The artwork must be returned within 7 working days of receiving the seller's email.

In case of return, the price of the work will be refunded by the seller within 7 working days of the receipt of the work by the seller.

The costs of returns of works are the responsibility of the consumer.

The customer must ensure that the work is returned under the same conditions as the shipment, ie:

-    a packaging providing protection

-    an insurance up to the purchase value of the work.

Article  7 – responsibility of the seller

The sale of artwork is a specific sector where it is not always possible to have certificates of authenticity of the pieces sold. 

In the absence of such certificates, it is up to the seller, specialist in the field and expert with the Courts to determine the origin of the art work. 

The proposed art works are the subject of all necessary care and verification. 

However, it is only an informed opinion and not a guarantee in the legal sense of the term. 

In any case, the seller undertakes that the works of art put on sale on the website www.artelios.be are in accordance with their descriptions and the requirements of Belgian law

Article 8 - major force

Both parties must respect the contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or major force.

All irresistible facts or circumstances will be regarded as fortuitous event or major force, external to the parts, unpredictable, inevitable, independent of the will of the parts and which cannot be prevented by them, in spite of all the efforts reasonably possible.

The party affected by such circumstances will notify the other within 7 business days.

Both parties will contact each other within 7 business days to review the impact of the event and agree on the conditions under which the contract will continue to be performed.

If the case of major force has duration greater than three months preventing the execution of the order, it may be terminated by the effected party.

 All cases of major force or fortuitous events are usually retained by the jurisprudence of the courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunication networks or difficulties specific to external telecommunication networks to customers, etc.

Article 9 - proof

In the foregoing provisions, each party must keep a copy of the items exchanged in order to provide evidence in case of dispute.

Computerized records, stored in computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties too.

Article 10 - Customer Service

The seller is available to answer all questions concerning an art work, an artist or any other request to the address info@artelios.be both before the sale and after this one.

Article 11 - respect for privacy and personal data

The personal data of the consumer are treated with great care and confidentiality.

They are collected solely for the purpose of establishing a commercial relationship between parties and can serve as evidence in court.

Article 12 - applicable law and jurisdiction

Relations between parties are governed by Belgian law.

In case of dispute, only the courts of the judicial district of Liège in Belgium are competent.

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