Terms & Conditions
Operating seat: Lipsestraat 72, 3150 Tildonk, Belgium
VAT: BE 0775.743.444
Article 1: General provisions
Bricolarts web store offers its customers the opportunity to purchase works of art, various exclusive items and music online.
These General Terms and Conditions (“Conditions”) apply to every order placed with Bricolarts by a visitor to this website (“Customer”). Placing an order through the web store of Bricolarts implies that the customer has consulted these Conditions and expressly accepts their applicability, to the exclusion of all other terms and conditions. Any additional conditions of the customer are excluded, unless they have been expressly accepted in advance and in writing by Bricolarts.
Article 2: Price
All prices stated are expressed in EURO, and always include Belgian taxes and all other obligatory taxes that must be paid by the customer. If delivery, reservation or administrative costs are charged, this will be stated separately. The indicated price refers exclusively to the items as described verbatim. The accompanying photograph is intended for decorative purposes only, and may contain elements that are not included in the price.
Article 3: Offer
Offers are only open to customers residing in the European Union. The items are exclusively intended for normal private use. Despite the fact that the catalogue and the website have been compiled with the greatest possible care and attention, it is nevertheless possible that the information provided could be incomplete or contain material errors.
Obvious mistakes or errors in the offer are not binding on Bricolarts. Bricolarts can in no way be held liable in the event of material, typesetting or printing errors. If you have specific questions about, for example, dimensions, colour, availability, delivery time or delivery method, please contact our customer service in advance (see Article 13). The offer is only valid as long as stocks last, and can be modified or withdrawn by Bricolarts at any time. Bricolarts cannot be held responsible for the non-availability of a product. Bricolarts acts as an intermediary for the artist or seller. All the items are offered for sale by the artist or seller.
Article 4: Purchasing online
The customer can choose between the following payment methods:
- through bancontact
- through Paypal
- through banktransfer
The purchase is concluded when the customer receives a confirmation e-mail from Bricolarts.
Article 5: Retention of title
The delivered items remain the exclusive property of the artist until the customer has effected the full payment.
The risk of loss or damage is transferred to the customer at the time of the delivery, however. If necessary, the customer undertakes to inform third parties of the artist’s retention of title, for example, anyone who could seize the items before they have been paid in full.
Article 6: Penalties for non-performance or late implementation of the obligation
In the event of late or non-payment, the customer shall, by operation of law, pay an interest of 10% per year on the unpaid amount, starting from the date of the default and without notification, without prejudice to any other rights available to Bricolarts.
In the event that one of the parties fails to carry out its obligation, a flat-rate compensation of 10% of the value to which the obligation relates will be payable by operation of law and without notification. In addition, the party that is not in default shall have the right to dissolve the agreement.
Article 7: Delivery and shipment
The customer has the right to collect the works of art himself, or to appoint a carrier for the transport and delivery.
The delivery takes place at the time the work of art is received by the consumer, by a third party designated by him or by a carrier appointed by the consumer. The risk of loss or damage to the work of art is transferred to the consumer from the time of delivery.
If the buyer is a company, the risk passes to the buyer immediately upon delivery of the work of art to the carrier.
Any visible damage to and/or shortcoming in the quality of an item, or any other deficiency observed when the work of art is delivered must be immediately recorded upon delivery, in the presence of the carrier.
If the work of art is delivered damaged, the buyer can either refuse delivery or accept the work of art subject to reservations and with the addition of a comment in the delivery note.
Visible damage must immediately be reported to the following e-mail address: email@example.com.
In case of the unconditional receipt of the work of art and late notification, Bricolarts reserves the right to refuse damaged works of art.
If the purchased work of art is to be shipped by Bricolarts to the address given by the consumer, Bricolarts shall undertake to ship the purchased work of art within 14 days, except in case of force majeure.
Bricolarts undertakes to deliver the work of art on the date stipulated in the confirmation e-mail.
Any stated delivery date is purely indicative, as this depends on the delivery by the artist. The penalty for late delivery as provided in Article 6 will only apply from one month after the delivery date that was stated as an indication.
