Terms & Conditions

Definitions

These General Conditions of Sale (hereinafter the " GTC ") are offered by Jean PANEK, whose registered office is at 1410 Waterloo (Belgium), chaussée de Louvain, 243 and registered under the B.C.E number 0765.546.566 (hereinafter " Jean Panek ")

The following will be referred to as :

- " Site ": the site www.aquarellesandwatercolors.com and all of its pages.

- " Products ": all the products (watercolors) that can be purchased on the Site.

- " Seller ": Jean Panek, individual acting under the Artist Status, offering his Products on the Site.

-   " Customer ":  the Site user, individual or professional, making a purchase of Product (s) on the Site.

- " Consumer ": any natural person who acts for purposes that do not fall within the scope of his/her commercial, industrial, craft or liberal activity.

Internet users visiting the Site and interested in the Products offered by the Seller are invited to carefully read these GTC, print them and / or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the GTC and accepts them fully and without reservation.

Article 1 - Application of the GTC and purpose of the Site

 1.1. The Seller reserves the right to modify this GTC at any time by publishing a new version of them on the Site. The GTC’s applicable to the Customer are those in force on the day of his order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in, the legal notice and the privacy policy in separate documents hereof.

 1.2. This Site offers the online sale of Products : paintings (mainly unique watercolors and art works).

1.3. The acquisition of a Product supposes the acceptance, by the Customer, of the entirety of these GTC, which acknowledges by the same fact to have taken full knowledge of them. This acceptance may consist for example, for the Customer, of ticking the box corresponding to the acceptance sentence of these GTC, for example having the words "I acknowledge having read and accepted all the general conditions of the Site".

Acceptance of these GTC assumes that Customers have the necessary legal capacity for this.

1.4. The Site owner makes available to the Customer, on its Site, a privacy policy specifying all the information relating to the use of the Customer's personal data collected by the Site owner and the rights belonging to him/her with regard to his/her personal data. The data privacy policy is part of the GTC. Acceptance of these GTC therefore implies acceptance of the data privacy policy.

Article 2 - Creation of a Customer account

2.1. By the end of the creation of a "Customer account", the Customer will be asked to provide a certain amount of personal information such as his name and first name, his e-mail address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information.

The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.

2.2. The Customer registered on the Site has the possibility of accessing it by logging in using his/her identifiers (e-mail address defined during registration and password). The Customer is fully responsible for protecting the password he/she has chosen. If the password is forgotten, the Customer has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the Customer therefore refrains from transmitting or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.

2.3. The Customer account allows the Customer to consult all his orders made on the Site. If the data contained in the Customer account section were to disappear following a technical failure or a case of “force majeure”, the Seller's liability could not be engaged, this information having no evidence value but only informative.

Each Customer is free to close his account on the Site. For this, he/she must send an e-mail to the Seller indicating that he/she wishes to delete his account. No recovery of his/her data will then be possible.

2.4. The Seller reserves the exclusive right to delete the account of any Customer who has infringed these GTC (for instance, when the Customer has knowingly provided incorrect information). Said deletion will not be liable to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.

Article 3 - Terms of order subscription and description of the purchase process

3.1. The Products and Services offered are those which appear in the catalog published on the Site. These Products are offered within availability limits as they are the unique, original paintings or their prints.

The photographs of the Products in the catalog reflect a faithful, best possible image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure perfect and absolute similarity with the “physical” Products.

3.2. In order to proceed with his/her order, the Customer chooses the Product (s) he/she wishes to order by adding them to his "Basket", the content of which can be modified at any time.

As soon as the Customer considers that he/she has selected and added to his basket all the Products he/she wishes to buy, he/she will have the possibility, to validate his/her order, to access his/her basket by clicking on the button provided for this purpose.

He/she will then be redirected to a summary page on which he/she will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he/she wishes to validate his/her order, the Customer must check the box relating to the ratification of these GTC and click on the validation button. The Customer will then be redirected to a page in which he must fill in the order form fields. In the latter case, he/she must provide a certain number of personal data concerning him/her, necessary for the perfect running of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.

3.3. Once the Customer has completed the form, he/she will then be invited to make his payment using the means of payment listed in the section of these GTC relating to payments. After a few moments, the Customer will be sent an order confirmation e-mail, reminding him/her of the content of the order and the price thereof.

3.4. The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 - Price and terms of payment

4.1. Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros net to be paid (VAT exemption according to article 56bis of the VAT Code –known as VAT exemption regime and excluding possible participation in the costs of processing and shipping.

4.2. Jean Panek reserves the right at any time to modify the prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

4.3. The Customer can place an order on this Site and can pay by bank transfer, bank card. Payments by bank card are made by means of secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or the payment provider receiving payment from the Customer. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC do not start to run until the date of effective receipt of payment by the Seller, the latter being able to provide proof thereof by any means.

4.4. The availability of the Products is indicated on the Site, in the description of each Product.
The Seller will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 – Deliveries

5.1. The delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be in material impossibility to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

5.2. Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with the Consumer and the Product being entirely paid.

