TERMS AND CONDITIONS FOR THE SALE OF GOODS ON www.artspace-europe.com
These Terms and Conditions form a contract between the customer (you) and Comm.V ARTspace Europe – Rozenstraat 25 B-1742 TERNAT BELGIUM and apply to the ordering, purchase, fulfilment and delivery of goods from www.artspaceeurope.com
Please read these Terms and Conditions carefully before placing your Order with ARTspace Europe as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
The following definitions are used in these Terms and Conditions.
Business Days means a weekday in which trading banks are open for the transaction of banking business in Belgium.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for ARTspace Europe.
Delivery Fee means the fees charged by the Delivery Agent of ARTspace Europe for the delivery of Goods.
Goods means the items offered for sale, described or displayed on the Website.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from ARTspace Europe in accordance with these Terms and Conditions.
Price means the purchase price of each Good as specified on the Website.
Returns Policy means the ARTspace Europe Returns Policy found on the Website at www.artspace-europe.com/delivery_returns_policy
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.artspace-europe.com
We or Us or Our or ARTspace Europe or artspace-europe.com means Comm.V ARTspace Europe
You or Your means you as the purchaser of Goods from ARTspace Europe pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and ARTspace Europe with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price specified at the time you submit your Order.
3.3. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. ARTspace Europe will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
3.4. You may Order from ARTspace Europe if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.5. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement. However, we will allow you to return Goods in accordance with the Returns Policy.
3.6. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one.
3.7. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting ARTspace Europe.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 ARTspace Europe reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by ARTspace Europe to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. ARTspace Europe will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. ARTspace Europe is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
5.1. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. ARTspace Europe will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.2. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, ARTspace Europe will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
5.3 You acknowledge and agree that:
(a) All pictures and images of Goods displayed on the Website are for illustration purposes only; (b) you have read any corresponding written description of the Goods prior to submitting your Order; (c) the colour of Goods as shown on the Website may vary slightly in real life.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 All prices set forth on this site, are stated in Euros and do not include any taxes, withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase contemplated hereunder.
6.3 ARTspace Europe reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
6.4 In respect of any Order, we will charge you and you agree to pay the Price (which is the Price at the time the Order is submitted).
6.5 You can pay for your Goods only by Paypal and credit card. You authorise ARTspace Europe to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by ARTspace Europe before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this.
6.7 You will receive an Invoice by email once payment in respect of your Order has been processed.
6.8 ARTspace Europe uses an encrypted payment gateway to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 ARTspace Europe uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 Goods will be shipped (from Belgium) by ARTspace Europe within 3 business days. Delivery time frame will depend on the destination of the goods as well as the time it takes to clear customs if the goods are shipped internationally.
7.3 You acknowledge and agree that notwithstanding anything else stated on the Website ARTspace Europe is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.4 Delivery of Goods will take place at the Delivery Address specified by you during the Order process.
7.5 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to contact the courier and make alternative arrangements. It is your responsibility to follow the instructions stated on the calling card.
7.6 Where you do not make alternate arrangements with the courier within 10 days of a failed delivery, you must contact ARTspace Europe by email at email@example.com for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.7 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit or missing and incorrect Goods, you must contact ARTspace Europe by email at firstname.lastname@example.org as soon as possible.
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with our returns policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. ARTspace Europe is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. ARTspace Europe is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. PROMOTIONS AND DISCOUNTS
You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at ARTspace Europe. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from ARTspace Europe. Any Code is non-transferable and may not be used in conjunction with any other offer.
11. GIFT CARDS
11.1 Additional terms and conditions with respect to the use of Gift Cards may be set out on our Website.
11.2 Gift Cards are treated like cash. If your redemption code is lost or stolen this will not be re-issued and the value of the Gift Card will not be refunded. Gift Cards are not redeemable for cash.
11.3 Gift Cards are subject to an expiry date. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.
11.4 Gift Cards are to be used for the purchase of goods on ARTspace Europe.
13. WARRANTIES YOU MAKE TO ARTSPACE EUROPE
You represent and warrant to ARTspace Europe that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to ARTspace Europe;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so; (c) you are over the age of 16; (d) in placing your Order, you have read and agree to these Terms and Conditions; and (e) in placing your Order, complied with all Laws.
14. ARTSPACE EUROPE'S LIABILITY TO YOU
14.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
14.2 Subject to any rights you have under any consumer protection law which cannot be excluded, ARTspace Europe excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
14.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
15.1 ARTspace Europe reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with ARTspace Europe with respect to that Order.
15.2 ARTspace Europe may give notice to you by electronic mail. You may give notice to ARTspace Europe by electronic mail to email@example.com
15.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.4 A failure or delay by ARTspace Europe to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by ARTspace Europe does not preclude its future exercise or the exercise of any power or right.
15.5 The Belgian laws govern this agreement. Your transaction is deemed to have taken place in Ternat, Belgium.
16.1 You agree that all copyright is retained by the artist.