General terms and conditions of sale

 

V. 16/09/21

 

1. Contact details of the seller

 

The webshop, www.artbystep.be (hereinafter: The Webshop), is owned by Dominique Kegels, natural person-company, with registered office at 2970 Schilde, Kluisdreef 17 and registered with the KBO under number: 0847.427.137 (hereinafter: The Seller).

 

Telefoonnummer:0475530738

E-mail address: info@artbystep.be 

 

2. Definitions

  1. “Consumer": Any natural person who purchases Products made available by Seller in the Webshop exclusively for non-professional purposes.
  2. “Buyer": Any party acting as a purchaser of the Seller's Products, whether a natural or legal person.
  3. “Party': Buyer or Seller.
  4. “Parties": Buyer and Seller. 
  5. “Products": the Walking routes that can be purchased in the Webshop.
  6. “Seller': Dominique Kegels

 

3. General

  1. These General Terms and Conditions of Sale apply to all sales by the Seller of Products to a Buyer via the Webshop. They replace any previous general terms and conditions of sale of the Seller. The possible application of the Purchaser's general terms and conditions is hereby expressly excluded.
  2. In order to place an order, the Buyer must be at least 18 years of age or older. If the Seller notices that the order has been placed by a minor, it reserves the right to refuse the order. 
  3. By placing an order in the Webshop, a distance sale between the Parties is created. These General Terms and Conditions shall be communicated to the Purchaser together with the order confirmation by e-mail again in a format that can be saved or printed.  
  4. By placing an order with the Seller via the Webshop, the Buyer is deemed to accept these General Terms and Conditions in their entirety and without reservation.
  5. Deviations from these General Terms and Conditions of Sale are only possible with the specific and written approval of the Seller.
  6. The possible nullity of any provision of these General Terms and Conditions of Sale can in no way imply the nullity of the other provisions. In that case, the parties will make every effort to replace any invalid provision with an equivalent and valid provision.

 

4. Prices

  1. All prices in the Webshop are shown in EUR and include VAT unless otherwise stated.  
  2. Discounts or promotions are valid for the duration indicated on the Webshop. 

 

5. Order and confirmation

  1. To purchase a Product online in the Webshop, you must press the "Buy" button or scan the QR code, after which you must leave your billing details or log in via your personal account where your billing details have already been entered.
  2. The Seller assumes that the invoicing details provided by the Buyer are correct. The Vendor shall of course not be liable in the case of fraud or deceit or in the case of mistakes by the Buyer which prevent or delay the execution of an order.
  3. If the order process has been completed successfully, the order will be confirmed to the Buyer. The Buyer will receive two emails: an order confirmation and a subsequent email with the invoice. 
  4. The order confirmation and invoice shall be kept by the Seller for as long as it is legally permissible. The Buyer may obtain them again at any time on explicit request.

 

6. Payment method

  1. The Seller reserves the right to refuse any order from a Buyer with whom a dispute is pending or with whom a dispute has already arisen in the past.
  2. The Purchaser's bank account is debited after confirmation of the purchase, and the payment only becomes effective when the Purchaser's bank has given its approval for the payment to the Vendor.
  3. In case the Buyer's bank refuses the payment, the order is automatically cancelled.
  4. The Buyer warrants that she is authorised to make online payments with one of the listed payment methods (Bancontact, Visa, Mastercard and iDEAL) and that there is sufficient funding in the bank account linked to the credit card, Maestro debit card or iDEAL account to cover all costs arising from the transaction.

 

7. Delivery time and costs

  1. The Products are delivered digitally by download from the Webshop. 
  2. The Products can be downloaded as soon as the Seller has received the payment. There are no additional costs involved. 
  3. If the Seller fails to fulfil his obligation to deliver, i.e. if the Product cannot be downloaded as soon as the Buyer has completed payment, the Buyer shall inform the Seller within 24 hours after payment. The Seller will ensure that the Product can be downloaded within the following 48 hours. Failing this the Purchaser will have the right to terminate the agreement and reclaim the purchase price. 

 

8. Right of withdrawal for consumers

  1. The Consumer does not have a right of withdrawal when purchasing digital content which is not supplied on a tangible medium, as this is delivered immediately after payment at the Consumer's request. 

