General conditions of sale

Last updated on: 21/11/2024

1. Scope of application

These general conditions are applicable to all transactions made on the website: https://www.lauraferrari-fineart.com, administered by Laura Ferrari, hereinafter referred to as "the seller". Any natural or legal person making a purchase on said website is hereinafter referred to as "the customer".

The customer acknowledges that he has been informed that the seller was hosted fiscally (VAT registration) and commercially (ECB registration) by the ASBL Créa-job and this in application of the Walloon Decree of 15.07.2008 relating to support structures for self-creation of employment.

The client acknowledges that ASBL Créa-job is not its co-contractor.

These general conditions of sale exclude, in the absence of written acceptance by ASBL Créa-job, all general and specific conditions of purchase of the customer.

No deviation from these general conditions of sale will be permitted without written confirmation from ASBL Créa-job.

By placing an order, the customer acknowledges having had access to these general conditions, having read them and accepted them expressly and without reservation.

The seller reserves the right to modify the conditions of sale at any time. In all cases, the applicable conditions will be those in force on the date of the order by the customer.

2. Price, payment and taxes

Unless otherwise stipulated, our prices are exclusive of VAT.

* In Belgium, the VAT rate is reduced to 6% for:

* the sale of a work of art by its author;

* art prints made under the supervision of the artist, signed and numbered within the limit of thirty copies, all formats and media combined.

* For deliveries within Europe, the OSS regime applies, which means that the applicable VAT rate depends on the country in which the goods are delivered.

The seller reserves the right to change its prices at any time, without notice. The effective price for a purchase corresponds to the price in effect at the time of the order by the customer.

The items ordered remain the exclusive property of the seller until full payment of the sale price has been received.

3. Order

The product catalog and their description on the site https://www.lauraferrari-fineart.com does not constitute an offer as such. It is therefore not sufficient to order a product on the said site for the sales contract to be formed. The sale will only be concluded upon receipt by the customer of the confirmation email sent by the seller.

To place an order, a valid email address is required, as well as customer contact details.

Each customer is responsible for the security of his account against any fraudulent use and must use a sufficiently complex password, which must remain strictly confidential. Any case of fraudulent use of the account must be reported to lauraferrari.fineart@gmail.com as soon as possible.

For security reasons and to ensure efficient delivery, the seller reserves the right to request additional information or to refuse to execute the order in the absence of an adequate response. The seller may also refuse to execute orders in the event of a dispute with the customer during a previous order, in the event of total or partial non-payment of an order, refusal of payment authorization by banking organizations or when the order is made by a minor.

The order may be cancelled by the seller in the event of an error in the description of a product or in the indication of its price on the site, despite all the attention paid by the seller to the accuracy of this information.

4. Delivery and costs

Shipping costs are the responsibility of the buyer. These costs are calculated based on the dimensions of the goods ordered and the country of delivery.

Delivery times are given for information purposes only. Consequently, no delay in delivery may give rise to the termination of the sales contract by the customer or to the payment of damages by the seller.

Delivery is made to the address indicated by the buyer or by collection from a relay point chosen by the buyer when ordering. Delivery is deemed to have been made upon delivery of the order to the customer by the carrier, as evidenced by the control system used by the carrier.

Orders can also be collected directly and free of charge in Morlanwelz.

5. Information on the works

The works offered for sale are described and presented as accurately as possible. Although the seller strives to provide photographs faithful to the original products, it is possible that the colors on the screen differ slightly from reality. The seller cannot be held responsible for this variation.

The seller undertakes to honour orders within the limits of available stocks. If an item becomes unavailable after the order, the seller undertakes to promptly inform the customer and offer them either a similar product or a full refund. The seller reserves the right to adapt the items offered on the website at any time and without notice.

6. Guarantees:

6.1. Client acting for professional purposes:

Any complaint of an apparent defect or lack of conformity affecting the products delivered must be notified to the seller within 7 days of delivery of the products.

Any complaint of a hidden defect in the products delivered must be notified to the seller within 15 days of the discovery of this defect by the customer or from the moment when he could reasonably have discovered them.

Any legal action relating to hidden defects must be brought within 30 days from the discovery of the defects by the customer or from the time when he could reasonably have discovered them, or from the day of the failure of negotiations with a view to an amicable settlement.

No product may be returned to the seller without prior written consent from the seller.

For a period of one year from delivery of the products, the seller's warranty is limited exclusively either to the repair or replacement of defective products, or to the restitution or reduction of the invoiced price, without other compensation.

Furthermore, the seller's liability is excluded in the event of damage caused jointly by a defect in the products delivered and by the fault of the victim or a person for whom the victim is responsible.

The warranty expires after this one-year period.

6.2. Client acting for non-professional purposes:

The legal guarantees provided for in Articles 1649 bis to 1649 octies of the Civil Code and in Articles 1641 to 1649 of the Civil Code are applicable.

7. Force majeure

The occurrence of any event such as in particular any interruption of production, transport or delivery, strike, lockout, embargo, war, terrorist attack or consequence of an attack, shortage of raw materials, epidemic, bad weather and more generally, any events of a similar nature affecting the parties or their suppliers and delaying or making impossible the execution of their respective obligations, suspend the execution of their respective obligations.

