General Terms and Conditions of Sale
The following provisions establish the general terms and conditions of sale for the products posted by Picassart SPRL on its ArtaPlaza website.
1 - Acceptance of the terms and conditions
The buyer acknowledges having read these general terms and conditions of sale and, by placing an order, expressly accepts them without reserve. Confirmation of the order implies acceptance of the general terms and conditions of sale.
2 - Purpose
2.1 - This contract sets forth the rights and obligations of Picassart SPRL and of the buyer as part of the sale of products posted by Picassart SPRL on its ArtaPlaza website.
2.2 - The general terms and conditions of sale contain all of the rights and obligations of the parties. No other terms and conditions can be included.
2.3 - Since this is a contract signed remotely by electronic means, Picassart SPRL hereby identifies itself to the buyer:
Picassart SPRL
Chaussée de Waterloo, 53
5000 NAMUR
BELGIUM
Telephone: Tel. +32 (0) 497 46 31 50
E-mail: info@artaplaza.com
BE 0676 563 815
3 - Product characteristics
3.1 - Picassart SPRL s.a. shall inform the buyer of all of the main characteristics of the products presented. It hereby invites the buyer to read these characteristics carefully.
3.3 - Under no circumstances shall a modification of the form or content of a product be invoked in the event of a discrepancy with respect to the photo posted on the website.
4 - Order and Commitment
4.1 - When wishing to place an order, the buyer shall be required to do the following:
- fill in the identification sheet on which they shall indicate all requested personal information, or log on to their account, if they have one
- validate their order after checking it
- make a secure payment by credit card
4.2 - The order cannot be amended.
4.3 - The validation of the order implies acceptance of the general terms and conditions of sale, acknowledgement that the terms have been read and understand, and waiver of recourse to the buyer's own terms and conditions or any other terms.
4.4 - All of the data provided and the confirmation recorded by the buyer shall be proof of the transaction. Confirmation shall be deemed as the signing of the contract and acceptance of the transactions performed.
5 - Limitations
5.1 - In general and without necessary justification, Picassart SPRL reserves the right to refuse or cancel any order from a buyer, particularly in the event of payment issues for the order in question or in the event of any prior dispute.
5.2 - Only persons who are legally capable may place orders.
6 - Price
6.1 - Prices are expressed in Euros, including VAT.
6.2 - Picassart SPRL reserves the right to modify the price of products at any moment, but the products are invoiced on the basis of the rates in effect at the time the order is placed.
7 - Proof
These order confirmations shall be kept on file at the Picassart SPRL centre and shall be considered as proof of the nature of the agreement and its date.
8 - Payment
8.1 - The invoice is payable in full at the time of order by credit card.
8.2 - Payment is handled by the secure server of the Atos company. The latter shall take action against fraudulent use of the payment methods used for transactions. Credit card details are accessible only to ATOS. They must be re-entered for each online purchase.
8.3 - The order confirmed by the buyer shall only become effective when the secure payment centre and Atos give their approval for the transaction to be completed. In case of rejection the order shall be automatically cancelled, and the buyer shall be informed by e-mail.
9 - Privacy
9.1 - Information relating to the order shall be subject to automated data processing. The buyer hereby acknowledges this fact. Picassart SPRL hereby agrees never to transmit said information to any partner other than those acting on behalf of Picassart SPRL.
9.2 - In compliance with the Belgian act of 8 December 1992, the buyer shall also have a right of access to and rectification of any and all information about the buyer found in the files of the Logemat company.
10 - Liability
10.1 - Picassart SPRL shall not, under any circumstances or in any way, be held liable for damages of any kind that may result from improper use of the products sold.
10.2 - Picassart SPRL shall, not under any circumstances, be held liable for non-compliance with regulatory or legislative provisions in force in the receiving country. Any liability of Picassart SPRL s.a. shall be exclusively limited to the value of the product under dispute, as determined on the date of its sale.
10.3 - In the online sale process, Picassart SPRL shall be bound only by an obligation of means. It cannot be held liable for any damages resulting from use of the Internet (loss of data, hacking, viruses, service interruptions, or any other problems outside of its control).
11 - Intellectual property
11.1 - Picassart SPRL shall retain all copyrights to the delivered products. Unless stipulated otherwise and without prejudice to any copyrights, the buyer shall refrain from copying or reproducing the delivered products, in full or in part, by any means or in any form.
11.2 - All information shown on the Picassart SPRL website is and shall remain the exclusive intellectual property of Picassart SPRL. This information is protected by copyright. Nothing (not even visual or sound software) shall be reproduced, operated, distributed or used in any manner or in any form whatsoever, even partially, without prior written authorisation from Picassart SPRL.
12 - Cookies
The Picassart SPRL website uses cookies in order to help you log in to its services. You may accept or refuse cookies. Most web browsers automatically accept cookies. If you decide to refuse cookies, you may not be able to log in or use the website's other interactive functions.
13 - Resolution of disputes
13.1 - In the event that a dispute arises from the present contractual relationship, the parties agree to seek an amicable solution prior to taking any legal action.
13.2 - All of our sales, even international ones, are governed exclusively by Belgian law. Any litigation shall be referred to the courts having jurisdiction where Picassart SPRL has its registered office, i.e. the Commercial Court of Namur. However, if we are the plaintiff, we may choose to bring legal action before the courts in the jurisdiction of the buyer's registered office. If any of the clauses of the general terms and conditions of sale are declared null and void, this fact shall not affect the validity of the remaining clauses. On the contrary, the parties or courts shall strive to replace the clauses declared null and void with provisions that have equivalent effect.