General Conditions

General Conditions

General terms and conditions

Art. 1: Definitions

1.1 Gallery4all

Gallery4allBV:

Current registered office: Poortakkerstraat 7, BE-9051 Sint-Denijs-Westrem.

Company number: 0691.981.964

VAT number: BE0691.981.964

Telephone number: 09 321 85 85

E-mail address: [email protected]

1.2 The Belgian Design Lab

The Belgian Design Lab is Gallery4all an online sales point of Gallery4all. At this point of sale, the online goods are offered for sale to businesses and consumers. They can purchase the goods via the website.

1.3 Buyer

Any person, natural person or legal entity, who concludes a sales agreement with Gallery4all.

1.4 Agreement

The sales agreement concluded between Gallery4all and the Purchaser.

1.5 Ordering

A request to Gallery4all to deliver goods.

1.6 Goods

The goods offered by Gallery4all on its webshop "The Belgian Design Lab".

1.7 Force majeure

An unforeseeable, unavoidable and uncontrollable event, such as but not limited to strike, lock-out, riot, mobilisation, fire, epidemic, (serious) illness, flooding; natural disasters, unworkable weather, government measures, seizure or confiscation, armed robbery, shortage of means of transport, shortage of workers, exceptional traffic disruption and restrictions in energy consumption as a result of which Gallery4all is temporarily or permanently unable to fulfil its obligations towards the Client.

Art. 2: Scope of application of general terms and conditions

2.1 These General Terms and Conditions govern the relationship between Gallery4all and Buyer.

2.2 As soon as the Buyer orders Gallery4all's Goods, it irrevocably and without reservation accepts these General Terms and Conditions and expressly waives other terms and conditions, including its own general and special terms and conditions.

2.3 Any deviation from these General Terms and Conditions will only take place if Gallery4all expressly accepts the deviation in writing and without any reservation.

Art. 3: Formation of an agreement

3.1 Buyer may place his Order via the website of Gallery4all, after which he will receive a confirmation of his Order.

3.2 The Agreement shall only be concluded once Buyer has completed the entire purchase process and only after full payment of the purchased Goods.

Art. 4: Amendment of the Agreement

4.1 Any amendment to the Agreement shall only be made in writing.

In the absence thereof, it will always and irrevocably be assumed that the Agreement will be performed as described in the Agreement itself.

4.2 Any written notification by Gallery4all of an amendment to the Order as described in the Agreement will, in the absence of any written comments from Buyer within 24 hours of dispatch of the notification, be irrefutably presumed to have been irrevocably accepted by Buyer.

Art. 5: Execution of the Agreement

5.1 Delivery

5.1.1.     The purchased Goods will be delivered within a period of 2 weeks. In the confirmation email that Buyer receives after Order, an exact delivery period will be determined, but a deviation of 3 days is possible.

5.1.2.     A delay in delivery allows the Buyer to terminate the agreement between Gallery4all and the Buyer or to claim damages.

5.1.3.     The delivery of the purchased Goods will only take place after full payment of the purchase price owed. As long as payment has not been received, Gallery4all will therefore not proceed to deliver the purchased Goods.

5.1.4.     The transport costs are at the expense of the Buyer, unless they are explicitly included in the Agreement.

5.1.5.                     The Buyer who wrongfully refuses to take delivery of or to collect the Goods offered must pay the resulting costs, irrespective of any other compensation including the agreed price, the interest and the fixed compensation to which Gallery4all is entitled.

5.1.6.     Once the Buyer has taken receipt of the delivered Goods, it can no longer hold Gallery4all liable for visible defects.

5.1.7.     Any complaint about the delivered Goods must, on pain of inadmissibility, be stated on the delivery note issued by the carrier-order whereby the carrier-order keeps double that delivery note in his possession.

5.1.8.     Delivery shall take place at the risk of the Buyer. The risk shall pass to Buyer as soon as the Goods leave Gallery4all's warehouse in Sint-Denijs-Westrem.

5.1.9.     The delivered Goods will remain Gallery4all's property until full payment of the principal sum, costs and interest by the Buyer, whereby Gallery4all will have the right to revise the Goods delivered or the Goods in which the delivered Goods are incorporated until full payment.

5.2 Payment

5.2.1.     Unless expressly agreed otherwise in writing, the price is payable via Bancontact, Visa, Paypal, Mastercard or Maestro. In case of payment by credit card, the settlement takes place at the moment of payment confirmation. Payment is made via an SSL-secured server that sends your credit card details encrypted. Your data will not be stored.

