Article 1. Scope of the general terms and conditions
All contracts and offers regarding the customised products of the arts2be trademark provided by HYPERSOURCES (the « Seller ») are subject to these general terms and conditions to the exclusion of those of the Client.
The Client declares having read these terms and conditions of sale before placing his order. As such, placing his orders implies acceptance of these general terms and conditions of sale without restriction or reservation.
Article 2. Product ordering
Unless otherwise specifically agreed to by the Seller, orders can be placed by the Internet on following site www.arts2be.com or in the gallery-shop arts2be (25A, rue des Brasseries, 1300 Wavre, Belgium). The Client bears all telecommunication costs for accessing the Internet and any costs related to using the site.
Taking the order is subject to a procedure for which the main phases are the following:
- Selecting the order(s)
Choice of product model, colour, material, and artwork to be printed.
Access phase 2 by clicking the « Order » button.
- Validation of the order in three steps
2.1 Identification : creation of a Clients Account, listing the Client’s contact details, language of communication, email address, or authentication through an existing Clients Account;
2.2 Recapitulation of the order :
– The Client states his invoice address and delivery address.
– Order visualisation: ordered article(s) and total order amount.
During this step, the Client has the possibility to verify and if necessary correct the contact details he has entered during the ordering process.
– The Client is offered a link to these terms and conditions of sale. The Client has to check the box « I accept the terms and conditions of sale » to go to the next step.
– The Client has the possibility to subscribe to the Seller’s newsletter by checking the corresponding box.
The order validation is completed when the Client clicks the « Pay » button ;
2.3 Payment (see Article 6)
- Order Confirmation
– The Client receives a confirmation of his order on his email address which he has entered into his Clients Account with a link to these general terms and conditions of sale.
– The Client receives an email confirming dispatch when the Seller hands over the order to the Transporter (see Article 7).
The contract is not subject to archiving. However, a data tracking acceptance of contract documents through a click is retained by the Seller for purposes of proof of this acceptance and the transaction.
Article 3. Product price
The total price (in Euros) to be paid by the Client consists of the product price, packaging costs and delivery costs. The Client will be informed of this price at the time his order is validated.
All orders placed on the website and dispatched outside of Belgium might be subject to possible taxes and customs duties. These delivery-related costs are at the Client’s expense and are his responsibility. The Seller is not obligated to inform the Client of any applicable taxes or customs duties in the country of delivery.
Article 4. Payment
In order to definitively validate his order, the Client is redirected to the payment area.
All purchases are made by bank card (Eurocard-Mastercard, Visa or maestro-bancontact) via the secure payment server Ogone.
The Client then has to fill in certain information related to the used bank card : holder’s name of the bank card, bank card number, bank card expiration date and the cryptogram number.
The order will be considered valid and the purchase complete after confirmation of the bank’s payment agreement. In case the bank refuses, the order will be automatically cancelled.
In any case, the Seller reserves the right to refuse any order or any delivery in case of dispute with the Client, in case of complete or partial non-payment of a previous order by the Client, or by a bank’s refusal to authorise a payment by bank card. As such, in case of dispute, the Seller cannot under any circumstances be held liable.
After payment and validation of the banking data, an order confirmation will be sent by email to the Client, to the address filled in during the creation of the account. The confirmation contains a specification of the ordered articles. The transaction number serves as invoice. The Client can contact the Seller at following address :email@example.com in order to obtain more copies of the invoice. The Seller may use the communicated email address to keep the Client informed on the status of his order (order being processed/ order payment validated via Ogone / order in preparation / order dispatched / order closed).
Article 5. Delivery
Delivery is being made at the delivery address given by the Client during validation of his order. If order is made in the gallery-shop, the client withdraw his order at that location only.
The average delivery period is 30 calendar days. This however may vary depending on product preparation time (if leather type choose is to be ordered) and country of delivery. In any case, the term will be prolonged during the months of July and August and will depend on preparation time, since the product will be customised.
The Seller declines all liability should the average period be exceeded since this is only an approximation.
The delivery will be made by the Transporter FedEx, or another Transporter chosen by the Seller. The delivered products remain property of the Seller until being handed over to the Transporter.
At the moment the products are being handed over to the Transporter, the Client will be informed of this by email. He authorises the Seller to communicate his contact details in order to make the delivery, including his email address so he can, if necessary, receive the Transporter’s information regarding the progress of the delivery.
