general conditions of sale

Article 1 - Scope

The following general conditions of sale (hereinafter, referred to as the “CONDITIONS”) govern the contractual relations between, on one hand, any user (hereinafter referred to as the “USER” or “YOU”) of the public sections of www.artfriendly.net (hereinafter referred to as the “SITE”) and/or any person purchasing one or more artworks or products and, on the other hand, ARTFRIENDLY SPRL, with a capital of €20.000 (hereinafter referred to as “ARTFRIENDLY”), located at n°15, rue Fernand Bernier at B1060 Brussels (Belgium), registered under Number BE.0806.500.065.

The public sections of www.artfriendly.net include the pages accessible to any USER, without restricted access, and allowing persons other than professional distributors (using the B2B Interface with restricted access) to purchase artworks and products. Specific conditions of sale are applicable to the B2B Interface with restricted access including sections allowing professional distributors to place orders for artworks and products for the purpose of resale.

These CONDITIONS are the only ones applicable and replace any other conditions of sale except in the case of specific and written agreement. Since ARTFRIENDLY may modify clauses of these CONDITIONS at any time, the USER should read them on each new visit to the SITE. The modifications to the CONDITIONS are applicable from the time of their publication (the date of publication can be found at the end of the CONDITIONS). Each purchase on the SITE is governed by the CONDITIONS that are applicable at the time of purchase. By validating your order, YOU accept the CONDITIONS after having read them and without any exception.

The present CONDITIONS apply to the sale of artworks and to any other product available on the SITE. These conditions apply, excluding any other conditions, such as, for instance, those applicable in the stores reselling ARTFRIENDLY’s artworks or products and where specific conditions of sale may apply or, for instance, the conditions of sale that apply for the B2B Interface of the SITE (used by professional distributors buying for the purpose of resale).

The general conditions of sale are available in English and French.

Article 2 - Use of the SITE

In accordance with the present Conditions, YOU must be at least 18 years old, and legally able, in order to contract and use the SITE and order items. YOU guarantee the truth and accuracy of the information YOU provide on this SITE.

ARTFRIENDLY reserves the right to cancel or refuse any order from a customer with whom there is a litigation relating to the payment of a former order.

The SITE is available in French and English. These languages can be used to order products on the SITE. The language of the SITE depends on the language of your Internet browser. If the language of your browser is not one of the 2 languages available, YOU can modify the language of the SITE in the navigation bar visible on any page of the SITE.

Article 3 – Key features of the products

The products for sale on the SITE are original editions of artworks and gift vouchers. The purchase of an artwork or gift voucher includes the purchase of a tree that will be planted by Tree-Nation as part of the Billion Tree Campaign – Plant For The Planet of the United Nations Environment Programme.

ARTFRIENDLY offers different types of artworks in a range of formats, numbers in series, supports and prices. The signed editions are signed and numbered on the certificate of authenticity that is placed on the back of each artwork. Since the works are handcrafted, the exactness of the formats cannot be guaranteed. Considering the number of technical parameters involved in the photographic printing process and their development, variations in the end result are possible between two reproductions of the same artwork. Due to the settings of your computer display, the colors, brightness and contrast YOU may see on your screen when purchasing an artwork online might differ from the actual colors of the work YOU will be receiving and that has been foreseen and validated as such by the artist.

The SITE also offers gift vouchers including a unique gift code (see Article 5).

The product offer is valid as long as available on the SITE and in stock. Prices are expressed in Euros, including taxes. Shipping costs are invoiced as an extra.

Moreover, customs or importation duties or taxes might be eligible in the country of delivery of your order. ARTFRIENDLY is accountable neither for the declaration nor the payment in the treatment of these duties which fall under your responsibility.

ARTFRIENDLY reserves the right to modify its prices at any time without prior notice. The products will be invoiced on the basis of price as listed on the SITE at the time of an order, subject to availability.

The products remain the property of ARTFRIENDLY until payment has been received in full together with any interest which may be due.

