The term “User” means any person, company or corporation registered in the user area of the Website.
The term “Buyer” refers to any person, company or corporation on whose behalf a Work has been purchased on the Catch-Art Website.
The term “Due Date” means the date of issue of the Invoice.
The term “Invoice” means any invoice issued by Catch-Art.
The term “Artist” means the author of one or more Works within the meaning of Book XI, Title 5 of the Code of Economic Law and/or the natural person who signed the Work(s) and who has, in any case, mandated Catch-Art for the sale of the Work(s) on the Internet Site.
The term “Delivery” refers to the physical delivery of the Works to the Buyer.
The term “Work(s)” refers to one or more items (canvas, drawing, sculpture, etc.), installations, and/or objects offered for sale on the Catch-Art Website and, if applicable, purchased by the Buyer.
The term “Order” refers to each order made by a Buyer under the conditions provided in Article 3.
The term “Catch-Art” refers to the company “Let’s try the other way”, whose registered office is located in Belgium, rue Edith Cavell 128, 1180 Brussels, registered with the ECB under number 0821.974.040 and with VAT under number BE0821.974.040.
The term “Website” refers to the www.catchart.be Site and its derivatives.
PREQUISITE ACCEPTANCE
The use of the Website, as well as any Order placed or sent to Catch-Art, necessarily implies, as an essential and determining condition, the unreserved acceptance of the present General Conditions by the visitor and/or the User and/or the Buyer.
In case of purchase, the sale is concluded between Catch-Art and the Buyer.
In case of purchase, the Buyer marks his agreement as to the present by means of a checkbox followed by “Read and accepted” with a link to the freely downloadable general conditions. Otherwise, the purchase cannot be completed. These general terms and conditions are therefore an integral part of the contract with the Buyer. They are applicable by right and take precedence over the Buyer’s general terms and conditions.
The present general conditions are available on the Catch-Art website “catchart.be”, are included on the back of the invoices and are available upon request.
In case of translation of the present general conditions, the French version will always be considered as the official version which prevails over all others in case of discussions.
GENERALS – AVAILABILITY – PURCHASE – PRICE
The Works are available for purchase through the Website. The price mentioned on the Website is indicated including all taxes.
In the event of an Order, the Buyer shall receive, by e-mail, a confirmation of his/her Order and of the dispatch of his/her Order. All contractual information relating to the Order shall be drafted in one of the languages available on the Website by the User at the time of registration. This information will be confirmed by e-mail, at the latest at the time of delivery, in accordance with Article 4 of these General Terms and Conditions.
The prices offered at the end of the Order process are denominated in euros as reference prices, and include, unless otherwise stated, VAT. They do not include the contribution to the logistic and shipping costs, and the payment costs which are mentioned separately. Ownership is transferred when the price is paid in full. Purchases can only be paid for by VISA, MasterCard, PayPal or bank transfer. In case of refusal by the Buyer’s bank, the order will be automatically cancelled. Buyers guarantee that they are fully entitled to make payments. The payment of purchases on the Website is secured by SSL (Secure Socket Layer) encryption. Catch-Art and/or the Artist do not have direct access to confidential data related to payments, and these data are not recorded by Catch-Art.
Catch-Art cannot be held responsible for damages resulting from the unavailability of a Work, for example due to a parallel sale occurring at the same time. In case of unavailability of a Work that has been the subject of a confirmed Order, the Buyer will be informed by e-mail or by telephone of the total or partial cancellation of his Order. If the unavailability is communicated to the Buyer when the amount of the Order has already been debited from his/her bank account, a request for reimbursement will be immediately introduced by Catch-Art to his/her bank. The Buyer will be informed by e-mail. The speed of the refund will depend on the payment method chosen. If a credit card has been used, the refund will be indicated on the Buyer’s next monthly statement of expenditure. If the Buyer considers that the refund is taking an unusually long time, they are invited to contact their bank.
DELIVERY – COMPLAINT
The Works are delivered only after full payment.
Delivery is handled and carried out by the Artist directly or Catch-Art.
Orders are delivered to the delivery address indicated by the Buyer during the online Order process, and according to the terms specified therein. The Works ordered may only be delivered to an address located in the European Union, excluding a post office box. The transport company is Embelco.
