General terms and conditions of Presence Art Studio
Website: www.presence-artstudio.com
Definitions:
Presence Art Studio, located at Poelkbeekstraat 6 in 1760 Roosdaal (Be) with company number 0786662278.
Client: the person with whom Presence Art Studio has entered into an agreement.
Parties: Presence Art Studio and client together.
Consumer: a customer who is also an individual and also acts as a private person.
Applicability of general terms and conditions:
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Presence Art Studio.
The parties can deviate from these terms and conditions only if they have expressly agreed to do so in writing.
The parties expressly exclude the applicability of additional and/or general terms and conditions of the customer or third parties.
Prizes:
All prices, used by Presence Art Studio, are in euros. Presence Art Studio is a Small Business, subject to the freedom of taxation. Value Added Tax is therefore not applicable. Any other costs such as administration costs, price quotes, levies and travel, shipping or transport costs are exclusive unless explicitly stated or agreed upon otherwise.
All prices, used by Presence Art Studio for its products, on its website or otherwise made known, Presence Art Studio may change at any time.
Increases in the cost prices of products or parts thereof, which Presence Art Studio could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
The consumer/customer has the right to dissolve an agreement as a result of a price increase as referred to in point 3, unless the increase is due to a legal regulation.
Payments:
Presence Art Studio reserves the right to make a delivery contingent upon prepayment.
Right of Withdrawal:
A consumer/customer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
the product has not been used
it is not a product that has been customized or adapted specifically for the consumer/customer.
The fourteen-day reflection period mentioned in number one begins:
on the day after the consumer/customer receives the last product from one order.
The consumer/customer can make his/her appeal to the right of withdrawal known via email: info@presence-artstudio.com.
The consumer/customer is obliged to return the product to Presence Art Studio within fourteen days, after recognizing his right of withdrawal, failing which his right of withdrawal will expire.
Reimbursement of return expenses:
If the consumer/customer returns the entire order, the cost of returning the entire order will be borne by the consumer/customer.
Refund in case of right of withdrawal:
Upon receipt of return of the complete order at Presence Art Studio, the product will be inspected by Presence Art Studio for defects. If the product is in original condition, intact, undamaged, the full amount will be refunded within fourteen days.
Deliveries:
Delivery of products ordered online is made to the address specified by the consumer/customer.
If the agreed amounts are only partially paid, Presence Art Studio has the right to suspend its obligations until the agreed part is still paid.
Non - full payment constitutes creditor default, with the result that the consumer/customer cannot hold a late delivery against Presence Art Studio.
Delivery times:
The delivery times given by Presence Art Studio are indicative and if exceeded, do not entitle the consumer/customer to dissolution or damages.
The delivery period will start when the consumer/customer has completed the entire electronic ordering process, including payment, and has received an electronic confirmation thereof from Presence Art Studio.
Exceeding the specified delivery time does not entitle the consumer/customer to compensation or the right to rescind the agreement.
Retention of title:
Presence Art Studio remains the owner of all (delivered) products until the consumer/customer has completely fulfilled all his payment obligations towards Presence Art Studio .
Until then, Presence Art Studio may invoke its retention of title and reclaim the items.
Before ownership is transferred to the consumer/customer, the consumer/customer may not pledge, sell, dispose of or otherwise encumber the products.
If Presence Art Studio invokes its retention of title, the agreement will be deemed dissolved and Presence Art Studio will be entitled to claim damages, lost profits and interest.
Transportation costs:
Transportation costs are for the account of Presence Art Studio for Belgium, for the account of the consumer/customer for abroad.
Packaging and shipping:
If the packaging of a delivered product has been opened or damaged, the consumer/customer should, before taking delivery of the product, have a note made of this by the forwarding agent and/or delivery person, failing which Presence Art Studio cannot be held liable for any damage. The consumer/customer must notify Presence Art Studio of this in writing, via e-mail.
