Terms & conditions of sales

The present general conditions of sale apply to all orders placed and paintings sold in our gallery (physical sales) or on our website (online sales) operated by HARVESTER MANAGEMENT S.R.L., whose registered office is located at Avenue des Hêtres Rouges, 98, 1970 Wezembeek-Oppem, and registered with the Belgian Enterprise Register (Banque Carrefour des Entreprises) under number 0832.940.384 (the “Company“).  

Article 1 – Definitions  

1. Buyer/Customer: any individual or legal entity, whether or not acting in the exercise of their profession or business, who has or enters into a contractual relationship of any kind whatsoever with the Company.
2. Consumer: any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity.
3. Day: calendar day.
4. Product(s): goods or services offered by the Company.
5. Website(s): the website(s) and/or trade names managed by the Company.
6. Company: has the meaning given to it in the Preamble to these general terms and conditions of sale.

Article 2 – Products

The products sold are original works of art, in particular painted or printed pictures.  

The essential characteristics of the products, including dimensions, materials and colors, are specified on the description sheets of the works available on the site in the gallery, or on request. 

The photographs of the works on the Website are as faithful as possible but may not perfectly reflect reality, particularly with regard to colors.  

The Company cannot be held responsible if an image or characteristic differs significantly from the actual Product. 

Article 3 – Scope of

1. The present general terms and conditions determine a precise and complete legal framework which applies to every offer made by the Company and every contract concluded between the Company and the Customer, and form an integral part thereof.
2. In addition to these general terms and conditions, supplementary terms and conditions may, if expressly stated, apply to certain Products. In the event that one or more provisions of the supplementary terms and conditions conflict with these general terms and conditions, the provisions of the supplementary terms and conditions shall apply by preference, unless otherwise stipulated.
3. Deviations from one or more of the provisions of these General Terms and Conditions may only be made if expressly agreed by both parties in writing. In this case, the other provisions remain in full force and effect.
4. The customer’s terms and conditions do not apply unless the Company has specifically agreed to them in writing.
5. The Company reserves the right to amend and/or supplement the general terms and conditions at any time and will inform the Customer of any changes made within a reasonable period of time. The modified general terms and conditions will be binding from the date of entry into force concerned.
6. All orders imply the Buyer’s unreserved acceptance of these terms and conditions of sale.

Furthermore, by using the site, the Buyer acknowledges having read and accepted these conditions without reservation.

Article 4 – Offers

1. An offer automatically expires if the Product to which it refers is no longer available in the meantime. An offer also expires if it is not accepted with the customer’s written consent by the end of the period of validity specified therein.
2. If the acceptance differs from the proposal contained in the offer, the Company is not bound by it. In this case, the contract will not be concluded in accordance with this deviating acceptance, unless the Company expressly states otherwise. 
3. Contracts are concluded exclusively on the basis of written confirmation or a complete transaction by the customer.  

Article 5 – Order and order confirmation

1. When the Purchaser places an order online, he/she selects the works he/she wishes to purchase by adding them to his/her virtual basket. After validating the basket, the Purchaser follows the online ordering process and receives confirmation by e-mail once payment has been confirmed.
2. Only written confirmation of the order is binding on the Company.
3. The Buyer, whether a consumer or not, has a period of 14 days from the date of receipt of the Product(s) to exercise his/her right of withdrawal, without having to justify the reason.

The Customer must return the Product(s) in their original condition.

Return shipping costs are at the Buyer’s expense, except in the case of defect or non-conformity.

Refunds will be made within 14 days of receipt of the returned artwork. 

Article 6 – Prices

1. The price of the Products is exclusive of VAT, government taxes, delivery, transport, accommodation, shipping and insurance costs, and is that stated on the order form.
2. Orders are invoiced at the prices and conditions in force at the time the order is accepted.
3. Delivery charges will be indicated separately and will be calculated according to the dimensions and weight of the work, its packaging, the shipping parameters and the destination of the work.
   In this respect, the Buyer may request a quotation when placing an order.
4. Insofar as necessary, taxes and other charges remain the responsibility of the Buyer.  

