The specific conditions of each sale (items purchased, prices, terms, etc.) and these General Conditions of Sale constitute the entire contractual framework applicable to any sale that occurs on the MAGRITTE SHOP website. They cancel and replace any other possible previous communication (except for express written derogation approved by the parties).
The present preamble is an integral part of the General Sales Conditions.
2. IDENTITY OF MAGRITTE SHOP
MAGRITTE SHOP SRL
Head office : Rue Ernest Gossart 33, 1180 Brussels, Belgium
Email : [email protected]
Telephone number : +32 (0) 499 93 93 66
VAT identification number: BE0773.778.403
ECB number: 0773.778.403
The terms used in these general terms and conditions or on the MAGRITTE SHOP website must be understood in the following manner:
3.1 MAGRITTE SHOP: the company MAGRITTE SHOP which offers its Products for sale on the Site.
3.2 Customer: any legally capable natural person who places an order for Product(s) on the Site or any professional who places an order for Product(s) on the Site in this capacity.
3.3 GTC: the present General Terms and Conditions of Sale.
3.4. Order: request made by the Customer on the Site with a view to concluding a sales contract for one or more Products offered for sale on the Site, between MAGRITTE SHOP and the Customer.
3.5. Products: all goods offered for sale by MAGRITTE SHOP on the Site and defined in Article 5 of these GTC.
3.6. Site: the MAGRITTE SHOP website on which the products are offered for sale to the Customer. The Site is accessible at the following addresses, depending on the State where the Customer is located at the time of the sale: www.magritte.com
3.7. Transaction: all operations, secure processing, authorizations and agreements inherent to the payment of products ordered by credit card or by any other virtual transaction means offered on the Site.
3.8 Force majeure: unforeseeable and irresistible event, independent of the will of the Parties.
4. ACCEPTANCE OF THE GTC
The Customer expressly acknowledges having read and understood these General Terms and Conditions of Sale and declares, by placing an Order, that he/she accepts them without reservation. The placing of an Order by the Customer shall constitute acceptance of the GTC.
MAGRITTE SHOP sells all kinds of products derived from or bearing the effigy of René Magritte's works, for which it has exclusive authorizations and licenses duly granted, through a distribution network and its website, which allow it to sell its products to both private and professional customers.
6. COMMITMENTS OF THE CUSTOMER
6.1. The Customer declares to be legally capable.
6.2. The Customer agrees to provide information in accordance with these GTC that is true, accurate and up-to-date. The Customer shall be solely responsible for the accuracy of such data.
The Customer is the holder of the bank card with which the payment of the Product(s) ordered on the Site will be made in accordance with these GTC or confirms that he/she has the proper authorization of the holder.
6.3. The Customer shall refrain from any partial or total resale of the said Products ordered on the Site and shall ensure that, in the event that he is not himself the recipient of the Products, the recipient shall also refrain from any partial or total resale of the Products. In the event of resale by the Customer in contravention of these GTC, MAGRITTE SHOP is relieved of all risks and liability that may result.
The acquisition of a Product on which a license to use the works of René Magritte applies does not authorize the Customer to act as the holder of such a license. He only has the right to the Product purchased, and no right of any kind to the works or image of René Magritte. Any infringement of this provision will be subject to legal proceedings and/or injunctive relief, with a claim for damages against the buyer.
7.1. The Customer connects to the Site, fills his or her shopping cart and places an Order for the products he or she has chosen while browsing the Site, in accordance with this Article.
7.2. All information provided by the Customer when entering the data inherent to their Order is binding on the Customer. MAGRITTE SHOP shall in no way be held responsible for any typing errors made by the Client as to the contact information of the Client or of the recipient of the Products ordered (notably the shipping address and the invoicing address), nor for any delays or impossibility of delivering the Products ordered as a result of said errors.
7.3. The automatic registration systems shall be deemed proof of the nature, content and date of the Order.
7.4. MAGRITTE SHOP reserves the right not to validate the Sales Order in the following cases (this list is not exhaustive):
• In the event that the Products ordered are not available in stock. MAGRITTE SHOP only offers for sale on the Site those Products that are available in stock. The offers and prices are valid as long as they are visible on the Site. However, in the event of an order for a Product which, for whatever reason, is no longer available in stock, MAGRITTE SHOP shall inform the Customer and cancel the Order for the Product not available in stock.
• In the event that the issuer of the payment card used by the Customer refuses to validate the payment or in the event of a dispute relating to the payment of a previous Order;
• In the event of fraud or reasonable suspicion of fraud on the part of a Customer;
• In case of abuse of contestation and/or multiple abusive claims by the Customer concerning one or more of its Orders.
