General Terms & Conditions of sale
Article 1. Scope of the general terms and conditions
All contracts and offers regarding the customised products of the arts2be trademark provided by Hypersources (the « Seller ») are subject to these general terms and conditions to the exclusion of those of the Client.
These terms of sale are concluded, on the one hand, by the company Hypersources ("the Seller") and, on the other hand, by any natural or legal person wishing to make a purchase via the website of the seller, named here -after "the Customer".
The present conditions of sale aim to define the contractual relations between the Seller and the Customer as well as the conditions applicable to any purchase made through the Seller's website. The acquisition of a good or a service through this site implies an unconditional acceptance by the Customer of these conditions of sale. These conditions of sale shall prevail over any other general or special conditions not expressly approved by the Seller. The Seller reserves the right to modify his conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the Customer.
The Customer declares to have read these general conditions of sale before placing his order. The placing of his order is therefore acceptance without restrictions or reservations of these general conditions of sale.The Customer declares having read these terms and conditions of sale before placing his order. As such, placing his orders implies acceptance of these general terms and conditions of sale without restriction or reservation.
Article 2. Product ordering
The products are those listed in the catalog published on the Seller's website. Each product is accompanied by a description prepared by the Seller. The photographs in the catalog are as faithful as possible but can not ensure a perfect similarity with the product offered, particularly with regard to colours. These products are offered within the limits of available stocks.
The Customer bears all telecommunication costs for accessing the Internet and any costs related to using the site.
The Customer who wishes to buy a product validates his order in 4 steps:
2.1. Identification: creation of a customer account with contact details, e-mail address or authentication via an existing customer account;
2.2 Summary of the order:
The Customer provides his billing address and delivery address.
Visualization of the order: item (s) ordered (s) and total amount of the order.
During this step, the Customer has the opportunity to check the data entered during the ordering process and possibly correct them.
A link to these general conditions of sale is proposed to the Customer, who must check the box "I accept the terms and conditions of sale" to proceed to the next step.
The Customer has the option to subscribe to the Seller's newsletter by ticking the box provided for this purpose.
The validation of the order is carried out when the Customer clicks on the button "Pay"
2.3 Payment (see Article 4)
2.4 Confirmation of the order
The Customer receives a confirmation of his order on the e-mail address entered in the customer account and containing a link to these terms and conditions of sale.
The Customer will receive a shipping confirmation e-mail when it is delivered by the Seller to the Carrier (see Article 5).
The contract is not archived. However, a tracking of the acceptance data of the contractual documents by a click is kept by the Seller to prove this acceptance and the transaction.
The confirmation of the order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and the waiver of its own conditions of purchase or other conditions. All data provided and the recorded confirmation will be worth proof of the transaction.
Article 3. Product price
The total price (in Euros) to be paid by the Customer consists of the product price and delivery costs. The Customer will be informed of this price at the time his order is validated.
All orders placed on the website and dispatched outside of Belgium might be subject to possible taxes and customs duties. These delivery-related costs are at the Customer’s expense and are his responsibility. The Seller is not obligated to inform the Customer of any applicable taxes or customs duties in the country of delivery.
Article 4. Payment
To validate his order definitively, the Customer is redirected to the payment area.
Purchases are made by credit card via the secure payment server Paypal.
The Customer must then fill in certain information relating to the credit card used: the name of the credit card holder, the credit card number, the expiry date thereof and his cryptogram number via his Paypal account.
The order will be considered valid and the sale perfect after confirmation of the bank payment agreement. If the bank refuses, the order will be automatically canceled.
In any case, the Seller reserves the right to refuse any order or delivery in case of dispute with the Customer, total non-payment or partial payment of a previous order by the Customer, refusal of authorization payment by credit card of banking organizations. The Seller's liability can not be incurred in the event of litigation.
After payment and validation of bank details, an order confirmation is sent by e-mail to the Customer, on the address entered during the creation of his account. The confirmation contains the details of the items ordered. The transaction number acts as an invoice. The Customer may contact the Seller at services@arts2be.com to obtain additional copies of the invoice. The Seller may use the e-mail address provided to keep the customer informed of the status of his order (order being processed / payment order validated via Paypal / order shipped / closed order).
5. Delivery
Delivery is made to the delivery address entered by the Customer during the validation of his order.
Delivery times are only indicative; if they exceed thirty days from the order, the sales contract may be terminated and the Customer refunded.
Delivery is made by the FedEx Carrier, or another carrier chosen by the Seller. The delivered products remain the property of the Seller until the delivery to the Carrier.
At the moment the products are delivered by the Seller to the Carrier, the Customer is informed by e-mail. It authorizes the Seller to communicate his details for the realization of the delivery, including his email address so that he can, if necessary, receive the information of the Transporter concerning the progress of the delivery.
The Seller declines all responsibility in case of loss, damage (damaged product, wet package, hole or open) or delay caused by the Carrier during the duration of the transport. Insofar as the delivery costs had to include an insurance concerning the delivered products, the Seller passes on the benefits to the Customer.