Article 7 – Payment

1. In the case of an online order, the price is payable, unless otherwise stated on the invoice, at the time the order is placed on the Website. Failing this, the order will not be registered.
   Orders will only be dispatched after payment of delivery charges.
   Payment may be made by credit card, bank transfer, or any other payment method offered on the Website.
2. In the case of a specific order to the Artist, a deposit of 20% will be requested at the start of the project to confirm the order, with the balance to be paid on delivery of the work.
3. In the case of a physical sale, the price is payable, unless otherwise stated on the invoice, at the time of delivery of the work by the Company to the Buyer.
4. In the event of non-payment, when payment is deferred, whether in full or in part, the price will be increased ipso jure and without prior notice by interest at the rate of 1.00% per month of delay, calculated pro rata temporis the number of days overdue in the current month, as well as compensation equal to 100 euros.
5. In the event of non-payment on the due date or in the event of default of payment, for any reason whatsoever, or in the event of non-compliance with any contractual obligation whatsoever, the Company reserves the right to unilaterally suspend the execution of all orders in progress, after prior formal notice to which no action or no useful action has been taken within eight days of its dispatch, all without this giving rise to any claim for damages on the part of the Customer.
6. Any non-payment of an invoice on its due date, or any default in payment, shall render all invoices due and payable, even those not yet due and payable, which have already been drawn up and sent to the customer at that time, and shall automatically extinguish all payment facilities.
7. Any dispute must be protested, under penalty of forfeiture, by registered letter, stating the reasons, within eight days of receipt of the invoice.

Article 8 – Deliveries and delivery times

1. The company delivers in Belgium and abroad.
2. Artwork will be dispatched within 2 weeks of receipt of payment. Delivery time will depend on destination and carrier.
   The company will not be held responsible for any delay in delivery.
3. Delivery times are given for information only and are therefore not binding unless expressly agreed by the parties.
   Delivery times may also vary according to destination.
4. Delays in performance by the Company can never give rise to termination of the contract, and the Company cannot be held responsible for delays in delivery attributable to carriers.
5. Delivery is made to the address indicated by the Customer at the time of ordering.

Article 9 – Control and warranty

1. The Customer must receive and check the Products immediately upon receipt. Complaints must be notified to the Company by registered letter (accompanied by supporting evidence) sent no later than the 1st working day following receipt of delivery, failing which the purchaser will be deemed to have accepted the Products in their condition at the time of delivery.
2. All products sold on the Website benefit from a guarantee of conformity in accordance with Belgian legislation. In the event of a lack of conformity, the Buyer may request replacement or reimbursement.
3. In any event, the Company shall not be liable for problems resulting from inappropriate and/or improper use of the Product, problems resulting from force majeure or the act or wilful misconduct of any person, the Customer or its agents.
4. The warranty cannot be invoked:  

• In the event of improper use of the Product ;
• If the damage is caused by force majeure ;
• In the event of intentional damage to the Product by the Customer or his employees.

Article 10 – Transfer of ownership and risks

1. The Product(s) supplied shall remain the property of the Company until payment in full of the principal, costs and interest.
2. Delivery is made at the Customer’s own risk, and the Customer must insure against possible damage. The risk is transferred to the Customer from the moment the Product(s) are handed over to the person in charge of delivery by the Company.
3. If the Product(s) ordered must be collected from the Company and if collection is not carried out at the agreed time, the risk is deemed to have passed to the Customer from that time.

Article 11 – Force majeure and unforeseen circumstances

1. Any case of force majeure or fortuitous event automatically releases the Company from any commitment, without the Customer being entitled to claim damages.
   Cases of force majeure include, but are not limited to, the following: accident, breakage of materials, exceptional weather conditions, fire, strike, lock-out, theft, traffic jams, and any other delivery restrictions imposed by the authorities on public health grounds.
2. In the event of a fundamental change in circumstances and/or conditions which is not attributable to the party concerned and which would place an unfair burden on that party’s contractual obligations, the parties undertake to renegotiate the terms of the contract in order to reach an equitable solution together for the continuation of the contract.
   If the parties are unable to agree on whether fundamental changes in the circumstances and/or conditions, as referred to in the previous paragraph, have in fact occurred, the two parties will each appoint an expert, who, possibly assisted by a third party, will examine together whether such changes have in fact occurred.
   In the absence of a positive response from one party to the other party’s request for renegotiation within one month of the request being sent by registered letter, the party initiating the request is entitled to bring the matter before the competent court in order to 