 

9. Guarantee 

  1. The Seller guarantees that the Product it offers in the Webshop is suitable for the purpose for which it is intended, namely the provision of a Walking route. The Walking route offers the Buyer a walk along various galleries in the relevant neighbourhood.  
  2. When using the Product, each Purchaser shall comply with the customary traffic regulations applicable to the route indicated. The Seller cannot be held responsible for violations of traffic regulations by the Buyer, nor for any temporary traffic obstructions/ impediments that cause slight deviations in the indicated route. 
  3. The Seller shall in any case only be liable for a defect in conformity at the time of delivery of the Product and for a period of two years from delivery of the Product. 
  4. In the event of an actual defect in conformity of the Product, the Purchaser has the right to have the digital content corrected (unless this involves unnecessary costs for the Seller), to receive a price reduction or to have the contract rescinded. 

 

10. Liability 

  1. The Seller shall not be liable, except for willful misconduct or gross negligence, for any damage suffered by the Purchaser or any third party as a result of the inability to use or improper use of the Products. Nor shall there be any liability on the part of the Seller when the Products are wrongly used by the Purchaser or a third party.
  2. Under no circumstances shall the Seller be liable for any indirect damage, consequential damage, immaterial damage or trading loss. In the event of liability for direct damage, any compensation shall not exceed 10 times the value of the Products purchased. 
  3. However, any limitation of liability in clauses 10.1 and 10.2 shall not apply if the damage concerns physical injury or death.

 

11. Notifications

All notifications between the Buyer and the Seller shall be made by e-mail to the e-mail address stated above, as well as to the e-mail address provided by the Buyer. 

 

12. Change

The Seller reserves the right to amend these General Terms and Conditions of Sale at any time. In the event of a modification during the execution of the order, the Vendor shall notify the Buyer of the modified text. In the absence of any written protest within fourteen days of notification of the modified text, the Buyer shall be deemed to have agreed to the modified text and the modified text shall be binding on the Buyer for the current order.

 

13.Intellectual property rights

All intellectual and other property rights in the Products, including but not limited to copyright, trade mark, design and model rights, shall remain the exclusive property of the Seller. The Products may only be used personally by the Purchaser and may not be disclosed or reproduced in any form without the prior written consent of the Seller. An infringement of the Seller's intellectual property rights shall in any event be sanctioned by a fixed compensation of EUR 5,000 per infringement. The Seller reserves the right to recover from the Buyer any additional damage suffered in excess of this amount. 

 

14. Portrait rights

  1. The Walking route shall lead the Buyer to several galleries. In the galleries, photographs and/or videos may be taken by the Seller or a member of the Seller's staff on which the Buyer or the Buyer's group/family/company can be identified. These pictures may be used by the Seller for commercial purposes, namely advertising. 
  2. If you pose for a photo/video which is taken in the gallery, you implicitly give your consent that these photos/videos may be used by the Seller for commercial purposes. If you notice that photographs are being taken of the premises and you do not wish to be recognisable on these photographs, please inform or write to the Seller or his representative via the contact details given in Article 1. In that case, we will make sure that you are unrecognisable in the photos and/or videos. 

 

15. Place of jurisdiction - choice of law

  1. The sale of the Products and these General Terms of Sale are governed exclusively by Belgian law.
  2. In case of disagreement about a sale or the General Conditions of Sale, such dispute shall be submitted exclusively to the competent courts located in Antwerp, division Antwerp (Belgium). If the Buyer is a Consumer, this jurisdiction shall not be exclusive and the court of his place of residence shall be competent if this differs from the aforementioned court.
  3. For Consumers there is also the possibility of recourse to alternative dispute resolution through the Consumer Ombudsman Service (North Gate II, Koning Albert II-laan 8 Bus 1 1000 Brussels, tel: 02 702 52 00, contact@consumentenombudsdienst.be, www.consumentenombudsdienst.be/nl). If you are a consumer living in a European country other than Belgium, we refer you to the online dispute resolution portal of the European Commission: https://ec.europa.eu/odr.