Terms and Conditions

1 GENERAL - DEFINITIONS

These are the general terms and conditions of CHARLOTTE BEERNAERT ON / VAT BE 0896.950.288, established at 8840 STADEN, Ter Linde 6B, charlotte@tuinderkunsten.be , tel. 0472 681 672, hereinafter referred to as the entrepreneur.

The entrepreneur is understood to mean the natural person, specified above, who offers products and/or (access to) digital content and/or services at a distance.

The legislation obliges the entrepreneur to provide the customer with transparency in connection with the conditions that apply to the transaction to be concluded. This is required before a valid distance contract (electronic) can be concluded. You are therefore informed that these general terms and conditions apply to any offer made by the entrepreneur to its customers and to any agreement that may be concluded between them.

Customers are understood to mean consumers or private individuals and the companies with whom the entrepreneur contracts. The consumer or private person means the natural person who is acting for purposes outside his trade, business, craft or profession. The companies are understood to mean (i) the natural person who independently performs a professional activity, (ii) the legal persons, and (iii) the other organizations without legal personality, but with a commercial purpose.

The entrepreneur is active as an interior stylist and in this capacity (i) she provides interior advice, (ii) she carries out interior decoration of private buildings and company buildings and (iii) she rents out works of art.

The general terms apply to all three types of agreements: (i) interior design advice, either through digital meetings or through site visits, (ii) interior design according to a subscription formula, and (iii) rental of art objects.

2 PRICE - PAYMENT

2.1 The stated prices include VAT, unless expressly stated otherwise.

If the VAT rate of 21% changes, the entrepreneur reserves the right to adjust the total price accordingly.

2.2 All payments are made in cash at the time of the transaction. The entrepreneur accepts the following payment methods: (i) bancontact, (ii) bank transfer, (iii) direct debit.

2.3 The customer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

2.4 In the case of a subscription formula, the price to be paid monthly will be indexed every 12 months, in accordance with the consumer price index and according to the following formula: price x new index figure

base index

The base index figure is the index figure of the month preceding the month in which the agreement is concluded.

The new index figure is the index figure of the month preceding the month of the anniversary of the entry into force of the agreement.

3 COMMITMENTS

3.1 The entrepreneur will deliver works of art in the described condition.

The entrepreneur decides on his own whether the customer's hanging system is still functional enough to use. If not, the entrepreneur will renew the hanging system at the customer's expense.

Upon delivery, the entrepreneur makes a photo report of the work of art to record its good condition. The photo report is delivered to the customer via whatsapp or email. Unless immediately stated otherwise, the photos are deemed to be a correct representation of the condition in which the work of art was delivered.

The replacement value of the work of art is specified with each agreement. By concluding the agreement, the customer accepts the estimate of the replacement value of the work of art.

The customer must use the goods as a normally careful and reasonable person and in accordance with any instructions for use provided by the entrepreneur.

In the event of damage, loss or theft of the works of art, the customer is obliged to inform the entrepreneur of this within 24 hours after becoming aware of the facts.

Damage to a work of art cannot be repaired.

If at the end of the agreement the artwork is not in the same condition as it was at the beginning, the customer will reimburse the value of the damaged artwork, more precisely the value, without deduction of fat percentages. This rule does not apply if the damage can be repaired, for example if the damage only manifests itself on the frame of a painting .

Under no circumstances may the customer repair a work of art or have it repaired or change the work of art or the hanging system, at the risk of paying the replacement value (without deduction of fat percentages) in the event of damage to the work.

3.2 The customer is entitled to insure the value of the works of art against damage.

3.3 The customer cannot transfer his rights and obligations to a third party.

The private customer will only use the services and products of the entrepreneur for personal use in his private home.

The customer company will only use the services and products of the entrepreneur at the location of the organization.

3.4 The Customer undertakes to always respect the intellectual rights of the artist.

The customer may not copy, distribute, commercialize, sell, rent, make available, reproduce or photograph the artworks.

If the Customer wants to share a photo or video of the artwork on social media, he will always mention the website of the entrepreneur via hashtags #detuinderkunsten or in another way: www. detuinderkunsten.be .

4 USE GUIDELINES

4.1 The customer must handle the private home or company, in which the work of art is displayed, as a normally careful and reasonable person, and must ensure that smoking is not allowed inside the company or the home.

4.2 Works of art may not be kept near a heat source or in a damp place and must be protected from direct sunlight.

4.3 Skin oils and dirt from fingers have a detrimental effect on paint and canvas in the long term. The customer avoids at all times to touch artworks on canvas. The customer will always hold artworks by the frame.

4.4 The works of art must remain wrapped if they cannot be hung in place immediately.

The works of art may never be placed directly on the floor, but always on foam or bubble wrap.

When the customer removes the packaging, he must first remove the tape from the packaging. Loose hanging tape can seriously damage the paint layer of a painting on contact.

The customer must keep and reuse the original double bubble wrap to return the artwork.