In such a case, the sums paid by the Customer, if any, before the Product is delivered to him/her, will be fully refunded and the sales contract as well as all the obligations resulting from it will be cancelled.
7.5. Upon receipt and validation of the Order, MAGRITTE SHOP shall confirm acceptance of the Order by sending a confirmation message to the e-mail address provided by the Customer when registering the Order. The sale shall only be deemed to have been concluded once the said Order confirmation has been sent.
The Customer undertakes to keep a copy of this confirmation e-mail, as well as a copy of these GTC, either by printing them out or by keeping them on a durable medium (understood as any instrument that allows the Customer and MAGRITTE SHOP to store information that is addressed personally to the Customer so that he/she can refer to it at a later date for a period of time that is appropriate for the purpose for which the information is intended and that allows for the identical reproduction of the stored information).
7.6. If the ordered product is not or no longer available immediately, MAGRITTE SHOP will inform the customer of the delivery time by email. If the Customer is not satisfied with the given delivery time, he/she can choose to modify or cancel his/her Order for this Product.
7.7. The Customer agrees to receive an electronic version of the invoice corresponding to the Order.
8.1. The client can choose between two different delivery methods: a delivery to the nearest "point relais" (relay station) to the address indicated on the Order form, or a standard delivery to the delivery address indicated on the Order form.
The delivery costs/shipping costs are at the customer's expense, except for special conditions defined at the time of the order.
Any import costs are to be paid by the customer.
Delivery times :
Delivery times are between 2 and 5 working days.
Except for in-store collection, where the order is available the same day.
- BeNeLux: 4,95€ TTC
- Europe: 9,95€ TTC
- World: 14,95€ TTC
- BeNeLux: basket of 120€ TTC
- Europe: basket of 150€ incl. VAT
- World: basket of 180€ TTC
Customs information :
Any import fees or customs fees outside Europe are at the customer's expense. We advise you to inquire beforehand about the import conditions of your country.
Due to the situation in Ukraine:
Ups has suspended operations in Ukraine, Belarus and Russia.
Ups continues to monitor the situation closely. For the latest information on the status of the situation you can visit ups.com.
8.2. After confirmation of the Order and acceptance of the payment by the organization in charge of the transaction, MAGRITTE SHOP undertakes to send the ordered products to the Customer at the delivery address indicated when the Order was placed, generally between 2 and 5 working days of the destination. All details concerning delivery methods and times are available on the Site. The Customer understands that this time frame, as well as those mentioned on the Site, are provided for information purposes only and may vary depending on the circumstances. In no case does their mention constitute a commitment on the part of MAGRITTE SHOP, which cannot be held responsible for longer delivery times, as long as the legal deadline is respected.
8.3. In the event that MAGRITTE SHOP undertakes to deliver the Products within a certain time period and cannot meet this deadline for any reason whatsoever, MAGRITTE SHOP will inform the Customer without delay. The Customer will then have the choice of accepting the new deadline proposed by MAGRITTE SHOP, or cancelling the sale.
In such a case, MAGRITTE SHOP will be obliged to reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was cancelled.
8.4. By placing the Order, the Customer agrees to pay all taxes, duties, fees and other charges, present and future (including customs and import fees) due for the delivery of the Products ordered. MAGRITTE SHOP cannot be held responsible in this regard.
8.5. Delivery is made according to the methods and by the carriers indicated on the Site.
8.6. Upon receipt of the Products ordered, the Customer must verify the good condition of the product delivered and take note of its conditions of use as indicated in the instructions provided. In the event that one or more of the products ordered are missing or damaged, it is recommended that the customer or recipient make the necessary reservations to the carrier at the time of delivery and/or contact MAGRITTE SHOP via the Contact page.
8.7. In the case of a delivery, standard or express, to the delivery address provided, if a package is not received despite the various passes of the carrier (maximum three passes), it will be deposited by the carrier in the drop-off point closest to the delivery address provided.
If the customer does not pick up the order at the drop-off point within the time limit set and communicated for this purpose and the Products must be returned, MAGRITTE SHOP will reimburse the customer, less the return costs and other costs related to the failure to pick up the package.
8.8. If the customer has indicated an incorrect address (including, but not limited to, an incorrect country, postal code, street name, number, etc.), the costs of modifying the order will be charged to the customer, in addition to a handling fee of €5, and in addition to the additional costs of a new shipment.
If after such an error, the customer requests a refund of the order, MAGRITTE SHOP will refund the customer, minus the costs of return and other costs caused by the customer's error.