5.2.2.     Payment is made immediately at the time of the Order and not after delivery. As long as the payment has not been received, Gallery4all will not deliver the purchased Goods.

5.2.3.     If Buyer should cancel the Order, the amount paid shall be remitted to him within a period of 14 days.

5.3 Transfer of ownership and risk

5.3.1.     The Agreement between Gallery4all and the Buyer will only be concluded after the Buyer has paid the price owed in full. Ownership of the Goods will therefore pass at the time that Buyer pays the full price.

5.3.2.     Gallery4all itself is responsible for the transport of the purchased Goods. The risk will consequently pass at the moment that Buyer has the purchased Goods in its physical possession

Article 6: Price

6.1 The prices and conditions applicable are those in force at the time of the conclusion of the Agreement.

6.2 The prices of the Goods are displayed on the website.

6.3 The price is always inclusive of VAT.

All other taxes, duties, levies or costs (freight, delivery and postage costs) are always payable by Buyer.

6.4 Gallery4all reserves the right to adjust the prices on its website in function of the increase in production costs.

6.5 The Buyer will not be charged any administrative costs by Gallery4all for the use of the webshop.

Art. 7: Guarantee

7.1 The buyer is entitled to the legal guarantee in accordance with articles 1649bis to 1649octies of the Belgian Civil Code.

7.2 Hidden defects fall within the scope of the warranty if they are detected with due speed and remitted to Gallery4all by registered letter within 7 days, insofar as this is applicable:

- the defect renders the Goods seriously unsuitable for the use for which they are normally intended or for the special use expressly agreed in writing at the time of entering into the Agreement;

- the Goods have been used in a normal manner or at least in the special circumstances expressly agreed in writing at the time of entering into the Agreement;

7.3 Defects that occur due to incorrect and/or improper use of the goods are excluded from warranty, as are problems that occur due to Force Majeure and due to the act or wilfull misconduct of any person, including Buyer or its employees.

7.4 Buyer loses his right to guarantee as soon as he turns to a third party.

7.5 Legal claims relating to the guarantee must, on pain of forfeiture, be submitted within a period of 1 year after timely recall.

Art. 8: Liability

8.1 Gallery4all will not be liable for any damage suffered by the Buyer, with the exception of the damage arising from

- intent or gross negligence on the part of Gallery4all or its employees and this insofar as the Buyer can demonstrate the intent or gross negligence;

- failure to perform an obligation that constitutes one of the main performances of the Agreement, unless in the event of force majeure.

8.2 In the event that Gallery4all's liability is proven, only compensation will be paid:

- direct physical and material damage;

- the direct immaterial consequential damage and the non-material damage

as a result of the damage caused by an accident to delivered Goods, such as explosion, breakage or sudden breakage, short circuit, implosion.

Indirect damage such as, but not limited to, loss of profit, financial or commercial losses, loss of production, increase in general expenses, increased administration costs, loss of or damage to data, loss of contracts, immaterial damage and loss of customers, will thus not be compensated by Gallery4all.

8.3 Gallery4all is not liable for damage to third parties and must not indemnify the Client in this hypothesis, even in the event of gross negligence.

Only in the event that the loss or damage is due to an extra-contractual fault on the part of Gallery4all or its appointees may Gallery4all be sued as compensation for direct physical, material, non-material consequential loss or damage, up to a maximum of 10% of the purchase price of the purchased Goods.

8.4 Any destruction of or damage to the purchased Goods as a result of the Buyer's own fault or that of persons for whom he is responsible or whom he allows or tolerates, will never be at Gallery4all's expense.

8.5 Gallery4all and the Buyer expressly agree that Gallery4all's obligations constitute obligations to perform to the best of one's abilities and not obligations to achieve a result.

8.6 Any compensation to which Gallery4all would be liable vis-à-vis the Buyer may not exceed 10% of the purchase price of the purchased Goods.

Art. 9: Force majeure

9.1 Each case of Force Majeure or coincidence releases Gallery4all by operation of law from any obligation, without the Buyer being able to claim compensation.

9.2 Gallery4all will never be liable for the destruction of or damage to the delivered Goods as a result of force majeure or coincidence.

9.3 In the event that Gallery4all is dependent for the fulfilment of its obligations, for example by a subcontractor or deliveries by a third party, the above provisions will also apply in the event of Force Majeure or coincidence on the part of this third party, if the fulfilment of Gallery4all's obligations would be delayed or impeded as a result.

Art. 10: Termination of agreement

10.1 Cancellation

10.1.1.   Buyer may cancel his Order.

10.1.2.   Buyer will receive a confirmation e-mail from Gallery4all after his Order. In the e-mail he will be informed about the possibility to cancel the Order and how this is possible. The e-mail will contain a link on which the Buyer must click. In this way he will be referred to the web page where he can make his cancellation.