If the client takes care of transportation of a product himself, he must report any visible damage to products or packaging to Presence Art Studio prior to transportation, failing which Presence Art Studio cannot be held liable for any damage.
Warranty:
The warranty regarding products applies only to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused as a result of accidents, modifications made to the product, negligence or inexpert use/suspension by the consumer/customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the consumer/customer at the time they are legally and/or actually delivered, or at least come into the control of the consumer/customer or of a third party who takes delivery of the product on behalf of the customer.
Indemnification:
The consumer/customer shall indemnify Presence Art Studio against all third party claims related to the products and/or services provided by Presence Art Studio.
Complaints:
The consumer/customer should examine a product delivered or service rendered by Presence Art Studio for any defects as soon as possible.
If a product delivered or service rendered does not meet what the client could reasonably expect from the agreement, the client must notify Presence Art Studio by e-mail as soon as possible, but in any case within fourteen days of the discovery of the shortcoming.
Consumers should notify Presence Art Studio no later than one month after discovering the deficiency.
In doing so, the consumer/customer will provide as detailed a description of the shortcoming as possible so that Presence Art Studio is able to respond adequately.
The consumer/customer must show that the complaint relates to an agreement between the parties.
In any case, if a complaint relates to work in progress, it cannot result in Presence Art Studio being held to perform work other than that agreed upon.
Notice of default:
The consumer/customer must notify Presence Art Studio in writing via e-mail.
It is the responsibility of the consumer/customer that a notice of default actually reaches Presence Art Studio (in a timely manner).
Joint and several liability consumer/customer:
If Presence Art Studio enters into an agreement with more than one client, each is jointly and severally liable for the full amounts owed to Presence Art Studio under that agreement.
Liability Presence Art Studio:
Presence Art Studio is only liable for direct damages arising from or related to the performance of an agreement.
Presence Art Studio is never liable for indirect damages such as consequential damages, lost profits, lost savings or damages to third parties.
All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Due date:
Any right of the consumer/customer to compensation from Presence Art Studio will in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.
Right of rescission:
The consumer/customer has the right to dissolve the agreement if Presence Art Studio imputably fails to fulfill its obligations, unless this failure, given its special nature or minor importance, does not justify the dissolution.
If the fulfillment of obligations by Presence Art Studio is not permanently or temporarily impossible, then dissolution can only take place after Presence Art Studio is in default.
Presence Art Studio has the right to dissolve the agreement with the consumer/customer, if the consumer/customer does not fulfill his/her obligations from the agreement in full or in a timely manner, or if Presence Art Studio has knowledge of circumstances that give him/her good reason to fear that the consumer/customer will not be able to fulfill his/her obligations properly.
Force majeure:
In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Presence Art Studio in the fulfillment of any obligation towards the consumer/customer cannot be attributed to Presence Art Studio in a situation independent of Presence Art Studio's will, in which the fulfillment of its obligations towards the consumer/customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be required from Presence Art Studio.
The force majeure situation mentioned in number 1 also includes - but is not limited to - the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties, unexpected power, electricity, internet, computer, and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions, and work stoppages.
If a force majeure situation arises that prevents Presence Art Studio from fulfilling one or more obligations to the consumer/customer, those obligations will be suspended until Presence Art Studio can fulfill them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind in whole or in part in writing via mail.
Presence Art Studio will not owe any compensation (damages) in a force majeure situation, even if it receives any benefit as a result of the force majeure situation.
Changes to Terms and Conditions:
Presence Art Studio is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be made at any time.
Major content changes are applicable before the consumer/customer places his/her order. Ongoing orders are not subject to any changes to these terms and conditions.
Effects nullity or voidability:
Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Presence Art Studio had in mind when drafting the terms and conditions on that point.
Applicable law and competent court:
Any agreement between the parties shall be governed exclusively by Belgian law.
The Belgian court (which is Dutch-speaking) in the district of Dendermonde shall have exclusive jurisdiction to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.
Retrieved June 1, 2022 - Last modified: Aug. 23, 2022.