General conditions of sale

Definitions and scope

The general conditions of sale of products and provision of services, hereinafter referred to as "the general conditions" are applicable to all orders placed under the commercial name CUBIZ4 srl owned by ARTECOM SRL whose registered office is located at 43 Rue du Trichon B-5030 Gembloux Belgium, registered in the Register of Legal Persons under number 0889.088.934, represented by Vincent PARISSIS acting as manager hereinafter referred to as "the provider" or "the seller".
These general terms and conditions form the contract between the seller/provider and the customer. The seller/contractor and the customer are hereinafter jointly referred to as "the parties".
The "customer" is any natural or legal person who orders products and/or services from the seller/provider.
The "consumer" is the customer, a natural person, who is acting for purposes which are outside his or her trade, business, craft or profession.
These general terms and conditions shall apply exclusively. In any event, they exclude any general or special conditions of the customer that the seller/provider has not expressly accepted in writing.
The general terms and conditions are freely accessible at any time on the website of the seller/provider: https://smurfs-society.bruxsls.art/general-conditions-of-sale, so that by placing an order with him, the customer declares that he has taken note of these general terms and conditions and confirms his acceptance of the rights and obligations relating to them.
The seller/provider reserves the right to change these terms and conditions at any time and without prior notice, provided that such changes are posted on its website. These changes will apply to all subsequent orders for product(s) and/or service(s).

Offer and order

To place an order, the customer chooses the product(s) and/or service(s) he/she wishes to order by surfing on the website of the seller/provider, indicates the contact details requested, verifies the accuracy of the order, and then makes the payment for his/her order.
After receiving confirmation of payment of the order from the bank, the seller/supplier sends the customer a summary of the order, including the order number, the products and/or services ordered and their price, these general terms and conditions or a link to them, as well as an indication of the probable execution time of the order.
The seller/provider reserves the right to suspend, cancel or refuse a customer's order, in particular in the event that the data communicated by the customer proves to be manifestly erroneous or incomplete or if there is a dispute relating to the payment of a previous order.
In the event of cancellation of the order by the customer after its acceptance by the seller/supplier, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order shall be acquired by the seller/supplier and invoiced to the customer as damages.

Awards

The price of the products and/or services is indicated in euros, all taxes included.
Any increase in VAT (Value Added Tax) or any new tax that is imposed between the time of the order and the time of delivery and/or performance will automatically be charged to the customer.
Any delivery costs are not included in the price indicated but are calculated separately during the ordering process, depending on the method and place of delivery and the number of products ordered.

Deadlines

Unless otherwise expressly agreed in writing by the seller/contractor, the delivery and/or performance deadlines mentioned in the special conditions shall not be binding. The seller/contractor may only be held liable if the delay is significant and if it is attributable to gross negligence on his part.
The customer may not invoke the delivery and/or performance deadlines as grounds for rescinding the contract, claiming damages or asserting any other claim, unless otherwise agreed in writing and expressly accepted by the seller/contractor.
In the event of a delay exceeding thirty working days, the customer shall send a formal notice by registered mail to the seller/supplier, who shall then be entitled to 50% of the prescribed time to deliver the ordered product(s) and/or perform the ordered services.

Reservation of ownership

The seller remains the owner of the ordered products until full payment has been made.
The right of ownership of the products is only transferred to the customer after the collection or delivery of the articles and after the full payment of the order. In derogation of article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, the customer is forbidden to pledge the articles, to offer them, or to use them as a guarantee in any way whatsoever. The customer is expressly forbidden to make any alterations to these articles, to make them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.

As long as the seller has the property rights to the delivered goods, in accordance with the provisions of this article, the customer shall remain responsible for maintaining the products in good condition. During this period, the customer alone shall be liable for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risks. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognized as the property of the seller.