Article 8: Guarantee
Legal guarantee (only for consumers)
Pursuant to Book VI of the Belgian Code of Economic Law concerning market practices and consumer protection and Articles 1649bis up to and including 1649octies of the Civil Code, the consumer has legal rights. Each item is subject to the legal guarantee from the date of purchase by the first owner (or of delivery to the first owner, as the case may be). Any commercial guarantee shall be without prejudice to these rights.
The customer must be able to present the proof of purchase in order to claim the guarantee. In the case of items that were purchased online, the customer must contact the customer service of Bricolarts in advance. Any defect must be reported by the consumer within a period of 2 months after it has been discovered.
Any legal action by the consumer must be initiated within one year from the day on which the defect was discovered.
If the defect is accepted by Bricolarts, the consumer is entitled to request the repair or replacement of the work of art free of charge, unless this proves to be impossible.
The (commercial and/or legal) guarantee can never apply to defects that arose from accidents, neglect, falls, abnormal or incorrect use, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use in the manual, modifications or changes to the item, heavy-handed use, poor maintenance, abnormal or incorrect use. It shall also not apply to items with a shorter lifespan, or to items subject to wear and tear. Defects that become manifest after a period of 6 months following the date of purchase or delivery, as applicable, shall not be deemed to be hidden defects, unless the customer can prove otherwise.
Article 9: Right of withdrawal
The provisions of this Article only apply to customers who purchase items online in their capacity of consumer.
The consumer is entitled to withdraw from the contract and to renounce the purchase, without giving any reason, within a period of 14 days from the delivery. The withdrawal is possible from the day following the day on which the consumer, or the third party appointed by him, has physically taken possession of the item.
The consumer must return the work of art or hand it over to Bricolarts, or to a person authorized by Bricolarts to receive the work of art, within 14 days following the day on which he has made the decision to withdraw from the contract.
The consumer has sole responsibility for the return of the purchased works of art, and he is responsible for all the costs that are necessary for the return shipment.
Bricolarts shall not be liable for any damage that could arise as a result of the return of the item.
If the work of art is damaged upon its return to Bricolarts, Bricolarts reserves the right to refuse the returned work of art and to waive any refund. It is therefore recommended that the return of the item should be carried out by a company that provides transport for fragile goods.
The consumer does not have a right of withdrawal, however, if the contract consists of:
1. The provision of a specific service (e.g., a custom-made work of art), the execution of which started with the consent of the consumer before the end of the withdrawal period.
2. The delivery of items that have been produced according to the specifications of the consumer, or that are personal in character, or that cannot be returned due to their nature.
Article 10: Impairment of validity – non-waiver provision
If one of the provisions of these Conditions is declared to be invalid, unlawful or void, this will not in any way affect the validity, the legality and the applicability of the other provisions. The failure by Bricolarts to enforce or exercise any of the rights under these Conditions at any time shall never be considered as a waiver of such provision, and shall never affect the validity of these rights.
Article 11: Bricolarts Customer Service
The Bricolarts customer service can be reached through e-mail to firstname.lastname@example.org, or by post to the following address: Lipsestraat 72, 3150 Tildonk, Belgium.
Any complaints can be sent to the above-mentioned e-mail address. Bricolarts undertakes to handle all complaints as quickly as possible.
Article 12: Amendment of the Terms and Conditions
These General Terms and Conditions may be supplemented by other conditions to which explicit reference is made. In the event of contradictions, these Terms and Conditions shall prevail. Any purchase effected after the amendment of the General Terms and Conditions constitutes the acceptance of these new Terms and Conditions by the customer, insofar as the customer was informed of the amended Terms and Conditions.
Article 13: Proof
The customer accepts that electronic communication and back-up copies can be used as evidence.
Article 14: Applicable law – Competent court
These General Terms and Conditions and the concluded sales-purchase contract are governed by Belgian law. The parties expressly state that, where appropriate, the Vienna Sales Convention is excluded.
Any disputes in connection with the implementation of the sales-purchase contract or relating to these Terms and Conditions shall be exclusively settled by the competent authorities in Leuven, in accordance with Article 624, 2° of the Judicial Code.