The party invoking such an event shall notify the other party as soon as possible of proof of its occurrence.

The performance of its obligations will be suspended until notification of the end of the event, it being understood that neither party may claim any compensation from the other party.

The parties will make every effort to reduce the difficulties and/or damage caused.

If the force majeure lasts more than 60 days, the parties will make every effort to renegotiate the further performance of the contract.

8. Right of withdrawal

8.1. General

In accordance with the Code of Economic Law, the customer has the right to notify the seller that he is canceling his purchase, without penalty and without having to justify his decision, within 14 clear days from the day after the day of delivery of the goods. Once his wish has been expressed, he has a new period of 14 days to return his purchase.

To exercise his right of withdrawal, the customer must communicate by e-mail to the address lauraferrari.fineart@gmail.com or by post to Laura Ferrari, Rue général de Gaulle, 15 in 7140 Morlanwelz, within 14 days from the date of delivery, his decision to withdraw by using a return form (this withdrawal form appears in Appendix 2 of Book VI "market practices and consumer protection" of the Code of Economic Law - https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf - the seller can provide a copy, upon request, by e-mail to the address lauraferrari.fineart@gmail.com).

The right of withdrawal is only applicable on condition that:

* the items are not damaged and are in perfect condition;

* the items are complete and in their original packaging;

* the items have been stored in a dry place, away from light, heat and

humidity;

* the items are accompanied by their purchase invoice.

Furthermore, in accordance with Article VI. 53, 3° of the Code of Economic Law, the customer cannot exercise the right of withdrawal for the supply of goods made to his specifications or clearly personalized.

The customer will then receive instructions on how to return the product without undue delay and in any event no later than 14 days following the communication of withdrawal.

The product must be returned at the customer's expense, to the postal address Laura Ferrari, rue Général de Gaulle, 15 in 7140 Morlanwelz.

The seller sends a confirmation email after receiving the customer's decision to withdraw and after receiving the package, provided that the return is acceptable.

The seller reserves the right to issue only a partial refund if the returned purchase is found to be damaged or incomplete.

8.2. Reimbursement:

Within 14 days of communicating the customer's decision to withdraw to the seller and after recovery of the products by the seller, all amounts paid will be refunded via the same means of payment as that used by the customer when purchasing (less shipping costs), if the return is accepted by the seller.

The seller reserves the right to defer reimbursement until the product is recovered.

8.3. Non-conformity:

In the event of non-compliance with the order, the customer is required to inform the seller within 24 hours of receiving the order by email to lauraferrari.fineart@gmail.com.

The email must contain the order number as well as an explanation detailing the non-conformity and a photo supporting his statements.

8.4. Defective item:

The products are packaged and shipped with the utmost care in order to reduce the risk of deterioration during shipping. If, despite all precautions, the package arrives damaged, the customer must report any deterioration within 24 hours of receiving the order with a photo of the products and the shipping box by email to lauraferrari.fineart@gmail.com.

The buyer can then return the package free of charge and opt for a refund or exchange, subject to acceptance by the seller.

9. Intellectual property

9.1. Concerning the elements present on the site

All elements present on the site https://www.lauraferrari-fineart.com, including texts, drawings, photographs, packaging, videos, data, domain name and other elements, remain the exclusive intellectual property of the seller.

Total or partial reproduction, copying, in any form and by any means, is strictly prohibited without the prior written permission of the seller. Any breach of this clause could result in civil, commercial and/or criminal prosecution.

9.2. Concerning the goods sold

The acquisition of a good (original painting or art print) gives the customer ownership of the physical medium, but does not constitute a transfer of copyright or property rights. Any use, reproduction or distribution of the work outside the private sphere requires the prior authorization of the seller.

In accordance with Belgian intellectual property law (articles XI.165 et seq. of the Code of Economic Law), the seller retains all rights relating to the work sold, including, but not limited to, reproduction, representation and distribution rights.

10. Contact

For any questions or complaints, the customer can send an email to: lauraferrari.fineart@gmail.com

11. General

The invalidity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses.

Where applicable, the parties undertake to replace the void or inapplicable clause with a valid clause which is the closest from an economic point of view to the void or inapplicable clause.

The fact that the seller does not avail himself of these general conditions of sale at a given time cannot be interpreted as a waiver of the right to avail himself of them subsequently.

Any communication and notification between the parties will be validly made by e-mail.

The parties accept, within the framework of their relationship, electronic means of proof (e.g.: e-mails, backups, etc.).

The obligations assumed by the seller in the context of online sales are considered as obligations of means in accordance with Article 5.72 of the Belgian Civil Code. Under no circumstances may the seller be held liable for damages resulting from the use of the Internet and online payment, such as loss of data, intrusions, viruses, service interruptions, or any other involuntary problem.

The seller's liability may not be directly or indirectly invoked, for any reason whatsoever, in the event of a fault in the performance of its services, unless there is fraudulent intent or intentional fault.

12. Applicable law and jurisdiction

These general conditions are governed by Belgian law, even in the event of a warranty claim.

Any dispute relating to the formation, execution, interpretation of these general conditions of sale as well as any agreements to which they apply and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of Liège (Belgium).