timprints - terms and conditions
PURPOSE AND SCOPE
The prints on www.timdevocht.be are sold by Creative Shelter BV, Adolf Baeyensstraat 134-F, 9040 Gent - België, from now on, these are referred to collectively as ‘Creative Shelter’ and/or ‘Us’. These general terms and conditions (hereinafter the ‘General Terms’) apply to the contractual relations between ‘Creative Shelter’ and/or ‘Us and the ‘Customer’ and/or 'You’. The purpose of these General Terms is to define the terms and conditions for the online sale of products marketed by Creative Shelter on its Website (the "Products"). These General Terms shall apply to all orders of Products (the "Order").
APPLICABILITY
By using this website and/or placing an order you agree with the terms and conditions as described below, excluding any other document. These General Terms can be viewed at any time. They may be adjusted over time but the applicable Terms and Conditions are those in force on the date on which the Order is placed.
PRICES
All prices are listed in EURO, VAT included. The shipping costs will be displayed upon check-out, when you have specified a delivery address. In case of an international delivery, goods may be subjected to local taxes and/or import duties at your own expense, unless differently stated or explicitly agreed upon in writing. For goods that require specialised transportation (or courier service) and have to be shipped outside Europe, the customer has to demand a calculation of shipping costs and/or local taxes and/or import duties by email before purchasing.
If the prices of the products should increase between the ordering date and the execution of the order, the Customer has the right to cancel the order or agreement within 7 days after the day Creative Shelter announces the price increase.
PLACING AN ORDER
You declare that you are at least 18 years old, and that you have legal capacity, or are the holder of a parental authorisation allowing an Order to be placed. You also declare that you are fully authorised to use the available methods of payment and that these methods of payment allow access to sufficient funds to cover all costs incurred in purchasing the Products. You are financially liable for all orders placed, both in your name and on behalf of third parties, including minors.
PAYMENT
A secure payment is done through Stripe at the checkout. You can use your credit or debit cards such as Visa or MasterCard. If this doesn’t work out for you: just send an email with your order and we will arrange a Bank Transfer.
ACCEPTANCE OF THE ORDER
You will receive an order confirmation by e-mail shortly after placing your order. In case we have any questions or important information concerning your order we will contact you by e-mail. Creative Shelter is only bound to execute an order once it has confirmed the order by e-mail. If a product is sold accidentally when out of stock, the customer will immediately get a notification. Orders are only effectively paid from the moment the payment has been received by Creative Shelter. Creative Shelter has the right to attach conditions to orders or to refuse them, unless agreed otherwise. All product information, prices and order information are subject to change or correction at any time.
SHIPPING & DELIVERY
The prints will be shipped in a secure protection cardboard enveloppe. Shipping costs will be calculated at checkout.
We will need some time to process your order. Therefore, the delivery times given by Creative Shelter are indicative. If the estimated delivery time is exceeded, the customer is not entitled to compensation. The customer does not have the right to cancel the order or annul the agreement, unless the excess in delivery time is such that the customer can reasonably be expected not to maintain the agreement. In that case the customer is entitled to cancel the order or annul the agreement as far as it is necessary.
Only the customer will be liable for incorrect delivery addresses. When supplying a wrong delivery address, the costs for a second delivery will be at the expense of the customer. If you need to change your shipping address before your order is shipped please promptly email us. We are not able to redirect orders once they are in transit, in this event please contact the carrier with your tracking number for any special delivery requests. All orders will be shipped via bpost.
A free pickup in Gent is possible. If you choose this option, we will contact you when and where your order is ready for pick up.
For international deliveries: In case local taxes and/or import duties are requested, we will calculate these costs and let you know before we continue shipping the order. As described above, the customer is responsible for any additional taxes and duties. Creative Shelter is not responsible for any fees charged by third parties.
Our shipping partner requires any damage to be reported within 7 days of receiving the print, so please make sure to open your package in time. Please keep all original packaging and the print as we may require photos and the original print to process your claim.