Right of withdrawal

In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders products and/or services from the seller/provider at a distance has a period of 14 calendar days from the day of delivery of the products or notification of their availability at the intended point of collection to notify the seller that he/she is withdrawing from the purchase, without penalty and without giving reasons.
For services, the period of 14 calendar days starts to run from the day of the conclusion of the contract, i.e. the day on which the consumer has received the summary of his order, in particular by email.
Where this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The consumer may notify his wish to withdraw from the purchase by means of the withdrawal form posted on the website of the seller/supplier, by means of the form sent with the order form or available on the website of the S.P.F. Economie, P.M.E., Classes moyennes et Energie: economie.fgov.be, or by means of an unambiguous statement setting out his decision to withdraw from the contract.
The consumer must return the product(s) he/she has renounced in perfect condition in its/their original packaging.
Only the direct costs of returning the goods will be borne exclusively by the consumer.
The seller/contractor shall refund the amount paid as soon as possible and at the latest within 14 days of the return of the products.
A consumer who opens or uses a product before the expiry of the withdrawal period shall be deemed to have waived his right of withdrawal in respect of that product.
The consumer who expressly accepts that the ordered service will be performed before the expiry of the 14-day period and acknowledges that this performance will cause him to lose his right of withdrawal, shall no longer be able to exercise his right of withdrawal in accordance with Article 53 of Book VI of the Code of Economic Law.
Similarly, the consumer shall not be entitled to exercise the right of withdrawal if one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law applies, in particular in the case of the supply of goods made to the consumer's specifications or clearly personalised.

Cancellation of the order

The customer who does not qualify for the right of withdrawal described in the previous article of these terms and conditions and who wishes to cancel his order shall inform the seller/provider, who will indicate the steps to be taken.
Any deposit paid by the customer to the seller/provider will not be refunded. If no advance payment has been made, the seller/provider may claim from the customer a cancellation fee equivalent to 30% of the price of the products and/or services whose order has been cancelled by the customer.

Delivery and/or execution of the order

The delivery and/or execution deadlines indicated by the seller/supplier are provided for information purposes only and are not binding on the seller/supplier. A delay in the delivery and/or execution of the order shall therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer's obligations, or payment of damages.
The order is only delivered to the customer or executed after full payment. The transfer of ownership and risk occurs when the order is fully paid for. The customer is therefore advised that he/she alone bears the risks associated with the delivery.

Availability

The products offered for sale by the seller are subject to availability.
In the event of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer as soon as possible and to give the customer the choice between a refund, a modification of the order or a delivery postponed until the end of the stock shortage of the product(s) concerned.

Receipt of the order and complaint

The customer is obliged to check the apparent good condition and the conformity of the products delivered to him or collected from the collection point with the products he ordered.
Any complaints must be made in writing within 8 days after delivery of the order or notification of its availability at the planned collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.
Any complaints relating to the services provided by the service provider must be made in writing within 8 days of the occurrence of the event giving rise to the complaint. Otherwise, they cannot be taken into account.
If a complaint is found to be justified, the seller/provider will have the choice of replacing or refunding the price of the products and/or services concerned.

Intellectual property

The information, logos, drawings, trademarks, models, slogans, graphic charters, etc., accessible through the website or the catalogue of the seller/provider are protected by intellectual property law.
Unless expressly agreed otherwise in advance, the customer is not permitted to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the material on the website or in the catalogue of the seller/provider.
Unless expressly agreed otherwise, the agreed price does not include any transfer of intellectual and/or industrial property rights on any grounds whatsoever.

Guarantees

• Legal guarantee for all customers
In accordance with articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which make the products unfit for the use for which they are intended, or which diminish this use to such an extent that the customer would not have acquired them or would only have given a lower price if he had known about them.
In the event of a hidden defect, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code, and may choose between returning the product with a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.
The seller is not obliged to guarantee the products against apparent defects of which the customer could or should have been aware at the time of purchase. Similarly, the seller is only obliged to guarantee the products against hidden defects of which he was aware at the time of the sale and of which he failed to warn the customer.
Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.

• Additional legal guarantee for customers who are consumers
In accordance with article 1649quater of the Civil Code, the customer who is a consumer also has a legal guarantee of two years for all defects of conformity that existed at the time of delivery of the product and that have appeared within a period of two years from the date of delivery.
This warranty includes repair or replacement of the defective product at no cost to the consumer.
If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, the consumer may be offered an appropriate reduction or refund. The seller and the customer may only agree on a refund if the customer returns the defective products.
In the event that specific spare parts or accessories required for the repair of the product are no longer available from the manufacturer, the seller shall not be liable for the loss of use of the product.
The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum of two months from the day on which he noticed the defect, on pain of forfeiture of his right to claim.
Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The guarantee period starts on the date mentioned on these documents.
This warranty does not apply if the failure is due to misuse, external causes, poor maintenance, normal wear and tear or any use not in accordance with the manufacturer's or seller's instructions.
In the event of damage, theft or loss of a product handed over for repair, the seller's liability shall in any event be limited to the sale price of the product.
The seller shall not be liable for the loss or reproduction of data stored in or by electronic devices submitted for repair.

