LOVART.BE - TERMS AND CONDITIONS

Preamble

These General Terms and Conditions of Sales (hereinafter the "GTC") apply in addition to the Terms of use for Customers in case Customers, and to the Terms of use for Partners, in the case of Partners, in which the terms in capital letters of these GTC are defined.

The GTC apply to all sales of Artworks made through the Service between the Partner and the Customer. They are intended to govern the relations between Partners and Customers, excluding those between Customers and LOVART or between Partners and LOVART. Relationships between Customers and LOVART are governed by the Terms of Use for Customers. The relations between the Partners and LOVART are governed by the Terms of Use for Partners.

LOVART is not the reseller of Artworks purchased through the Service; only the Partner is the Customer's co-contractor for the purchase of the said Artworks. These can not be taken back or exchanged by LOVART.

  1. Conclusion of the sales contract between the Customer and the Partner

  1. The Artworks are presented on the Platform with a description enabling the Customer to know their essential characteristics and their price.

  2. The Customer selects the Artwork(s) he wishes to purchase.

  3. He confirms his choice of Artwork(s), reads and accepts the present GTC by a click of validation. Payment is made immediately by credit card.

  4. The Customer receives a confirmation email acknowledging the order in which appears the name of the Partner. However, the sales contract concluded between the Customer and the Partner is subject to the dual resolutive condition that the Artwork is available and that the delivery costs have been accepted by the Customer (by email to info@lovart.be).

  5. The Partner is informed by LOVART that one or more of the Artworks he has put online has been the subject of an order.

  6. The Partner undertakes to confirm and / or deny the availability of the Artwork or Artworks ordered by the Customer within 2 days following the information received as referred to in point e). In case that the same Artwork is the subject of an order by several Customers at a time, and depending on the availability of this Artwork (in case of "unique" artwork), the concerned Artwork will be sold to the first Customer who registered his order. The order will then be denied for the other Customers.

  7. Once the availability of the Artwork or Artworks has been confirmed or denied by the Partner, an email is sent by LOVART to the Customer to inform him of the availability or not of the Artwork or Artworks.

  8. In case of confirmation of the availability of the Artwork or Artworks by the Partner and acceptance by the Customer of the amount related to the delivery costs of the Artwork ordered (by email to info@lovart.be), the double condition resolutory attached to the sales contract concluded between the Customer and the Partner is terminated; the Partner makes a firm commitment to make the Artwork available to the carrier designated by LOVART within the prescribed period.

  9. In the absence of confirmation of the availability of the Artwork or Artworks within the period referred to in point f), or of non-acceptance of the amount related to delivery charges within 2 days from the date of validation of the order , the contract concluded between the Customer and the Partner is automatically resolved and each party is released from its obligations. In particular, the Customer is assured that his bank account will not be charged. However, only the contract for the sale of the Artwork or Artworks not available(s) is covered by this resolution.

  10. In the case of confirmation of the availability of all or part of the Artworks ordered by the Customer and confirmation of receipt of the transfer by LOVART, the said Artworks shall be delivered by the carrier designated by LOVART in accordance with the terms and conditions set out in Article 4.

  1. Price and payment

The purchase price of the Artwork is set by the Partner. It is mentioned in euros including taxes on the descriptive page, but excluding shipping costs, these being filled in by LOVART after the confirmation of the order. The payment of purchases made through the Service is made by credit card to LOVART who cash the corresponding amount, in the name and on behalf of the Partner.

If customs duties, local taxes or import duties are payable, these costs are the responsibility of the Customer and are its sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies. It is his responsibility to check with the competent authorities.

The Customer will be charged the price of the Artwork purchased on the condition that the Partner has validated the availability of the Artwork and that the Customer has accepted the amount related to the delivery costs, which are communicated to him as soon as possible after its order. If the Customer does not agree to the amount related to shipping costs, by email to info@lovart.be, within two days after the communication of the delivery costs by LOVART, its silence may be interpreted by LOVART as a refusal.

In case of unavailability of the Artwork or refusal of the amount related to the delivery costs, the Customer will not be charged and his payment will be canceled.

