Terms and Conditions
Article 1: General provisions
The store and webstore of ART OF SENSE BTW BE0801.658.973 (hereinafter ART OF SENSE) offers its customers the opportunity to purchase products online.
These General Terms and Conditions (“Terms”) apply to all items from the webshop range and to every purchase that the customer places at ART OF SENSE. The customer accepts that these Terms and Conditions will be the only ones applicable to the exclusion of his own general or specific (purchase) conditions, even if they stipulate that they are the only ones applicable.
Article 2: Price
All prices quoted are always inclusive of VAT. If transport, reservation, or administrative costs are charged, this will be stated separately. The price statement refers exclusively to the articles as described verbatim. The accompanying photo is intended for decorative purposes and may contain elements items that are not included in the price.
Article 3: Offer
Each offer is only open to customers residing in the European Union. The articles are only intended for normal private use.
Even though the catalog and website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. If you have specific questions about e.g., sizes, color, availability, delivery term or delivery method, please contact our customer service in advance (see article 14).
ART OF SENSE is only bound to an obligation of means about the correctness, up-to-date ness or completeness of the information provided.
Art of Sense is in no way liable in the event of material errors, typesetting or printing errors. The offer is always valid while stocks last and can be adjusted or withdrawn at any time by ART OF SENSE.
ART OF SENSE is entitled – without stating reasons – to refuse orders, to adjust the delivery times, to split the deliveries, or to attach other conditions to the delivery.
Article 4: Online purchases
The customer has the option to purchase the items from the ART OF SENSE range online.
The purchase is made when the customer receives a confirmation email from ART OF SENSE. The items will be delivered to the customer’s home on the delivery date indicated in the confirmation email.
The customer can choose between the following payment methods:
• via credit card
• via bank card/app
• via PayPal
• Cash payment on delivery or collection
Article 5: Retention of title
The delivered items remain the exclusive property of ART OF SENSE until full payment has been made by the customer. However, the risk due to loss or damage is transferred to the customer from delivery. The customer undertakes, if necessary, to point out to third parties the retention of title of ART OF SENSE, e.g., to anyone who would seize the items not yet fully paid for.
Article 6: Sanctions for non-payment
Without prejudice to the exercise of other rights available to ART OF SENSE, in the event of non-payment or late payment, the customer owes an interest of 10% per year on the unpaid amount from the date of default by operation of law and without notice. In addition, by operation of law and without notice, the customer owes a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice. Without prejudice to the foregoing, ART OF SENSE reserves the right to take back the articles that have not been paid (in full).en.
Article 7: Complaints
Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported immediately on pain of forfeiture of all rights.
Article 8: Warranty and Conformity
8.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations.
8.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur regarding a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur based on the law and /or the distance contract..
8.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective, or incomplete, the customer must immediately report these defects in writing to ART OF SENSE (before proceeding to return it to ART OF SENSE). Any defects or incorrectly delivered goods must be reported in writing and can be returned to ART OF SENSE no later than 14 days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of a defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void. In concrete terms, this means that used and unpacked goods (not in original packaging) are never accepted.
8.4 If the customer’s complaints are found to be well-founded by ART OF SENSE, ART OF SENSE will, at its discretion, replace the delivered goods free of charge or make a written settlement with the customer about compensation, on the understanding that the liability of ART OF SENSE and provided that the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at ART OF SENSE’s option) to the maximum amount covered in the relevant case by ART OF SENSE’s liability insurance. Any liability of ART OF SENSE for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
8.5 ART OF SENSE is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-managerial staff.
8.6 This warranty does not apply if:
A) and if the customer is in default towards ART OF SENSE.
B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the directions of ART OF SENSE and/or instructions for use on the packaging.
D) the defectiveness is wholly or partly the result of regulations that the government has made or will make about the nature or quality of the materials used.
General
To invoke the warranty, the customer must be able to present proof of purchase. For items purchased online and delivered to the customer’s home, the customer must contact ART OF SENSE customer service in advance via contact@artofsense.be, after which the customer must return the item to ART OF SENSE at his expense. Any defect must be reported within 14 days of its discovery. Afterwards, any right to repair or replacement lapses. The (commercial and/or legal) warranty never applies to defects that arise because of accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or changes to the item, heavy-handed use, poor maintenance, abnormal or incorrect use. Nor does it apply to articles with a shorter life, or wear articles. Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless proven otherwise by the customer. The warranty is not transferable.
Article 9: Withdrawal period
The provisions of this article only apply to customers who purchase items online in their capacity as consumers:
The consumer has the right to inform ART OF SENSE that he renounces the purchase, without payment of a fine and without giving any reason, within 14 working days from the day following the delivery of the product.
The consumer has the right to inform ART OF SENSE that he renounces the purchase, without payment of a fine and without giving any reason, within 14 working days from the day following the delivery of the product.
Customers who wish to make use of the right of renunciation must contact ART OF SENSE customer service within 14 working days of delivery and return the goods to ART OF SENSE at their expense within 10 working days of delivery of the goods. Only items that are in the original and undamaged packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned. Under no circumstances will be taken back:
–used, soiled, damaged or incomplete items
– articles whose packaging (or part of it) has been opened
– items that are tailor-made for the customer
– items that cannot be returned due to their nature
Article 10: Privacy
ART OF SENSE undertakes to use your data exclusively to meet your request and to send you information from Art of Sense. If you would also like to receive information by e-mail, please also provide your e-mail address.
We treat your data as confidential information and will never pass it on to third parties. You can request, correct, change, or delete your data that we keep in the ART OF SENSE customer list at any time, and you can refuse Art of Sense to use your data to send you information. It is sufficient to request this in writing.
For more information, ask for the ART OF SENSE privacy charter or go to artofsense.be. The customer is responsible for keeping his login details and the use of his password confidential.
Article 11: Infringement of validity – non-renunciation
If any provision of these Terms is held to be invalid, illegal, or void, this shall in no way affect the validity, legality, and applicability of the other provisions. Failure at any time by ART OF SENSE to enforce any of the rights listed in these Terms, or to exercise any right hereof, will never be considered a waiver of such provision and will never affect the validity of those rights. affect.
Article 12: ART OF SENSE customer service
The ART OF SENSE customer service can be reached on the telephone number
+32 (0)465 04 68 28 or contact@artofsense.be
Article 13: Change of conditions
These Conditions are supplemented by other conditions that are explicitly referred to, and the general sales conditions of ART OF SENSE. In the event of any contradiction, these Terms and Conditions shall prevail. ART OF SENSE may change these Terms and Conditions at any time without further notice. Any purchase after the change constitutes an acceptance by the customer of these new Terms and Conditions, which also apply to Pre Orders that have already been paid.
Article 14: Evidence
The customer accepts that electronic communications and backups can serve as evidence.
Article 15: Applicable law – Competent court
Belgian law applies, with the exception of the provisions of private international law on applicable law and with the exception of the Vienna Convention on Contracts for the International Sale of Goods. In the event of any disputes, only the courts in Antwerp are competent.