General Terms & Conditions
Article 1: Preamble
These general terms & conditions are concluded, on the one hand, by SPRL Babylonia Communication, whose registered office is established at 1040 Brussels, Boulevard Saint-Michel 65/6, BCE 0843.545.553, hereinafter referred to as "the seller" and, on the other hand, by any natural or legal person named hereinafter "the buyer", making a purchase of any art work via the website www. bombay.gallery of the seller.
These general terms & conditions are intended to define the contractual relationship between the seller and the buyer and the conditions applicable to any purchase made through the seller's website, whether the buyer is a professional or a consumer.
Any order confirmation implies the acceptance of the general terms & conditions by the buyer, without exception or reservation.
The seller reserves the right to modify his general terms & conditions at any time. In this case, the general terms & conditions published on the website at the time of the order are applicable.
Article 2: Characteristics of the proposed works
The art works proposed on the website are those which appear in the catalog published on the website of the seller.
Each product is accompanied by a description drawn up by the artist or the seller.
Depending on the case, the work may be unique or represent a reproduction.
If it is a reproduction, the works thus reproduced are as faithful as possible to the original model but can not ensure a perfect similarity with the product offered, especially regarding colors or contrasts.
Works are offered within the limits of available stocks and any restrictions posed by the artist.
The seller reserves the right to delete a work from his website or his catalog. In this case, the order placed before the deletion of the work of the site or the catalog will remain valid and will engage the seller.
Article 3: Rates
Rates displayed on the website are indicated in euros all taxes included (VAT and other taxes applicable on the date of the order) and excluding processing, transport and shipping costs.
The seller reserves the right to change prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of the confirmation of the order.
Article 4: Orders
The confirmation of an order implies knowledge and acceptance of these general terms & conditions.
At the time of the order, a summary of the information of the order and these general terms & conditions will be sent to the buyer in PDF format via e-mail at the address specified at order confirmation.
Article 5: Right of withdrawal
According to the Code of Economic Law in force in Belgium, the buyer, when being a consumer, has the right to renounce his purchase, without penalty and without giving any reason, within 14 working days from the day after the delivery of the work.
Within this period of 14 days, the consumer must notify the seller by e-mail to the following address email@example.com his intention to renounce his purchase and return, at his expense and risk, the work delivered to the following address: SPRL Babylonia Communication, Boulevard Saint-Michel 65/6, 1040 Brussels.
The work must be returned without delay and at the latest within 14 days after the communication of its decision to withdraw from the contract.
The work must be returned in its original packaging, undamaged, accompanied by the original invoice / delivery note.
Anything that has been incompletely returned or spoiled, damaged or soiled by the buyer will not be accepted. In this regard, the seller publishes on his website a series of general recommendations regarding the conservation, handling and use of art works.
Within 30 days, after acceptance of the resumption of the art work, the seller agrees to refund the amount of the order, excluding shipping costs.
Article 6: Terms of payment
Payment is made via the secure STRIPE system with Visa or Mastercard credit cards.
The ordered art works remain the exclusive property of the seller until full payment of the order.
Article 7: Deliveries
Deliveries are made to the address indicated on the order form. In case of absence, a notice will be left to the buyer.
The seller will make every effort to comply with the delivery times indicated on the website, which take effect at the time of sending the order confirmation e-mail.
In the event of the seller's failure to deliver the goods at the agreed time with the buyer, the buyer has the right to terminate the contract if he is a consumer. When the contract is terminated, the seller shall refund, without undue delay, any sum paid under the contract.
If the delay is attributable to the artist or any supplier of the seller, the seller will immediately inform the buyer by indicating the new delivery dates. In any case, the seller agrees to deliver the work within a period of 90 days starting at the time of sending the order e-mail confirmation.
In any case, the seller cannot be held responsible for delays attributable to a case of force majeure (strike, accident, etc.).
The goods are transported at the risk of the buyer to the delivery address specified by the latter.
Article 8: Guarantee
The consumer benefits from a legal guarantee for any lack of conformity of the art work existing at the time of its delivery and which appears within a period of two years as from this date. Articles 1649bis to 1649octies included of the Belgian Civil Code apply.
With regard to consumers, the seller guarantees the sold art works.
In case of nonconformity of an art piece, the consumer must notify the seller by e-mail as soon as possible and in a precise manner to the following address: firstname.lastname@example.org
In this case, the art works must be returned to the seller in the state in which they were shipped (accessories, packaging, instructions ...). Those that are incompletely returned, or that are spoiled, damaged or soiled by the buyer will not be taken back. In this regard, the seller publishes on his website a series of general recommendations regarding the conservation, handling and use of art works.
The shipping costs will be refunded to the buyer on the basis of the invoice price and the return costs will be refunded to the buyer upon presentation of receipts.
The guarantee is, however, limited to the Belgian territory and does not apply if the defect originates from the improper handling, deterioration or improper use of the product by the buyer.
The invoice or the delivery note acts as a guarantee and must be kept by the consumer and presented in original.
Article 9: Liability
The seller cannot be held responsible for the damages inherent in the use of the Internet (cuts, viruses, intrusion, etc.).
The data given on the website is given in good faith.
Article 10: Intellectual Property
All elements of the seller's website are and remain the exclusive intellectual property of the seller.
It is prohibited to reproduce, exploit, repost, or use for any purpose whatsoever, even partially, elements of the website whatsoever.
Any simple link or hypertext is strictly prohibited without the prior written consent of the seller.
Article 11: Retention of Rights
If the work is unique, the Artist assigns to the buyer of the work its copyright on the work as well as the ownership of the work itself. He also assigns all the economic rights to the work.
In this case, the Artist authorizes the buyer of the work to make reasonable changes to the work. He expressly waives his moral right to oppose these amendments unless he demonstrates that the amendment in question is prejudicial to his work.
If the work is not unique (for example, in the case of a limited edition photo of 10 prints), the Artist retains all copyrights and all the economic rights on the artwork. Only the property of the reproduction of the work (for example, the numbered copies sold) is transferred to the buyer.
Article 12: Personal data
All personal data necessary for the processing of an order is retained by the seller and can be transmitted to the companies with which the seller - or its suppliers - collaborate, when such communication is necessary for the processing of an order. The buyer who is opposed to this can inform the seller by e-mail to the following address: email@example.com
The buyer also authorizes the seller to use this data to establish statistics to improve his website and the products he offers.
The seller keeps personal data to facilitate subsequent orders.
The seller undertakes not to disclose the information available to another company or other company outside its activities.
The data kept by the seller may at any time be requested and corrected upon request of the buyer.
Article 13: Proof
The parties accept, within the framework of their relations, the electronic means of proof (for example: email, computer backups, ...).
Article 14: Dispute Resolution
The French version of these general terms & conditions will be the one used for the interpretation of these conditions.
The present general terms & conditions and more generally the contractual relations between the seller and the buyer are subjected to the Belgian law.
In case of dispute, only the courts of the registered office of the seller are competent.