If no one is available to receive the Order at the time of delivery, a delivery notice will be left, and the Buyer should contact the shipping company to obtain the address where the Buyer can pick up the package.
Catch-Art will ensure that the Order is processed as soon as possible and, as far as possible, within 30 days. The 30 day delivery period is counted from the time of the Order. This is an average time given as an indication only. The Artist and/or Catch-Art endeavour to respect this deadline, but neither he/she nor Catch-Art can be held responsible for any delays in the processing of Orders or in their delivery. The system of control carried out at the time of the delivery of the Order by the carrier will constitute a presumption of the effective deposit of the Order (and of its good reception by the Buyer), which will be taken as proof, except contrary proof brought by the Buyer.
In the event that it should prove, under the conditions set out in this Article, that the shipment that would have been made has been lost during the delivery process, Catch-Art will offer another Work of equivalent value, or refund the amount of the Order, the costs and risks of which are borne by Catch-Art.
CONFORMITY
All Works offered by Catch-Art are described in good faith and as accurately as possible. However, the images presented on its Website have no contractual value because, depending on the screen used by the Buyer, there may be nuances of colour. Catch-Art declines all responsibility for errors that could appear in the descriptions of the Works such as a difference in size of less than 10%, variations in colour, etc.
The authenticity of the Works is guaranteed.
CONTROL – RETURN – REFUND
In accordance with Book VI, Title 3 of the Code of Economic Law, the consumer has the right to notify the seller that he/she renounces the purchase, without penalties and without giving any reason, within 14 calendar days from the day after the delivery of the Work. This is his right of withdrawal.
However, the consumer does not have the right of withdrawal if he/she has ordered the Work according to his/her own specifications, for example, but not exclusively, if he/she has requested a particular frame for the Work, a specific print, a specific size, a portrait of him/herself from the Artist, etc. This right of withdrawal does not apply to the professional buyer. Notification of withdrawal must be made by means of the return form available on the Catch-Art Website or, at the Buyer’s discretion, more generally by any unambiguous statement setting out his/her decision to withdraw from the contract.
The Buyer’s right of withdrawal is subject to the return of the entire delivery within 14 working days from the sending of the aforementioned form. The returned Works must be sent in their original condition, in their original packaging, also in perfect condition, and must be accompanied by the invoice and the duly completed return document. Any return whose sender cannot be identified will be refused. After the 14 day period, Catch-Art will not be able to accept the return and may send it back to the sender. The return will be made to the address communicated by Catch-Art.
Only the shipping costs related to the return will be charged to the Buyer. The reimbursement of the Order will take place within 14 days following the notification of withdrawal, being specified that the payment is deferred until the recovery of the Work, or until the consumer has provided a proof of shipment of the Work, the date retained being the first of these facts. The amount reimbursed will in all cases be limited to the amounts actually paid by the Buyer.
CATCH-ART MANDATE – ARTISTS’ GUARANTEE
Catch-Art acts as the Artists’ agent. It does not own the Works offered on the Website and does not conclude the sale.
The Artists guarantee that the Works they offer for sale on the Catch-Art Website are free of visible or invisible defects, which would make normal use of the Work impossible or dangerous. The legal guarantee is applicable. Catch-Art will not be held responsible for any apparent defects of the delivered Works. In all cases, the Buyer will have to contact the Artist, whose coordinates will be transmitted by Catch-Art to the Buyer at his request.
Excluded from the guarantee are Works whose damage is caused voluntarily or by negligence (breakage, breakage, humidity, inadequate temperature, exposure to inappropriate light including direct sunlight, oxidation, liquid infiltration, electrical surge, fire, or any other case of force majeure) and Works showing traces of restoration (or repair and/or modifications carried out by a third party not approved by Catch-Art). Likewise, this guarantee is not applicable insofar as the damage results from wear and tear, transport, misuse or storage of the Work.
With respect to these conditions, the guarantee given by the Artist is for a period of 2 years from the day after the date of delivery of the Order, failing which it is no longer admissible. The buyer is required to inform the seller of the existence of the lack of conformity within two months of the day on which he noticed the defect.