• Guarantee for services provided
The service provider undertakes to perform the service in a responsible manner.
The client benefits from a guarantee of conformity of the services provided in relation to the services initially requested. In the event of any anomaly detected during this period, the service provider shall ensure that it is corrected free of charge and as soon as possible, provided that the anomalies detected have been duly reported to the service provider.
The guarantee of conformity expressly excludes services requested as a result of unauthorised intervention or modification, incorrect handling or improper use by the customer, or as a result of a fault caused by an intervention by the customer or a third party.
The service provider declares that the results of the services which would be protected by intellectual property law constitute original creations. In the event that he has called upon external parties to carry out all or part of the services, he declares that he has obtained all the necessary rights and authorisations to carry out these services.
Consequently, the service provider guarantees the client against any action, claim, allegation, demand or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.

Responsibility

General information. 
The customer acknowledges and accepts that all obligations owed by the seller/contractor are exclusively of a means nature and that he is only liable for fraud and gross negligence.
In the event that the customer demonstrates the existence of gross negligence or wilful misconduct on the part of the seller/supplier, the loss for which the customer may claim compensation shall only include the material damage resulting directly from the negligence attributed to the seller/supplier, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller/contractor is not liable for any direct or indirect damage caused by the products delivered or the services provided, such as loss of profit, increased overheads, loss of customers, etc.
The seller/contractor shall also not be liable if the customer provides incorrect information or if an order is placed on his behalf by a third party.
Finally, it is the customer's responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot be held responsible if the customer has to face any restriction or additional tax to pay because of the policy adopted by his country in this matter.

Materials.
If the customer imposes on the seller a process or materials of a certain quality, origin or type, despite the seller's written and justified reservations, the seller shall be released from any liability for defects caused by the choice of the said process or materials.

Internet and new technologies

The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or in the future made available. The customer also acknowledges the risks of storing and transmitting information digitally or electronically.
The customer accepts that the seller/contractor cannot be held liable for any damage caused by the use of the website (and any applications) of the seller/contractor or the internet as a result of the aforementioned risks.
The customer also agrees that the electronic communications exchanged and the backups made by the seller/provider may be used as evidence.

Miscellaneous provisions

Force majeure or fortuitous event.
The seller/supplier cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or unforeseen circumstances.
In particular, the following events shall be considered as force majeure or fortuitous events 1) the total or partial loss or destruction of the vendor's/supplier's computer system or its database where either of these events cannot reasonably be directly attributed to the vendor/supplier and it is not shown that the vendor/supplier failed to take reasonable steps to prevent either of these events, 2) earthquake, 3) fire, 4) flood, 5) epidemic, 6) act of war or terrorism, 7) strike, whether declared or not, 8) lock-out 9) blockades, 10) insurrections and riots, 11) a breakdown in the supply of energy (such as electricity), 12) a failure of the Internet or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network on which the Seller/Contractor depends, 15) an act or decision of a third party where that decision affects the proper performance of this Agreement or 16) any other cause beyond the reasonable control of the Seller/Contractor.

Unforeseeability.
If, due to circumstances beyond the control of the Seller/Contractor, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the Seller/Contractor and the Customer undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

Termination of the contract.
In the event of the insolvency of the customer or in the event of unpaid debts, even under previous contracts between the customer and the seller/contractor, the seller/contractor shall be entitled to suspend the performance of its obligations until the customer has fully repaid any unpaid debts owed to the seller/contractor.
In the event of non-performance of its obligations by the client, the seller/supplier may terminate the contract to the exclusive detriment of the client without delay or compensation and, where applicable, may claim damages from the client by any legal means.

Illegality.
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these terms and conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is apparent from the text.

Headings.
The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.

No Waiver.
No failure, neglect or delay by any party to exercise any right or remedy under these terms and conditions shall be construed as a waiver of such right or remedy.

Applicable law and jurisdiction

These general conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, performance or breach of these general terms and conditions, the parties undertake to have recourse to mediation prior to any other method of dispute resolution.
The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.
Once the mediator has been appointed, the parties, with the help of the mediator, define among themselves how the mediation is to be organised and the duration of the process.
Either party may terminate the mediation at any time without prejudice.
If mediation fails, only the courts of the judicial district of Brussels shall be competent.