10.1.3.   The Order can only be cancelled within a period of 2 days after the Order has been placed and if a legitimate reason is given. The reason for cancellation must be accepted by Gallery4all. By way of example, Gallery4all accepts the delivery of the wrong Goods as a legitimate reason.

10.1.4.   If the reason for cancellation is accepted by Gallery4all, Gallery4all will, if payment has already been made, reimburse the sum paid within a period of 14 days.

10.2 Cancellation

10.2.1.   The Buyer has the right to revoke the Agreement.

10.2.2.   Buyer may revoke the Agreement within a period of 14 days from the day of receipt of the purchased Goods. He does this by filling in the digital revocation form that can be found on the website and submitting it via the website. Upon receipt of the completed revocation form, a confirmation e-mail will be sent to Buyer.

10.2.3.   Buyer must return the Goods within a period of 14 days after sending the revocation form. Buyer shall bear the costs incurred in this respect.

10.2.3.   Gallery4all must repay the Buyer the price, including delivery costs, within a period of 14 days after receipt of the returned Goods or after proof of dispatch of the Goods.

10.2.4.   Buyer shall be liable for any reduction in value in excess of the reduction necessary to determine the nature, characteristics and operation of the purchased Goods.

10.2.3.   If Buyer invokes its right of withdrawal, it shall bear the costs incurred in returning the Goods.

Art. 11: Penalties

11.1 Dissolution

11.1.1.   In the event of a serious breach of contract by the Buyer, Gallery4all may have the Agreement dissolved, also in the event of force majeure and without payment of any compensation.

11.1.2.   In the event of a serious breach of contract by Gallery4all, the Buyer may have the Agreement dissolved, also in the event of force majeure and without payment of any compensation.

11.2 Compensation

11.2.1.   If Gallery4all fails to perform the Agreement, the Buyer may claim compensation. This may not exceed 10% of the purchase price of the Goods.

11.2.2 If the Buyer fails to perform the Agreement, Gallery4all may claim compensation. This compensation may not exceed 10% of the purchase price of the Goods.

Article 12: Complaints

12.1 Any complaint regarding the delivered Goods may be stated on the delivery note, which is issued by the Carrier Ordering Party and which the Carrier Ordering Party holds in its possession double the delivery note.

12.2 Any complaint may also be sent to Gallery4all by e-mail.

12.3 The Buyer, in his capacity as a consumer, may also contact the ODR platform (= Online Alternative Dispute Resolution platform). This is a platform that settles consumer disputes in an accessible and easy way without the need for any intervention of a judge. More specifically, this can be done via the following link: http://ec.europa.eu/consumers/odr/.

Art. 13: Data protection

13.1 In the context of its services, Gallery4all records the following information about the Buyer: surname, first name, address, telephone number(s), e-mail address(es) and account number. Gallery4all obtains these personal details as a result of an order placed by the Buyer. These details will be included in Gallery4all's databases.

13.2 The Buyer's details will be processed in a lawful, proper and transparent manner. Processing will only take place with a view to cooperation with Gallery4all.

13.3 The data will be stored for up to 5 years after the termination of the cooperation with Gallery4all.

13.4 With regard to the data, the data subject (Buyer) has the following rights:

- the right to inspect the data;

- the right to correct the data;

- the right to have the data erased;

- the right to limit the processing of the data;

- right to transfer the data;

- right to oppose the use of the data for marketing purposes.

Art. 14: Nullity

14.1 The nullity of one or more clauses of the Agreement does not entail the nullity of the entire Agreement.

14.2 The parties undertake to replace the null and void clause(s) by a legally valid clause, or clauses, which will correspond with the original intention of the parties and the spirit of the Agreement, or will correspond as closely as possible with it.

Art. 15: Language

15.1 These General Terms and Conditions may only be consulted in the English language.

Art. 16: Interpretation

16.1.      Every agreement of Gallery4all will always be interpreted in accordance with the intention of the parties and the spirit of the agreement, or as close to it as possible.

Article 17: Settlement of disputes and applicable law

17.1 In the event of a dispute, the courts of the judicial district of East Flanders, Ghent section, shall have jurisdiction.

17.2 Any agreement entered into by Gallery4all shall be governed by Belgian law.

Art. 18: Non-application of a clause

18.1 In the event that Gallery4all does not apply one of the clauses of these terms and conditions, it will not waive its right to invoke that clause at a later date.