Article 4 – Placing an Order

This is how YOU place an order :

Viewer

The works are displayed in the viewer of the “gallery” section of the SITE. The screen presenting a work includes the following information:

• Title of work (with comments of the artist if any)
• Author (with a link to his/her full biography)
• Number of prints in the series
• Support
• Format (expressed in centimeters)
• Price (expressed in Euro and including 21% VAT)
• Availability (in stock, in production, sold out, exclusive)
• Delivery (with information related to that specific topic)
• Gift option (if available/see next section)

Works whose availability is listed as “sold out” or “exclusivity” cannot be ordered.
Works whose availability is listed as “in stock” or “in production” can be ordered.
To order a work YOU may click on “add to cart”.

Shopping cart

This screen allows YOU to:

• View the contents of your shopping cart
• Remove one or more items from your shopping cart by clicking “X” on the appropriate line
• Increase the quantity of an item YOU would like to order
• Enter a gift code YOU might have received in a gift voucher or a gift box. To do so, YOU need to tick “I have a gift code” and insert your code. The IT system will check the validity of your code and the contents of your shopping cart to ensure that it corresponds to the type of gift allowed by your code. The gift code has to pass these two check points to be accepted. In case of difficulty, please contact our customer service department ().
• Obtain a discount if YOU have a promotion code. The IT system will check that the promotion code is valid and applies to one or more items in your shopping cart. The code has to pass these two check points to be accepted. In case of difficulty, please contact our customer service department ().
• Offer the contents of your shopping cart as a gift (see article 5 § 2)

Prices are expressed in Euros and include 21% VAT. Prices do not include shipping costs that will be calculated and invoiced as an extra in a later step.

Once YOU have checked the contents of your shopping cart, YOU can proceed by clicking on “Finalise the order”.

Shipping

The following step deals with shipping information. YOU will be asked to:

• specify if YOU would like your order to be delivered to a “private address” or a “professional address (e.g. your workplace)
• specify if the delivery address is the same as the invoicing address given during the identification process
• If YOU choose a “professional address” as a delivery point YOU will need to mention the name of the company to ensure that we can find YOU.

We are not able to provide an exact date and time for the delivery.
Deliveries are made between 8:00 a.m. and 5:00 p.m. on working days. If YOU are generally not at home during these hours, we recommend that YOU have your order delivered to your professional address, to avoid having to pick it up at a Post Office or shipping company office.

Once YOU have checked your information, YOU should click on “continue” to proceed to the next step.

Confirmation and Payment

This step will give YOU a complete overview of the items that will be invoiced. A this stage YOU can still correct or modify both the contents of your shopping cart (“modify my cart”) and the shipping information (“modify billing or delivery details”).

Once YOU have double-checked each one of these elements, and in order to proceed to the secured online payment process, YOU must first read and accept the general conditions of sale on this screen and at the bottom of each page of the SITE.

Once YOU have accepted the general conditions of sale by ticking “I accept the general conditions of sale” YOU can proceed to the secured online payment. To do so, YOU will have to select the type of credit card YOU would like to use and click on “continue” to be transferred to the secured payment platform provided by Ogone. The processing of your payment may take between a few seconds and a few minutes.
If the payment process is successful, YOU will be informed on the Ogone site.

Finish

To finish your transaction, click on “finish”.

Confirmation email and invoice

The SITE will send YOU confirmation of your order by email. This confirmation is also your invoice. Your order can be considered confirmed and is binding for ARTFRIENDLY as soon as YOU receive email confirmation that it has been validated. For this reason, we kindly request YOU to check your mailbox. YOU are also kindly requested to keep your confirmation email and your transaction number. For technical, security and confidentiality reasons, ARTFRIENDLY cannot disclose information related to transactions taking place on its SITE.

Article 5 – Gift Options

The SITE offers several options for receiving or offering artworks as a gift.

Select one or more works and offer them as a gift

YOU can select and buy one or more works and offer them as gift. To do so, YOU should tick the option “I wish to offer the contents of my shopping cart” that YOU can find on the shopping cart screen. An additional €10 per work will be charged if YOU select this option, that will allow YOU to add a message to be printed in a greeting card placed in the gift packaging of the works YOU have selected.

Offer a an artwork as a gift and leave the choice of the work open

YOU can offer an original edition as gift and leave the choice of the work open.

