General Conditions
1. SCOPE OF APPLICATION
1.1. The general conditions of sale set out below (referred to hereafter as the " General Conditions ") govern the contractual relations between Didier Claes Young Collector and all purchasers (referred to hereafter as the "Buyer"), irrespective of the place of order.
1.2. These General Conditions are the only conditions applicable; they supersede all other conditions unless a special exception is made, in advance and in writing. Should these conditions of sale be in conflict with any special condition agreed by contract by the parties to the sale, the conditions of said contract shall prevail.
2. Offers and contracts
2.1. The signing of an order form by the Buyer commits him definitively and unconditionally, and results in the stipulation of a contract of sale with Didier Claes Young Collector.
2.2. The Buyer acknowledges that, before signing the order form, it has received full information on: the subject for which the offer is made; the identity of the business, notably its business number, business name, geographical address of the establishment and its telephone number; total price of the order, including all taxes due and all services subject to compulsory payment by the Buyer of a surcharge; the methods of payment, delivery and performance; and the date on which the company undertakes, if appropriate, to deliver the product.
2.3. The Buyer acknowledges that it has been informed, before signing the order form, of the nature of the objects concerned by the offer and their condition. The Buyer understands and specifically acknowledges that the nature of the objects sold by Didier Claes Young Collector means they are considered as liable to deterioration and will perish quickly, in accordance with Article VI.73 of the Code of Economic Law; therefore the Buyer may not withdraw from the contract once the offer has been made at the premises of Didier Claes Young Collector or from the website www.youngcollector.art , nor at any special event whatsoever (trade fair, fair, exhibition, etc.).
3. PRICE AND PAYMENT
3.1. Prices in force at the time the order is placed shall be those applied. All prices are shown in euros, inclusive of legal VAT and Recupel tax (if applicable); they do not include shipping costs, unless otherwise agreed in writing.
3.2. Orders must be accompanied by the payment which is made out to the order of the Didier Claes gallery and payable by bank transfer.
3.3. All payments will be made within 3 days of signing the purchase order or offer. In the event of payment by bank transfer, products are delivered once Didier Claes Young Collector has received payment. Didier Claes Young Collector formally reserves the right to amend prices and tariffs and/or the offer (e.g. the suspension or launch of a magazine, changes to frequency, adjustments in the number of editions following a price change, etc.) and to correct any errors. If the customer believes he has been prejudiced, he must advise this in writing, and may cancel the order within ten days of notification. If the payment does not arrive after 3 days, the order will be canceled.
3.4. The Buyer has the right of withdrawal from their purchase for 72 hours and a full refund will be made. Beyond 72 hours, Didier Claes Young Collector will not accept any return or refund.
4. DELIVERY
4.1. When the parties agree that the object is delivered, Didier Claes Young Collector transmits the shipping costs to the Buyer which are to be added to the price of the order. The transfer offer sent by the delivery companies is communicated to the Buyer. The companies that support the delivery service are Mobull, Fedex or DHL.
4.2. Delivery is entirely organized by Didier Claes Young Collector. The object is delivered to the delivery address mentioned at the time of the order. Delivery costs are borne by the Buyer.
4.3. Didier Claes Young Collector declines all responsibility in the event of damage caused either to the building or to objects which is the result of erroneous indications or the absence of any indication by the Purchaser on the specifics of the building. Didier Claes Young Collector does not deliver the items ordered in the absence of the Buyer or any person duly authorized by him. If it is impossible to deliver the order by traditional means of access (staircase, freight elevator, elevator, etc.), all additional costs are borne by the Buyer. In the event that it is impossible to deliver the order or that delivery is postponed at the request of the Buyer, the 30-day period referred to in article 6.3. of these General Conditions is extended for 30 days. In these circumstances, a lump sum of 100 euros will be collected for a new presentation.
4.4. When the parties have agreed that the Buyer takes possession of the object, he agrees to take delivery of it within thirty days of the notice letting him know that it is available. Didier Claes Young Collector can either compel the Purchaser to fulfill his obligations, or automatically terminate the order by registered mail addressed to the Purchaser and keeps as a lump sum any sum that would have been paid without prejudice to any other damage and interests including those mentioned in article 5 of the General Conditions.
5. PACKAGING
Items are carefully wrapped in bubble wrap or cardboard boxes by Didier Claes Young Collector. All packaging costs are entirely the responsibility of Didier Claes Young Collector.
6. CERTIFICATE
After the purchase of an object, a certificate is drawn up and signed by the Didier Claes gallery. The certificate is delivered to the Buyer by hand or sent by post within 30 days.
7. FORCE MAJEURE
Didier Claes Young Collector cannot be held liable for the complete or partial non-fulfilment of its commitments provided that the reason for this non-fulfilment is due to an event of force majeure, namely an event that prevents Sanoma from reasonably fulfilling its obligations. Event of force majeur may include for example: fire, storm, flood, war, terrorist attacks, strikes, lock-out, suspension of postal services and/or means of communication, etc.
8. MISCELLANEOUS
8.1. The nullity of any of the clauses of these General Conditions shall not affect the validity of the other clauses.
8.2. If any clause of these General Conditions should be declared unlawful, that clause shall in any case remain applicable to the extent permitted by the law.
8.3. If any clause of these General Conditions should be considered invalid, Didier Claes Young Collector reserves the right to replace the relevant clause by another, amended clause.
9. APPLICABLE LAW AND JURISDICTION
9.1. Belgian law shall be the only applicable law, governing all rights, obligations and offers to which these General Conditions apply, as well as to the General Conditions themselves.
9.2. Any dispute arising between the parties shall be submitted to the exclusive jurisdiction of the Courts and Tribunals of the legal district of Brussels.