4.5 Under no circumstances may the customer change the hanging system of his work of art.

In the event of manipulation of this system, all damage to the artwork will be the responsibility of the customer.

4.6 If the Client is responsible for the transport of a work of art himself, he undertakes to take the necessary, customary and appropriate precautions necessary for the safety and preservation of the loaned works of art. Under no circumstances may works of art be transported in a vehicle in the open air (e.g. on a bicycle, in a trailer, on the roof of a car, convertible, motor vehicle...).

The customer transports and carries the artworks vertically, in the same hanging direction. This minimizes the risk of damage to frames.

5 MOVE

5.1 The customer undertakes to immediately inform the entrepreneur of any change to his contact and personal data.

5.2 If the customer moves, the customer must let us know the date of the move no later than 30 days before the actual move.

In the event of a move, the agreement will in principle be dissolved, without refund of any compensation paid.

If the customer sends a request to the entrepreneur, the latter may agree to continue the agreement at the new location, against payment of any relocation allowance.

6 TERM

6.1 The start date of the subscription period is equal to the date on which the artwork is delivered to the customer's home. That date will appear in an email or whatsapp message (see article 3.1).

6.2 If the customer is a consumer, he has the right to dissolve the agreement free of charge if the work of art has not been delivered within 30 days after the conclusion of the agreement.

7 ACCESS

The customer undertakes to always grant the entrepreneur access to view and/or check and/or collect the artwork.

If the Customer cannot meet a delivery, collection or viewing appointment with the entrepreneur, the customer must notify the entrepreneur at least 36 hours in advance. If not, the customer will pay to the entrepreneur a fixed compensation for the useless journey amounting to 1.25 EUR/km from the entrepreneur's seat to the customer's address and back, with a minimum of fifty-five euros (55 EUR).

8 WITHDRAWAL

A right of withdrawal applies to the consumer - and only to the consumer.

If the consumer purchases products (e.g. painting) or services (e.g. loan of painting / e.g. interior styling/advice) outside the offices of or via the website of the entrepreneur, he can invoke his right of withdrawal.

If the consumer wishes to make use of the right of withdrawal, this must be done within 14 calendar days, counting from the day following the day of receipt of the goods or the day on which the service agreement was concluded.

There are no costs associated with exercising the right of withdrawal and no reason needs to be given.

The consumer can exercise his right of withdrawal by using an unequivocal statement in which he declares to withdraw from the transaction, via the model withdrawal form, which can be found at https://economie.fgov.be/sites/default/files /Files/Forms/Revocation Form.pdf . This must be completed and signed and returned to the entrepreneur.

The goods must be returned undamaged, in original condition and in original packaging at the expense of the customer within 14 calendar days of receipt at the latest. The shipping date serves as a check.

The entrepreneur will refund the amount paid to the customer no later than 14 days after receipt of the returned goods.

9 DEFAULT PERFORMANCE

If it appears that one party does not comply with the contractual obligations, and does not comply with this after having been given written notice of default, the other party can, without owing any compensation, suspend the agreement or dissolve it unilaterally and out of court.

Without being limitative, one of the following situations can be considered:
- incorrect customer data or misuse thereof;
- non-compliance with contractual obligations;
- indications of theft, fraud or other criminal offenses;
- use of a product or service contrary to these conditions, or to the general rules of good faith (public order / good morals).

All costs or damage that would arise for the entrepreneur as a result of the customer's violation or non-compliance with these general terms and conditions, will be borne by the Customer.

Conversely, all costs or damage that would arise for the customer, as a result of the violation or non-compliance by the entrepreneur of these general terms and conditions, are for the account of the entrepreneur.

10 PRIVACY

The entrepreneur only keeps those personal data of the customer that are necessary for the execution of this agreement.

The customer accepts that we process the personal data for the purpose of managing the relationship between the entrepreneur and the customer, as well as with future customers, the follow-up of customer files and accounting (including invoicing and possible collection) in accordance with the applicable regulations .

11 FINAL PROVISIONS

The entrepreneur can only change conditions and/or characteristics of its services and products and/or its prices when this is necessary due to objective external factors that do not depend on its will, such as government measures and/or changes in legislation.

The nullity of one of these provisions does not result in the nullity of the agreement in its entirety. The parties will negotiate in good faith to replace the unenforceable or void provision with an equivalent agreement.

If you have a complaint, you can address it to the entrepreneur via charlotte@tuinderkunsten.be

If, in the opinion of you as a customer, the complaint is not taken seriously enough, you can turn to the Consumer Ombudsman Service of the FPS Economy. It is authorized to receive any request for out-of-court settlement of consumer disputes. This in turn will either handle the application itself or forward it to a qualified entity. The Consumer Ombudsman Service can be reached via this link: http://www.consumentenombudsdienst.be/

In the event of disputes of a cross-border nature, the consumer can also appeal to the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr

All agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Belgian law and in the event of disputes, only the court where the entrepreneur has its registered office will have jurisdiction.