9.1. In the event of a visible and/or qualitative defect in an item or other shortcoming noted by the Customer upon delivery, the Customer undertakes to contact MAGRITTE SHOP as soon as possible to notify it.
In such a case, the Customer undertakes to describe as clearly and exhaustively as possible the shortcoming it has noted. It is recommended that these complaints be communicated to MAGRITTE SHOP via the Contact page (contact form, email, telephone or mail).
The customer shall attach to his/her complaint photos of the damage or error relating to the Product, and shall specify the order number concerned.
9.2. Claims filed with MAGRITTE SHOP will be answered within fourteen (14) days from the date of receipt. If a complaint requires a longer foreseeable processing time, MAGRITTE SHOP will send a response within the fourteen (14) day period acknowledging receipt and giving an indication of when the Customer can expect a more detailed response.
9.3. The Customer agrees that he/she cannot submit claims that are not justified by concrete and proven elements. MAGRITTE SHOP reserves the right not to accept any further Orders from Customers who have abused their right to submit complaints in accordance with this article. It is agreed that such abuse occurs when the same Customer has submitted multiple claims for previous Orders without having justified them with concrete and proven elements.
9.4. If MAGRITTE SHOP accepts that there has been a shipping error or that the Product has been damaged, MAGRITTE SHOP will bear the cost of returning the Product to the Customer, who will either exchange the Product or reimburse the Product, depending on the Customer's choice and the availability of the Product.
10. RIGHT OF WITHDRAWAL
10.1. In accordance with the rules in force on the subject, the Customer has the right to withdraw from his order, without having to give a reason, within a period of fourteen (14) days, following receipt of the Products.
The Customer who intends to make use of this right of withdrawal must return the products to the address mentioned in article 2 of these GTC, within fourteen (14) days, following the reception of the Products. The costs directly related to the return of the product will be charged to the Customer.
MAGRITTE SHOP will immediately refund the amount paid for the product in question and, in any case, no later than fourteen (14) days after receiving notice of the Customer's wish to terminate the contract, but not before MAGRITTE SHOP has received the returned product in question or the Customer can prove that the product was really returned. If, when placing the order, the Customer has chosen a delivery method other than the cheapest standard delivery method offered by MAGRITTE SHOP, the additional costs resulting from this choice will not be reimbursed upon termination of the contract.
However, the refund will only be made once MAGRITTE SHOP is in possession of the returned Product and has been able to verify its perfect condition (in its original packaging). If the Product has been used and/or damaged, it will not be refunded.
10.2. As an exception to the above, the right of withdrawal under Article 10.1 does not apply to items that cannot be returned for health or hygiene reasons and whose seal has been removed after delivery.
11.1. The price indicated on the Product Sheets does not include the costs related to transport.
11.2. The price indicated at the end of the Order placement process and in the Order confirmation shall be the final price inclusive of all taxes, unless import taxes or customs duties are subsequently imposed in the customer's country of destination, in which case they shall be charged to the customer.
11.3. The prices indicated on the Site are only valid on the date the Order is placed. MAGRITTE SHOP reserves the right to modify them at any time and without prior notice.
12.1. The price of the products is payable in cash by one of the payment methods offered on the Site on the day the Order is placed.
12.2. Protection against fraudulent use of the payment methods used for the transaction, particularly as a result of piracy, and against any disputes regarding payment of the price of an Order shall be provided by the intermediaries Stripe and Paypal.
12.3 In accordance with point 7.4 above, the Order shall not become effective until the secure bank payment center and Stripe and PayPal have given their consent to the execution of the transaction corresponding to the Order. In the event that the secure payment center or Stripe and PayPal refuse to accept the Order, the Order shall be automatically cancelled and the Customer shall be immediately notified by e-mail or on the banking platform used.
12.4. The information concerning the Order shall be subject to automated data processing, for which Stripe and PayPal shall be responsible. The purpose of this automated data processing is to combat credit card fraud. Stripe, PayPal and MAGRITTE SHOP are the recipients of the data relating to the Order. Failure to transmit the data relating to the Order shall prevent the transaction from being completed and analyzed. In the event of fraudulent use of a credit card, an irregular declaration or an anomaly, the Order data associated with this unpaid order may be entered into a payment incident file.
13.1. MAGRITTE SHOP may not in any way be held responsible for damages of any kind that may result from improper use of the products sold.
MAGRITTE SHOP shall not be held liable for normal wear and tear of the Product, negligence of any kind during use by the user, alteration of the Product by the Customer or by a third party, improper storage or packaging of the Product by the Customer or failure to comply with the Product's instructions for use.