Ordering an open choice of a limited edition:

• In the gift section of the SITE select “offer a gift” followed by “offer a gift and leave the choice open”
• Click on “I wish to offer a gift and leave the choice of the artwork open”
• Define the type of edition YOU would like to offer
• Add a message that will be displayed in the gift voucher
• Read and accept the general conditions of sale
• Proceed to the secured online payment (see Article 4)
• Send the gift voucher by email or print it

Once the transaction is confirmed, YOU will be sent a confirmation email which is also your invoice. The gift voucher contains a gift code to be used in the online gallery of the SITE (see the following sections of Article 5). YOU can either send the gift voucher by email or print it.

Receive a gift

YOU can receive an original edition as a gift if YOU have a valid gift code. The gift codes can be found in the ARTFRIENDLY gift boxes in shops or in electronic gift vouchers on the SITE.

Selecting and receiving your gift:

• In the “gallery” section of the SITE, identify a work matching the type of edition specified on your voucher or gift box and displayed as “in stock” or “in production”.
• Select your gift by placing it in your shopping cart
• In the shopping cart screen, tick “I have a gift code” and enter your code
• The IT system will both check the validity of your code and check that the type of work YOU can receive with your code matches the contents of your shopping cart
• If the code passes these two check points, YOU will be directed through steps asking YOU to provide the necessary shipping information (see Article 4)If the delivery address does not match to the country of delivery mentioned by the person who has purchased the gift voucher, additional shipping fees might be charged
• The gift codes included in the artfriendly gift boxes include shipping to any address on the territory of the European Union

Validity of the gift codes

A gift code is only valid once, for the type of edition specified on your voucher and for works listed as “in stock” or “in production” in the online gallery of the SITE. One code is accepted per order. A gift code cannot be used for multiple orders and can be used only once. Any residual amount cannot be refunded. The gift codes are valid for a period of 12 months after their date of issue. The codes must be used before the end of their validity period and cannot be exchanged or refunded.

However, YOU may ask for an extension of the validity of your gift code if YOU have purchased a gift box in a shop which includes a gift code which is valid for less than 2 months from the time of your purchase.

Article 6 - Payment

Two types of credit cards are accepted: VISA and MASTERCARD.

The secured online transactions are processed by Ogone. The USER’s banking data are encrypted, do not circulate on the Internet without encryption, and cannot be intercepted. Your banking data (card number, expiry date, etc.) are not communicated to ARTFRIENDLY.

YOU alone are responsible for the effective payment of your order. ARTFRIENDLY is not responsible for any problems related the online ordering system. If payment is not made at the time of the order, it must take place at the latest within ten (10) working days of reception of your order. If not, YOU will, and without prior notice, be charged an additional interest rate of 10 % per year. ARTFRIENDLY also reserves the right to claim damages resulting from the delay of payment.

Article 7 - Proof

The parties accept electronic means of proof and of communication (email) as valid in their dealings, except in cases specified in the present CONDITIONS. The data recorded by the SITE are considered proof of the transactions that have taken place between the parties. The data recorded by Ogone are considered proof of the financial transactions.

Article 8 - Shipping

Processing of the orders

Each order is processed once. Consequently, an order is only processed when all ordered items are “in stock”. In order to have your order delivered faster, we suggest YOU only keep items specified as “in stock” in your shopping cart. To remove an item from your shopping cart, click on “X” in the corresponding line of the shopping cart.

Orders placed from Monday to Friday, except public holidays, including only items specified as “in stock”, are processed within about 3 days. This time frame is approximate. There is no compensation for any delay which might occur.

The orders including items specified as “in production” are processed as soon as all the items in the order are “in stock” again. Production time is usually between 3 and 4 weeks. This time frame is only indicative. Its overrun does not entail any compensation. We suggest YOU keep items specified as “in production” in your shopping cart only if YOU accept to wait longer for delivery.

Should an item listed as “in stock” at the time of an order no longer be available, ARTFRIENDLY will inform the CUSTOMER by email as quickly as possible. In this case, YOU may select another work from the same price category or decide to cancel your order and request a refund, in which case, ARTFRIENDLY will refund the price actually paid by the CUSTOMER without any additional compensation.