FORCE MAJEURE
Creative Shelter cannot be held liable for possible delays in the execution or the non-execution of an order as a result of circumstances beyond the control of Creative Shelter. In the event of problems caused by supply or shortage of raw materials, interruption or permanent shutdown of production, strikes, lock-outs, any other forms of work interruption or collective labour disputes, energy shortages, delays in transport and any other forms of work interruption that affect Creative Shelter and/or its suppliers, Creative Shelter has the right to assert force majeure.
The fact that Creative Shelter does not immediately respond to a Customer’s shortcomings must not be considered evidence that Creative Shelter renounces its right to take action against the Customer.
WARRANTY
The guarantee of Creative Shelter is restricted to the warranty for hidden defects and the consumer guarantees act, both listed in the Belgian civil code (Burgerlijk Wetboek).
To be admissible, complaints need to be addressed to Creative Shelter BV, Adolf Baeyensstraat 134-F, 9040 Gent - België or by email.
- within 14 days after placing the order, in case of a non-matching delivery
- within 14 days after discovering the damage, in case of the delivery of a product with hidden faults. In the written communication the damage has to be described and photos illustrating the damage must be added.
Creative Shelter is only liable for damage caused deliberately or by gross neglect. Creative Shelter cannot be held liable for general or more specific indirect damage, whatever its nature, suffered by the Customer. Where the conditions and scope of this guarantee so permit, Creative Shelter will in any case restrict its involvement by replacing defective products or reimbursing the purchase price. The Customer may not claim additional compensation.
Guarantees do not cover the abnormal or inappropriate use of products, defects and their consequences associated with the use of the product other than for its intended purpose, or defects and their consequences associated with any external cause.
WITHDRAWAL / CANCELLATION / RETURNS
Right of withdrawal: In accordance with the Consumer Rights Act and Section 9 of the Directive 2011/83 of the European Parliament and of the Council on consumer rights, You - as a consumer - have a period of 14 days from the day of receipt of the Products ordered, to cancel your Order, without giving any reason.
A written request for cancellation must imperatively be sent before the expiry of the cancellation period preferably to our email or otherwise by mail to the following address: Creative Shelter BV, Adolf Baeyensstraat 134-F, 9040 Gent - België
Products may only be returned when in original state and with prior authorisation from Creative Shelter. Fine Art Prints are very delicate and sensitive to dirt, scratches or creases in the paper. After Creative Shelter has given its written approval, the Customer can either deposit the goods at the address (Creative Shelter BV, Adolf Baeyensstraat 134-F, 9040 Gent - België) for free, or return them by mail at his/her own risk and expenses. We advise you to make use of the system of “assured delivery”. The product must be returned in its original packaging and original state and delivered within 14 days of the day on which You made your written request to cancel the Order.
If the aforementioned conditions are fulfilled, Creative Shelter will proceed with the refund or exchange of the Product at the Customer's choice. Refunds will be made within 30 days of receiving the returned goods.
EVIDENCE
Within the framework of their relationship all parties concerned accept the validity of electronic evidence.
INTELLECTUAL PROPERTY RIGHTS
The use of the Website is reserved for strictly personal use unless expressly and specifically agreed otherwise by Creative Shelter.
Creative Shelter retains full and exclusive property of the various data transmitted under these General Terms under the various laws relating to the protection of copyright and neighbouring rights, trademarks and patents law and in particular the Act on the legal protection of databases as well as all trademarks, texts, comments, works, illustrations and images, whether visual or sound, reproduced on the Website.
Creating a hypertext link on the Website, using the so-called "framing" or "deep linking" technique, is strictly forbidden without the prior authorization of Creative Shelter. The request must be sent to our email and must mention the address of the url page where the link would appear on the third-party site.
Any full or partial reproduction of the websites of Creative Shelter is only authorised for the exclusive purpose of information for private and personal use. Any reproduction or use of copies made for other purposes is strictly prohibited.
JURISDICTION
All agreements made with Creative Shelter are subject to the Belgian law. Disputes concerning the conclusion, validity, interpretation or implementation of the sales contract or of the current general terms and conditions will be settled by a Belgian court.