13.2. MAGRITTE SHOP cannot be held responsible for any changes in the composition of the Products made by the manufacturers.
13.3. MAGRITTE SHOP's liability shall in any event be limited to the amount of the Order.
13.4. MAGRITTE SHOP cannot be held responsible for simple errors or omissions that may have occurred despite all the precautions taken in the presentation of the products. In particular, the photos on the site are provided for information purposes only. Under no circumstances may a modification of the container or content of a Product be invoked in the event of a discrepancy with the photo available on the Site. The notices published in the Product Sheets are for information purposes only. The Customer undertakes to read carefully the instructions displayed by the manufacturer on or in the packaging of the Product. It is this leaflet that contains the information (and in particular dosages and contra-indications) that the Customer and in general any person who will consume the Product must respect.
13.5. If the website contains links to other websites. MAGRITTE SHOP cannot be held responsible for the current or future content of these websites, nor for the content of external websites that have a link to the MAGRITTE SHOP site.
14.1 All Products purchased from MAGRITTE SHOP benefit from legal guarantees.
The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The legal guarantee on the product(s) will not be due in the event of non-observance of the instructions of uses and maintenance of the products.
15. INTELLECTUAL PROPERTY
15.1. The texts, layouts, illustrations, photos, files and other elements appearing on the Site are protected by copyright and, in general, by the principles of intellectual property law. The content of the Site may not be copied. It may not be modified, placed on another site or published in any form without prior written authorization from MAGRITTE SHOP. This Site may also contain texts, illustrations and other elements protected by third party copyright. MAGRITTE SHOP does not in any way and under no circumstances give permission to use its intellectual property or that of third parties.
15.2. The brand, images, designs and models are the exclusive property of MAGRITTE SHOP and may not be used without the express consent of the latter.
16. MODIFICATION OF THE SERVICE OR THE GENERAL SALES CONDITIONS
16.1 MAGRITTE SHOP reserves the right to modify its Website, its procedures and its GTC at any time.
16.2. The GTC that are effective at the time the Order is placed by the Customer will be the reference GTC, unless a change to these conditions is required by an administrative or governmental authority. In that case, such changes may apply to orders placed prior to the change.
17. MISCELLANEOUS PROVISIONS
17.1. If any provision of the GTC is declared null, invalid, illegal or unenforceable for any reason, the Customer and MAGRITTE SHOP agree that the others will remain in full force and effect. The null, void, illegal or unenforceable clause will be retroactively replaced by a valid and enforceable clause whose content is as close as possible to that of the original clause.
17.2. The customer and MAGRITTE SHOP agree that they can exchange information necessary for the execution of these GTC by electronic means. Any electronic communication between them has the same evidentiary value as a written document on paper.
A printed version of the GTCs and any disclaimer issued in electronic form shall be accepted in any judicial or administrative proceedings relating to this contractual relationship, in the same way and under the same conditions as other documents and business records created and kept in printed form.
17.3. Neither the Customer nor MAGRITTE SHOP will be held responsible for any delay in the performance or non-performance of its obligations resulting from events of force majeure.
17.4. Any communication or notification that MAGRITTE SHOP makes to the Customer will be deemed valid if it is addressed to the email address that the Customer has provided, even if this is no longer valid.
18. SETTLEMENT OF DISPUTES
18.1. In the event of difficulties in the application of these GTC, the Customer and MAGRITTE SHOP reserve the right to seek an amicable solution before taking any legal action.
MAGRITTE SHOP is not subject to any extrajudicial procedure for arbitration of complaints and disputes. Nevertheless, the Customer may call upon any existing mediation service that is competent to hear a dispute with MAGRITTE SHOP.
18.2. In the absence of an amicable agreement between the Customer and MAGRITTE SHOP, only the French-speaking Courts and Tribunals of Brussels (Belgium) will be competent to hear any dispute arising from the validity, interpretation, execution or non-execution, interruption or termination of these GTCs, regardless of the place of delivery of the Products or the Customer's domicile.
The contracts and all contractual relationships between the Customer and MAGRITTE SHOP are subject to Belgian law.
Where applicable, the choice of the applicable Belgian law and the competent French-speaking Courts and Tribunals of Brussels (Belgium), thus stipulated, is without prejudice to the application to the Customer of the mandatory provisions of the law of the Member State of the European Union in which the Customer resides, if they are more protective of the Customer than the Belgian provisions, or of the jurisdiction of another court that would be designated by the applicable European Union law.