Shipping address

Your order will be delivered to the address of delivery YOU have entered, checked and validated during the online purchase process. The delivery address mey differ from the billing address.

Changing a delivery address after confirmation of an order is often not possible for logistic reasons. If YOU need to change the delivery address, YOU can contact our customer service department () which will do its best to accommodate your request. However, ARTFRIENDLY cannot guarantee a solution in this situation.

ARTFRIENDLY reserves the right to refuse shipping to some remote countries outside the European Union if it considers that the environmental impact of the shipping would be too great.

Delivery options and timing

ARTFRIENDLY reserves the right to choose the shipping company. The delivery date mainly depends on availability of stock, the shipping date, and the destination.

The delivery of orders including only items specified as “in stock” will take place within 15 working days, except in case of force majeure. Compliance with this time frame depends on the conveyor. For orders including items specified as “in production", the shipping will take place as soon as all the items included in the order are “in stock” again. In both cases, ARTFRIENDLY cannot guarantee the timing of delivery. Consequently, no request for compensation can be claimed from ARTFRIENDLY by the CUSTOMER.

Shipping costs

Shipping costs depend on the contents of the order and destination of the delivery. Shipping costs are calculated once the delivery information is provided and are communicated to the CUSTOMER before the order is confirmed.

Reception of the delivery

a) before opening the parcels

On delivery of your order, and before opening the parcels, it is mandatory to check both the number of parcels and their condition.

In no case should YOU open the parcels before having checked their condition. If YOU notice that a parcel has been opened during transport, if it’s wet, crushed, torn or if YOU notice any visible damage, YOU must specify “RESTRICTIONS”, on the document YOU are requested to sign on delivery. Under RESTRICTIONS, YOU must specify details of what YOU have noticed (e.g. RESTRICTIONS – parcel opened during transport).

By signing the delivery form or opening a parcel without noting RESTRICTIONS, it is assumed YOU have checked the condition of the parcels, noticed no damage and accepted the delivery. Consequently, the conveyor is free from any liability and can claim that damage occurred after shipping.

If the conveyor says that there is no document on which to express a RESTRICTION, please refuse the delivery, sign nothing and contact our customer service department (). We will follow the matter up.

b) opening the parcels

Having checked the condition of each parcel and specified your RESTRICTIONS, if any, YOU can open the parcels and check their content.

c) in case of difficulty

If YOU notice any visible damage, YOU should immediately contact our customer service department () who will follow the matter up and guide YOU through the necessary steps.

YOU have 3 working days from the time of delivery to report any problem related to the delivery. No claim will be accepted in absence of RESTRICTIONS expressed on the delivery form.

Article 9 - Right of revocation

Belgian trade law of July 14, 1991 provides the customer purchasing online a right of revocation.
The customer is defined as any person purchasing products or services which are not destined for professional use. If YOU purchase products on the SITE which are not destined for professional use, YOU can invoke this right.

YOU have the right to notify ARTFRIENDLY that YOU have changed your mind and that YOU relinquish your purchase within a period of 8 working days from the time of the delivery. If YOU would like to invoke this right, please send us a registered letter specifying the transaction number, and the references of the works YOU would like to return, together with your account number in an IBAN format and the BIC code of your financial institution. ARTFRIENDLY will provide YOU with the address to which the items should be shipped within 10 working days after receiving the address.

No refund to the conveyor will be accepted, for any reason whatsoever. The works are only accepted if they are in perfect condition (clean, complete, not damaged), in their original packaging and with their certificate of authenticity.

ARTFRIENDLY will refund YOU the returned items (excluding shipping costs) within 15 working days if the conditions specified above are respected and if the banking information YOU have provided is accurate and complete. The shipping costs for the return are at your expense. YOU are accountable for the risks of damage during the return shipping. For the works ordered with a gift code, refund will be made in the form of a new gift code.