The Seller declines all liability in case of loss, damage (damaged product, wet, punctured or opened parcel) or delay caused by the Transporter during Transport. Insofar as the delivery costs should include an insurance concerning delivered products, the Seller will pass on the benefit to the Client.
Article 6. Right of withdrawal
Since the products were made according to customer specifications and clearly customised, the latter cannot exercise his right of withdrawal, in accordance with article VI 53 3° of the Code of Economic Law. Neither can the product be exchanged.
The Seller wishes to bring to the Client’s attention both the time and attention necessary for the creation of the ordered product.
Article 7. Guarantee of conformity
The Client has to ascertain himself that the product or the products that have been delivered to him correspond with his order. If the delivered products are not in conformity with his order, the Client has to inform the Seller by email at firstname.lastname@example.org while referring to his order number.
The Seller responds to the Client for any lack of conformity which exists at the delivery time of the product and which occurs within a timeframe of two years counting from the delivery. Lack of conformity exists when the product does not correspond with the description given by the Seller or when the product is not fit for its normal use. The simple and normal wear and tear of the product does therefore not constitute a lack of conformity. Complaints which have been duly drafted and reported to the Seller are open in case of lack of conformity, within a maximum period of two months from the date of discovery. Within the framework of said complaints, the Client can only demand the reparation or replacement of the product either by an identical product provided that such a product still exists in the collection presented by the Seller, or by another similar product.
Article 8. Protection of personal data
Collecting personal data of the Client is necessary for registering, processing, and delivering the orders as well as for drafting the invoices.
The Seller commits himself to processing these data according to the provisions of Belgian legislation for personal data protection.
By confirming your order, you authorise us to disclose all personal data necessary for the processing of the order by our suppliers, partners, and other public or private institutions whose intervention is necessary for a complete order service, secure transaction, packaging, transport, and delivery.
If the Client subscribes to the Newsletter at the moment of validating his order, he allows the Seller to electronically communicate to the Client events related to new collections or other events. The Client can at any time unsubscribe, by clicking on the link at the bottom of the email containing the newsletter, or by disabling his Clients Account.
The personal data will under no circumstances be sold or delivered to third parties for marketing purposes.
The Client disposes of a right of access, of modification, rectification and suppression of all data which concerns him. In order to exercise this right, the Client has to send an email to email@example.com.
Article 9. Intellectual property rights
The « arts2be » trademark as well as the entirety of the other trademarks, figurative or not, and more in general all other trademarks, illustrations, images, videos and logos depicted in the arts2be articles and on the website, their accessories or parcels, whether delivered or not, are and remain the exclusive property of the HYPERSOURCES company.
Likewise, the Seller is the exclusive holder of the intellectual property rights with regard to the customised products of the arts2be trademark.
Any reproduction, total or partial, modification or usage of the trademarks, products, illustrations, images and logos, for whatever reason or on whatever medium, is strictly forbidden without prior and express consent of the Seller.
Article 10. Liability – Force majeure
The Seller is not liable for any possible « screen/reality » differences in colour nor for customisation choices of the ordered product that would not be suitable.
The Seller is not liable for the degradation of the product or consequential damages due to non-compliance with maintenance instructions, which are provided with the product.
Moreover, the fulfilment by the Seller of all or part of his obligations will be suspended upon the occurrence of a fortuitous event or force majeure which would impede or delay said fulfilment. Are considered as such, notably, without this list being exhaustive, war, riots, insurrection, civil unrest, strikes of any nature, and supply problems of the Seller. The Seller will inform the Client of any probable fortuitous event within seven (7) days of occurrence.
Article 11. Dispute – Applicable law – Competent courts
These Terms and Conditions of Sale are subject to Belgian law.
In case of any difficulty arising in connection with the order or the delivery of the arts2be products, the Client will have the possibility, prior to any legal action, to seek an amicable solution, notably with the help from a consumer association or any other counsel of his choice, or use any other alternative means of dispute resolution.
Any dispute which may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences will be subject to the exclusive jurisdiction of the Belgian courts, especially the courts where the Seller has established his registered office.
Article 12. Identification of the Seller
The HYPERSOURCES company is a private limited liability company under Belgian law, with its registered office at
Avenue Chevalier Jehan, 32 in 1300 Wavre.
Company registered with the Crossroads Bank for Enterprises under number BE 0539.862.606.
Telephone :+32 10 60 54 24
Fax :+32 10 60 54 24
Email address : firstname.lastname@example.org