  1. Payment security

LOVART has chosen STRIPE, a powerful and rigorous tool in terms of securing the means of payment. Although LOVART uses an encrypted security software, the security of information and payments transmitted over the Internet or via e-mail can not be guaranteed. LOVART can not be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) the damage resulting from failure or delay of transmission of electronic communications, interception or the manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

  1. Delivery of the Artwork

The Customer receives the delivered Artwork to the address specified when ordering. The delivery of the Artworks is exclusively ensured by the carrier designated by LOVART. The Partner, provided that he has validated the availability of the Artwork and that LOVART has notified him of the receipt of payment, is responsible for making the Artwork available for the carrier designated by LOVART.

Depending on the Customer's delivery address, different tax rules and fees may apply. The Customer may be required to pay customs duties on the importation at the moment of receiving the Artworks. Neither LOVART nor Partners can control these fees and we can not predict their amount. The Customer will be responsible for the payment of these taxes and customs duties which are not included. The Customer can contact his local customs office for more information before placing his order.

The Partner undertakes to make the ordered Artwork available for the carrier designated by LOVART within the time indicated on the description of the Artwork from the date of confirmation of availability of the ordered Artwork; the Partner making a firm commitment to put the Artworks at the disposal of a carrier designated by LOVART within the specified period. The Artworks are delivered to the address indicated by the Customer when placing his order and should be delivered no later than 7 days after confirmation by the Partner of the availability of the Artwork to the carrier designated by LOVART. It is the sole responsibility of the Customer to ensure that the information communicated to LOVART for this purpose is and remains correct and that it will allow him to receive the Artworks he bought on the Platform.

  1. Right to retract

In accordance with the legal provisions in force, as part of a purchase made from the Partner established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Customer, if he himself is a national of this zone, has a period of 14 days from the receipt of the Artwork or Artworks ordered to exercise, with the said Partner, his right of retraction, without having to justify reasons or to pay a penalty.

For any purchase made from a Partner who is not a member of the European Economic Area or if the Customer is not himself a national of this zone, this right to retract is not applicable. The Customer exercises his right to retract directly from LOVART by sending an email to info@lovart.be.

LOVART will then notify the Partner by sending an email. The Partner is then personally involved in the resolution of the dispute with the Customer. Disputes are settled directly between the Customer and the Partner. The Partner will have to make its best efforts to resolve the dispute between the Customer amicably. In case of exercising the right to retract within the aforementioned period, the price of the Artwork or Artworks purchased will be refunded by LOVART, shipping costs will be reimbursed by the Partner, return costs remaining at the Customer's charge.

The work must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of its sending. The return costs are fully covered by the Customer.

  1. Litigation and Disputes

In general, the Partner undertakes to deliver a quality service to the Customers.

As such, any Customer has the opportunity to report, by sending an email to LOVART at info@lovart.be, within 21 days of the receipt of any Artwork, any claim concerning the Arwork or the Artworks ordered, according to the following criteria:

  • Non-compliant Artwork: the received Artwork does not correspond to the ordered Artwork.

  • Damaged Artwork: the received Artwork is damaged or broken.

In case of a Customer's complaint concerning an Artwork, once the Partner is informed of the said complaint by receiving an email from LOVART, the Partner is personally responsible for the resolution of the dispute between him and the Customer. Disputes are settled directly between the Customer and the Partner. The Partner shall make best efforts to resolve the dispute between him and the Customer amicably.

Depending on the case, the declared dispute will result either in the return of the ordered Artwork and reimbursement of the Customer by the Partner or the partial or total refund of the Client only. In case of the return of the Artwork by the Customer, the Partner will reimburse the Customer for the price of the Artwork, the shipping costs and the cost of return. The Partner will organize the return if necessary.

  1. Personal data

In addition to article 5 of the Terms of use for Customers and article 4 of the Terms of use for Partners, the Customer and the Partner are informed that all data collected as part of the Service when placing orders are processed by LOVART for the processing of said orders. In case of difficulty concerning the processing of this data, the Customer and the Partner may apply directly to LOVART, in accordance with the Terms of use for Customers and Terms of use for Partners.

  1. Partial invalidity

If one or more stipulations of the present GTC are considered invalid or declared as such under a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their strength and all their scope.

  1. Applicable legislation

Les présentes CGU The present GTC for Customers are subject to Belgian law. Any dispute relating to their interpretation and / or execution is a responsibility of the French courts of the Brussels district.