Article 10 - Right of return

YOU have a right of return if the delivered items do not match your order. Should this happen, please contact our customer service department () who will guide YOU through the necessary steps. ARTFRIENDLY will cover the shipping costs and exchange the items if they are in stock. Should an item no longer be available, ARTFRIENDLY will offer YOU the possibility of selecting another work of equivalent price.

To be accepted, the returned items should be in perfect condition (clean, complete, not damaged) and in their original packaging. If the delivered items match the order, and without prejudice of the right of revocation, the CUSTOMER has no right of return and the return and the refund of the delivered items will not be accepted.

Article 11 - Customer service department and complaints

For any information or question, YOU can contact our customer service department by email: . YOU can also send an e-mail to our postal address as specified in Article 1.
We will be very happy to assist YOU and provide YOU with all information YOU may need.

To avoid forfeiture, any complaint and/or dispute has to be notified to ARTFRIENDLY within 8 days from the time of occurrence of the cause of the complaint or dispute. This time frame does not apply if a different time frame has been specified for specific topics under these CONDITIONS.

Article 12 - Responsibility and Force Majeure

Orders

The products offered conform to Belgian legislation. ARTFRIENDLY cannot be held accountable in case of non-observance of the legislation of the country to which they might be delivered.

The works offered on the SITE are limited editions. ARTFRIENDLY is not accountable if a third party disrespects the limited character of the editions and produces additional reproductions without the prior and written agreement of ARTFRIENDLY and of the artist.

The works are offered in a specific format and in a limited number; however, ARTFRIENDLY has the right to reproduce the works via any communication method (brochures, catalogues, booth, website...) with the aim of promoting the artist or the label.

ARTFRIENDLY cannot be held responsible or in error if a delay or the non-execution of an order results from the unavailability of an item, from external circumstances such as disturbances or strikes (e.g. of postal services, communication/transport means...) or from a case of force majeure (such as flood, fire, etc.).

ARTFRIENDLY is not liable for any damages resulting from a delay or non-execution of an order (commercial loss, loss of profit, loss of opportunity, etc.).

Internet site

ARTFRIENDLY invites YOU to read the conditions of use of the SITE which YOU can access from a hyperlink at the bottom of any page of the SITE. WE draw your attention to the following points:

• ARTFRIENDLY is not committed to providing uninterrupted access to its SITE
• ARTFRIENDLY cannot guarantee the absence of any error or omission. ARTFRIENDLY has the right to modify, correct or remove any information or price proposed on the SITE, at any time and without prior notice. Consequently, ARTFRIENDLY may interrupt, at any time and without prior notice, access to parts or to the entirety of the SITE.
• ARTFRIENDLY is not responsible for direct or indirect damages of any nature (including the loss of profits, additional expenses to find an equivalent product or service, loss of opportunity) caused to the USER by the use of the SITE or by the impossibility of using the SITE, for whatever reason. The USER uses the SITE at his/her own risk.
• ARTFRIENDLY has the right to interrupt access to the SITE, at any time and without prior notice, in case of misuse, risk of misuse, fraud, risk of fraud, but also in order to undertake maintenance operations, upgrades or modifications to the SITE.
• ARTFRIENDLY is not responsible for direct or indirect damages which may be caused by viruses despite the protection measures in place. ARTFRIENDLY is not responsible for direct or indirect damages caused by the interruption of access to the SITE due to connection problems, issues on communication networks or any case of force majeure.
• ARTFRIENDLY is not responsible for hyperlinks to its SITE placed on third party websites, nor for the contents of these third party websites.
• The USER is committed to keeping secret his/her password used for accessing his/her customer account. Any use of this confidential information falls under the responsibility of the USER. In case of loss, theft or suspicion of abuse of this confidential information, the USER should immediately inform ARTFRIENDLY.

Article 13 - Personal data protection

In accordance with the Belgian law of December 8. 1992 concerning privacy protection and the terms of execution of this law, ARTFRIENDLY respects the privacy of the USER and of any other private person involved (e.g. the beneficiary of a gift voucher purchased on the SITE).