5.3. The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature.

To exercise his right of refusal, the Customer must open the damaged or defective package (s) in the presence of the carrier and have him take back the damaged merchandise.Failing to comply with these requirements, the Customer will not be able to exercise his/her right of refusal, and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.

5.4. If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him/her to follow up on his order.The shipment duties of the returned Products will be paid by Customer. If the Customer has mistakenly refused the package, he/she may request it to be returned by first paying the postal charges for the new shipment by Customer. Postal charges must be paid even for orders for which the postage costs were offered at the time of the order.

5.5. In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product allows withdrawal, according to article 47 of the Book VI of the Code of Economic Law), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from an awkwardness or wrong moves on the part of the Customer cannot be attributed to the Seller. The Products will be shipped to the address provided by Customer on the order. Any mistakes in shipment to the wrong address provided by Customer and resulting cost cannot be attributed to the Seller.

5.6. Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of a date or time indication when ordering, greater than thirty (30) days from the date of the conclusion of the contract, may result in the resolution of the sale at the initiative of the Consumer Client, upon written request from him/her by registered letter with acknowledgment of receipt, if after having given notice the Seller to make the delivery, this latter has not performed the sale. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the total amount paid. This clause is not intended to apply if the delay in delivery is due to a case of “force majeure”.

Article 6 - Right of withdrawal and withdrawal form

6.1. In accordance with article 47 of Book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product from his order or the conclusion of the contract for the provision of services, to withdraw. He/she will be required to return any Product that does not suit him/her and request the exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by the Seller of the refund request.

6.2. The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post.

If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him/her at his/her expense.

It is recommended that the Customer make the return using a solution that allows tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another method of payment, and to the extent that the refund does not result in any costs for the Customer.

6.3. The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place.

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer may be held liable.

6.4. In accordance with article 47 of Book VI of the Code of Economic Law, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of Jean Panek,  Artist, Chaussée de Louvain, 243 – 1410 Waterloo (Belgium)

I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract relating to the sale of thegood(*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
NameofClient(s):
Address of Client (s) :
Signature of the Client (s) (only if this form is notified on paper):
Date:
(*) Cross out the unnecessary mention.

Article 7 - Product warranty

7.1. All items acquired on this site benefit from the following legal guarantees, provided for by articles 1641 and following of the Civil Code.

7.2. The Seller is required to deliver goods in conformity with the contract and to respond to any lack of conformity between the Product and the catalog picture existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product. Since each product is a unique piece of art, very fragile so no defect conformity should be applicable once the sale and contract is done and Product is shipped.

7.3. Complaints, requests for exchange or reimbursement for a non-conforming Product must be made by post or by email to the addresses indicated in the legal notices of the site. The return shipping costs of the goods are the responsibility of the Customer.
In the event of non-compliance of a delivered Product, it may be returned to the Seller who will exchange it.

Article 8 - Customer service

Customer service for this Site is accessible by e-mail at the following address: info@aquarellesandwatercolors.com or by post at the address indicated in the legal notice.

Article 9 – Liability

9.1. The Seller cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of “force majeure”.Regarding the Products purchased, the Seller will not incur any liability for any indirect damage as a result of these, operating loss, loss of profit, damage or costs, which may occur.

9.2. The choice and purchase of a Product are the sole responsibility of the Customer. The total or partial inability to use the Products cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product allows the withdrawal, according to article 47 of the Book VI of the Code of Economic Law.

9.3. The Customer expressly admits to using the Site at his/her own risk and under his/her exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. The Products are unique pieces of art and once purchased cannot be returned due to aesthetical or their content non-compliance with Customer expectations.

In any case, the Seller can in no case be held responsible:
- for any direct or indirect damage, in particular with regard to the loss of profits, the loss of customers, of data which can among others result from the use of the Site, or on the contrary from the impossibility of its use,;
- a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or even the use of a browser little used by the Customer;
- the content of advertisements and other links or external sources accessible by Customers from the Site.

9.4. The photographs and visuals of the Products presented on the Site are in no way contractual, the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.

Article 10 - Intellectual property rights

10.1. All elements of this Site belong to the Seller.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting.

10.2. Any Customer who is found guilty of counterfeiting would be liable to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, on the initiative of the Seller or its agent.

Article 11 - Independence of clauses

11.1. If any provision of the GTC is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the GTC and will not affect the validity and enforceability of the remaining provisions.

11.2. These present GTC replace all prior or contemporary written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings in connection with the GTC. The parties agree that all correspondence relating to these GTC must be written in the French or in the English language.

Article 12 - Applicable law

12.1. These GTC are subject to the application of Belgian law. The GTC applicable to the Customer are those in force on the day of his/her order or his connection to this site.

12.2. Except for provisions of public order, any disputes which may arise in the context of the execution of these GTC may, before any legal action, be submitted to the assessment of the Site owner with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided by public order, any legal action relating to the execution of this contract must be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal of Brussels – Belgium.