Article 5. Right of withdrawal
In accordance with the law, the Customer has the right to notify the Seller that he renounces his purchase, without penalty and without giving any reason, within 14 working days from the day after the day of delivery of the product. This right of withdrawal does not belong to the Professional Client.
Within this period, the Customer must notify his intention to resign by e-mail and return the product delivered to the headquarters of Hypersources: 32 Avenue Chevalier Jehan, B-1300 Wavre, Belgium. Free return for Belgium.
Products must be returned in their original packaging, undamaged, accompanied by all their accessories, the certificate of authenticity and the original invoice / delivery note.
Products returned must not have been unpacked, unsealed, used in any way.
Goods that are incomplete, damaged or dirty by the customer will not be taken back.
Within 30 days, after acceptance of the resumption of the goods, the Seller agrees to refund the possible payment, with the exception of shipping costs for all countries except Belgium. Unless otherwise agreed, the Customer may not exercise the right of withdrawal for products made to the Customer's specifications or clearly personalized (unique piece by order).
Article 6. Guarantee of conformity
The Customer has to ascertain himself that the product or the products that have been delivered to him correspond with his order. If the delivered products are not in conformity with his order, the Customer has to inform the Seller by email at services@arts2be.com while referring to his order number.
The Seller responds to the Customer for any lack of conformity which exists at the delivery time of the product and which occurs within a timeframe of one year counting from the delivery. Lack of conformity exists when the product does not correspond with the description given by the Seller or when the product is not fit for its normal use. The simple and normal wear and tear of the product does therefore not constitute a lack of conformity. Complaints which have been duly drafted and reported to the Seller are open in case of lack of conformity, within a maximum period of two months from the date of discovery. Within the framework of said complaints, the Customer can only demand the reparation or replacement of the product either by an identical product provided that such a product still exists in the collection presented by the Seller, or by another similar product.
Article 7. Protection of personal data
Collecting personal data of the Customer is necessary for registering, processing, and delivering the orders as well as for drafting the invoices.
The Seller commits himself to processing these data according to the provisions of Belgian legislation for personal data protection.
By confirming your order, you authorise us to disclose all personal data necessary for the processing of the order by our suppliers, partners, and other public or private institutions whose intervention is necessary for a complete order service, secure transaction, packaging, transport, and delivery.
If the Customer subscribes to the Newsletter at the moment of validating his order, he allows the Seller to electronically communicate to the Customer events related to new collections or other events. The Customer can at any time unsubscribe, by clicking on the link at the bottom of the email containing the newsletter, or by disabling his Customer Account.
The personal data will under no circumstances be sold or delivered to third parties for marketing purposes.
The Customer disposes of a right of access, modification, rectification and suppression of all data which concerns him. In order to exercise this right, the Customer has to send an email to services@arts2be.com.
Article 8. Intellectual property rights
The « arts2be » trademark as well as the entirety of the other trademarks, figurative or not, and more in general all other trademarks, illustrations, images, videos and logos depicted in the arts2be articles and on the website, their accessories or parcels, whether delivered or not, are and remain the exclusive property of the Hypersources company.
Likewise, the Seller is the exclusive holder of the intellectual property rights with regard to the customised products of the arts2be trademark.
Any reproduction, total or partial, modification or usage of the trademarks, products, illustrations, images and logos, for whatever reason or on whatever medium, is strictly forbidden without prior and express consent of the Seller.
Article 9. Liability – Force majeure
The Seller is not liable for any possible « screen/reality » differences in colour nor for customisation choices of the ordered product that would not be suitable.
The Seller is not liable for the degradation of the product or consequential damages due to non-compliance with maintenance instructions, which are provided with the product.
Moreover, the fulfilment by the Seller of all or part of his obligations will be suspended upon the occurrence of a fortuitous event or force majeure which would impede or delay said fulfilment. Are considered as such, notably, without this list being exhaustive, war, riots, insurrection, civil unrest, strikes of any nature, and supply problems of the Seller. The Seller will inform the Client of any probable fortuitous event within seven (7) days of occurrence.
Article 10. Dispute – Applicable law – Competent courts
These Terms and Conditions of Sale are subject to Belgian law.
In case of any difficulty arising in connection with the order or the delivery of the arts2be products, the Customer will have the possibility, prior to any legal action, to seek an amicable solution, notably with the help from a consumer association or any other counsel of his choice, or use any other alternative means of dispute resolution.
Any dispute which may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences will be subject to the exclusive jurisdiction of the Belgian courts, especially the courts where the Seller has established his registered office.
Article 11. Identification of the Seller
The HYPERSOURCES company is a private limited liability company under Belgian law, with its registered office at
Avenue Chevalier Jehan, 32 in 1300 Wavre.
Company registered with the Crossroads Bank for Enterprises under number BE 0539.862.606.
Telephone :+32 407403420
Email address : services@arts2be.com