Article 12 – Notification

Except where it is specified by the Company that notification or communication must be made by registered letter with acknowledgement of receipt, all notification and communication under, in performance of or in connection with these terms and conditions shall be made by e-mail to orders@emiliecaeymaex.com

Article 13 – Protection of personal data

1. The company complies with regulations designed to protect the privacy of the customer and any other natural person linked to the customer.
2. Within the framework of the execution of the contract with the Customer, the party responsible for processing personal data is S.R.L. HARVESTER MANAGEMENT, whose registered office is located at 1970 Wezembeek-Oppem, Avenue des Hêtres Rouges, 98, and registered with the Belgian Enterprise Register (Banque Carrefour des Entreprises) under number 0832.940.384.
3. The processing of the personal data of the Customer (and, where applicable, of any other natural person linked to the Customer) is based on Articles 6.1. a) (consent), b) (performance of the contract) and c) (legal obligation) of the General Data Protection Regulation.
4. The personal data communicated by the customer to the Company are processed by the Manager for the purposes of following up on the customer’s requests, in order to meet legal obligations (in particular in the context of anti-money laundering legislation and with regard to its legal, accounting and tax obligations), as part of the performance of the contract, advertising and/or information communications, and marketing by the Company.
5. This data may be communicated to third parties designated by the Responsible Entity (i.e. the carrier) or to other companies linked to the Company, whose intervention is necessary to achieve one of the purposes mentioned in the present contract and acting exclusively on the instructions of the Responsible Entity.
6. Any natural person has the right to access data concerning him or her, processed by the Manager (and, where applicable, by the aforementioned companies), and, where appropriate, to request the rectification of erroneous data or the deletion of processed data. The data subject also has the right to request the restriction of the processing of his/her data. In addition, he or she has the right to receive personal data supplied in a structured, commonly used and machine-readable format, and to transmit this data to another data controller (right to data portability).
7. She may, at any time, on request and free of charge, object to the processing of data concerning her and/or withdraw her consent to the processing of data concerning her. She may exercise these rights at any time, free of charge, by sending her request by e-mail to privacy@emiliecaeymaex.com . The request will be processed within the legal deadlines.
8. There is no legal requirement for the Customer to answer questions asked by the Company, but failure to do so may result in the Company being unable or unwilling to enter into a (pre-)contractual relationship, to continue such a relationship or to carry out a transaction requested by the Customer or by a third party on the Customer’s behalf.
9. Personal data provided by the customer is treated by the Manager in the strictest confidence and in compliance with applicable regulations.
10. However, in the case of electronic transfer of such data, as the Internet does not offer total security, privacy can only be guaranteed if the data is transmitted via communication channels for which the Company expressly indicates that they are protected.
11. The customer’s personal data collected as part of the execution of the contract will be kept for the duration of the contract and for a maximum of 2 years from the date of the order, after which it will be deleted.
    If necessary, the Company also reserves the right to keep them for longer in order to meet its own legal obligations (i.e. tax and/or accounting obligations).
12. The Customer has the right to lodge complaints by contacting the Data Protection Authority (Rue de la Presse, 35, 1000 Brussels – ). commission@privacycommission.be

Article 14 – Intellectual property

The intellectual property rights on the works produced remain the property of the artists.

Any reproduction or use of the works without express authorization is prohibited.

Article 15 – General and final provisions

1. The parties confirm that their definitive agreement is embodied in full in the document(s) they have both signed, which supersede(s) all prior discussions, proposals or agreements, whether verbal or written.
2. Any modification is valid only if it is made in writing and bears the signature of the parties or on their behalf.
3. If any provision of these terms and conditions shall be or become invalid or unenforceable under the provisions of any applicable law, the validity, effectiveness or enforceability of the remaining provisions of these terms and conditions and of such provision under any other applicable law shall not in any way be affected or impaired thereby, and shall remain in full force and effect as between the parties.
4. If either party waives the right to enforce any right under the contract and these terms and conditions, such waiver shall not be construed as a final waiver of such right.
   If any party expressly waives any right under the contract or these terms and conditions, such waiver shall not be construed as a waiver of any other rights under the contract or these terms and conditions.

Article 16 – Applicable law and jurisdiction clause

1. All our contracts are governed exclusively by Belgian law.
2. All disputes arising out of or in connection with this contract shall be settled by the courts of the district of Nivelles.