ARTFRIENDLY collects personal information via its SITE, for instance by offering the USER the option of registering on the mailing list or by requesting personal information during the online purchase process. The information collected and communicated by the USER to ARTFRIENDLY can be electronically processed to communicate with the USER (e.g.: newsletters), to handle and ship orders and to secure online payments. The USER agrees that this information can be communicated to third parties used by ARTFRIENDLY to perform parts or the totality of the operations specified above. The USER also agrees that his/her personal information can be used by ARTFRIENDLY to compile statistics concerning the use of its SITE and in order to improve or adapt its content. This information can, consequently and exclusively for the aforementioned purpose, be communicated to public agencies or private companies.

The USER allows ARTFRIENDLY to collect and process any personal information according to the conditions specified above. In accordance with the Belgian law of December 8, 1992 concerning privacy protection, the USER can request to access, modify, complete, correct or remove his/her personal information from the database for free. The USER can also, on simple request and free of charge, forbid the processing of personal data for direct marketing purposes.

The USER subscribing to the mailing list accepts to receive emails or promotional messages from ARTFRIENDLY.
On simple request, the USER can, at any time and free of charge, ask to be removed from the mailing list.

Any request concerning the subjects described above should be sent to:

Artfriendly SPRL
15, rue Fernand Bernier
1060 Bruxelles
Belgium

The information provided by ARTFRIENDLY to the USER should not be shared with any third party. The USER is accountable for the use, by third parties, of information provided by the USER to this third party without prior and written authorisation by ARTFRIENDLY.

Article 13 - Intellectual property

Rights on the artworks

All the rights of use (communication, reproduction, adaptation) of the artworks present and represented on the SITE belong to their authors and to ARTFRIENDLY and this for the whole world. The purchase of a work solely confers to the purchaser the ownership of the artwork, excluding any other right of use. Any use of a work (communication, reproduction, adaptation) is subject to prior and written agreement of ARTFRIENDLY.

Intellectual property

ARTFRIENDLY invites USERS to read the conditions of use of the SITE which YOU can access from a hyperlink at the bottom of any page of the SITE. ARTFRIENDLY draws USERS attention to the following points:

ARTFRIENDLY has all rights reserved without any geographic limitation. This protection covers, for instance, intellectual property of the SITE and all its content. The photographs, content, texts, artworks, logos, models, design, videos and IT system are non non-exclusive examples. Each one of these elements is protected by specific rights and legislations, such as, for instance, intellectual property laws, international trademark registrations as well as trade and free competition regulations.

The USER is authorized to access the public pages of the SITE on a temporary and non-exclusive basis. Access to all other sections (B2B Interface, Logistic Interface and Administration Interface) is limited to authorized USERS only and is governed by specific terms of use.

The use of the SITE by a USER does not entail any cession of rights to the USER, for instance, the cession of any intellectual property. The USER is only authorized to access the SITE, view its contents and use the proposed products and services in a normal manner, for a personal purpose and in accordance with any applicable law, even if more restrictive.

It is forbidden to extract and/or use any element of the SITE, by any means and for any purpose, without the prior and written consent of ARTFRIENDLY. This limitation applies to the reproduction, representation, use, modification, integration, translation, distribution of the SITE and of any of its components.

By accepting the terms of use of the SITE, the USER renounces any right of use (reproduction, communication…) related to intellectual property laws, for instance, the Belgian law of June 30th, 1994.

Article 14 - Miscellaneous

Should a specific measure of the present CONDITIONS appear as not legally applicable, the parties agree to negotiate in good faith in order to preserve their economic position. Should the parties not be able to replace the inapplicable measure in both an applicable and acceptable manner, the inapplicable measure will be excluded from the CONDITIONS and the rest of the CONDITIONS will remain valid and applicable.

Article 15 – Applicable rules and disputes

The present CONDITIONS and any other contractual relationship between the parties are governed by Belgian law. In case of dispute or litigation, the parties agree to seek an amicable agreement before initiating any legal action. If a solution cannot be found between the parties, the competent jurisdictions are the judicial district of Brussels (Belgium) and of the Justice of the Peace of the First Canton of Brussels, subject to cases where courts of competent jurisdiction are indicated by the regulation, imperative or lawful dispositions of public order (for instance, in case of disputes with consumers).

Last updated: March 13, 2009.