INTELLECTUAL RIGHTS
The texts, logos, the database containing the published data, the various pages of the Site, the photos and illustrations, the images and music on the Catch-Art Website are universally and/or individually protected by copyright, trademark law and other relevant intellectual property rights. They therefore remain the private property of Catch-Art or the Artists, as the case may be. Therefore, any copy, publication, reproduction or any other exploitation, infringement in any form whatsoever, is prohibited without prior written authorization from Catch-Art, and from the Artists if applicable. Any infringement may result in civil and/or criminal proceedings.
RESPONSIBILITY AND FORCE MAJEURE
Catch-Art cannot be held responsible for errors that would appear in the texts and photos used in the description of the Works sold. Catch-Art declines all responsibility in case of damages that would result from a malfunction, or an improper use of the Works sold, as well as those that would result from modifications made by the Artist.
Catch-Art and/or the Artist shall have the right to delay the date of Delivery, or failing that to cancel any Order, without liability on its part if such delay or cancellation results from an unforeseeable, insurmountable cause beyond the control of the Parties and, including but not limited to, cases of natural disasters, epidemics, war, requisition, fire, flood, industrial accidents, interruption or delay in transport, terrorist attack, lock-out, strike or industrial dispute at Catch-Art, the Buyer, the Artist or a third party, interruption or difficulties in exporting enacted by the government of the country of origin or possible import restrictions enacted by the government of the country of destination. This does not give rise to any right to damages on the part of the Buyer.
NON-WAIVER – CANCELLATION – VOID
The failure to exercise any of the rights set forth in these terms and conditions of sale, or to require strict performance by the Buyer of any of said obligations or stipulations, shall not constitute a waiver by Catch-Art of any subsequent requirement to perform such stipulations or obligations.
The annulment and/or nullity and/or possible illegality of one of the clauses of the present general conditions of sale shall not affect the validity of the other clauses, the annulled provision to be replaced by common law or, in the case of a Consumer Buyer within the meaning of the Economic Law Code, by the provisions applicable to this type of sale.
PERSONAL DATA PROTECTION
Catch-Art is the controller of the personal data collected in the context of the mission entrusted to it. in accordance with the applicable regulations, the personal data collected will only be processed for the purposes announced.
Catch-Art processes your personal data to the extent necessary primarily for Order management, customer management and for direct marketing purposes (such as sending newsletters, greetings, alerts, etc.), unless you object. Your personal data may be transmitted to other entities, in the context of and for the purposes of the Order (accountant, banking institution, intermediary in the context of secure online payment) as well as for technical purposes (hosts and other online services, electronic correspondence, etc.). Under no circumstances will your personal data be provided to third parties for direct marketing purposes.
In accordance with the regulations in force, as an individual you have the right to be informed regarding the processing of your personal data, to access them, to rectify them, to be informed in the event of their violation, to request their deletion, portability or to limit or oppose their processing. The exercise of these rights is free of charge. If necessary, you can send us an e-mail to exercise one or other of your rights: info@catchart.be or to the following address: Rue Edith Cavell 128, 1180 Brussels.
The personal data collected will only be kept for the time necessary to meet the stated purposes or to comply with Catch-Art’s legal obligations. Once your Order is closed, your data is stored for a maximum of 10 years, starting from the end of the Order. Beyond this period, your data may be kept for processing for direct marketing purposes, unless you object and unless you exercise your rights mentioned above, in particular the right to rectify, oppose, limit or forget.
Within the limits set out above, in addition to the necessities of processing for the execution of the Order and to fulfil its legal obligations, you therefore expressly authorise Catch-Art and its employees to retain and process the personal data communicated.
Complaints – Applicable Law – Disputes
Each user of the Website with a question or complaint may contact Catch-Art via the “Contact Us” link available on the Website.
These general sales conditions as well as any special sales conditions are subject to Belgian law.
In the event of a dispute concerning all or part of these terms and conditions of sale, as well as those that may arise from the conclusion, execution and all the consequences of any order and/or purchase, jurisdiction is granted to the French-speaking courts of Brussels (Belgium) ruling under Belgian law.
