GENERAL TERMS AND CONDITIONS

The Website is operated by:

BE DEAR - sole proprietorship

KBO 0687 298 052

By visiting the Website and/or purchasing a product or service on the Website, the visitor of the Website and/or the buyer agrees with these General Terms and Conditions, and all other special terms and conditions stated on the Website with respect to a particular product or service.

1. Conclusion of the agreement

The offer contains an accurate description of the offered products, digital content and/or services. The Artist has made every reasonable effort to reproduce the products - and their colours - as accurately as possible. However, the Artist cannot guarantee that the colours displayed on the purchaser's screen are completely accurate.

The Artist also reserves the right to stop offering a certain product or service at any time. The Artist is in no way liable for the discontinuation of a product or service.

The agreement is concluded at the moment of acceptance of the offer by the buyer and the fulfilment of the conditions attached thereto.

Most of the products offered for sale are unique works of art. The Artist makes every reasonable effort to keep the Website fully up to date with respect to which works of art are still available or have been sold. If a painting has been sold to a third party but is not yet listed as such on the Website, the buyer cannot derive any rights from the listing on the Website to force the Artist to sell or to deliver a similar painting.

If the agreement is concluded electronically, the Artist shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure internet environment. If the buyer can pay electronically, the Artist shall observe appropriate security measures.

The Artist may, within the limits of the law, ascertain whether the buyer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the Artist has good grounds not to enter into the agreement, she shall be entitled to give reasons, unless legal provisions would prevent the communication of these reasons, to refuse an order or request or to attach special conditions to the execution.

2. Price

Unless a specific offer has a special period of validity, the Artist has the right to adjust the prices on the Website at any time.

The prices of the products or services mentioned in the offer are inclusive of VAT (btw). However, unless stated otherwise, the prices do not include delivery costs. The Artist expressly reserves the right to charge taxes, delivery costs and any other charges for deliveries outside Belgium and the Netherlands. These are not included in the price and, where applicable, are at the buyer's expense.

3. Delivery

Except for products with a purely digital content, the Artist only supplies products in Belgium and the Netherlands. For deliveries outside this region, the Artist will specifically inform the purchaser whether this is possible and, if so, about the associated costs, possible taxes and the expected delivery time. The Artist has the right, but is not obliged, to deliver to countries other than those listed here. For delivery into these other countries, the purchaser is also responsible for complying with all formalities that would be required for the regular importation of the products and/or services into the country in question.

The place of delivery shall be the address which the purchaser has given to the Artist.

The Artist shall execute accepted orders expeditiously, but within 60 days at the latest, unless another delivery period has been explicitly agreed upon.

The risk of damage to and/or loss of products shall be borne by the Artist until the moment of delivery to the buyer, or to a representative designated in advance and indicated to the Artist, unless explicitly agreed otherwise.

4. Warranty

The Artist will make all reasonable efforts to ensure that the product is free of any defects and in accordance with the offer. However, the Artist gives no guarantees in this respect and is not liable for any defects, visible or hidden.

5. Additional rules for contracts with consumers

5.1. Delivery to consumer

The Artist shall execute accepted orders expeditiously but within 30 days at the latest unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or only partially be carried out, the consumer will be informed of this within 30 days after they have placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the Artist shall immediately reimburse the amount paid by the consumer.

The risk of damage and/or loss of products rests with the Artist until the moment of delivery to the consumer or a representative appointed in advance and made known to the Artist, unless explicitly agreed otherwise.

5.2. Consumer's right of cancellation in the event of distance selling

Unless the consumer has purchased the product on the Artist's premises or at an exhibition held in a space permanently or temporarily set up for that purpose, the consumer may dissolve a contract relating to the purchase of a product for a period of 14 days without giving reasons. The Artist may ask the consumer for the reason for cancellation but shall not oblige the consumer to give her reason(s).

The cooling-off period referred to in paragraph 1 shall begin on the day after the consumer, or a third party other than the carrier and indicated in advance by the consumer, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The Artist may, provided she has clearly informed the consumer of this prior to the ordering process, refuse an order for several products with different delivery times.
if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by them, received the last consignment or part;
in the case of contracts for regular delivery of products over a given period: the day on which the consumer, or a third party designated by them, receives the first product.

If the Artist has not provided the consumer with the legally required information concerning the right of cancellation or the Standard Cancellation Form, the cooling-off period shall expire twelve months after the end of the initial cooling-off period determined in accordance with the previous paragraphs of this Article.

If the Artist has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the initial cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer has received that information.

5.3. Obligations of the consumer during the cooling-off period

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would in a shop.

The consumer shall only be liable for any reduction in the value of the product resulting from a way of handling the product that goes beyond the provisions of the previous paragraph.

The consumer shall not be liable for any reduction in the value of the product if the Artist does not inform them, before or at the time of concluding the contract, of all the information regarding the right of cancellation, as required by law.

5.4. Exercise of the right of cancellation by the consumer and costs thereof

If the consumer exercises their right of cancellation, they shall notify the Artist within the cooling-off period by means of the Standard Cancellation Form or by any other unequivocal means.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the Artist. This is not necessary if the Artist has offered to collect the product herself/herself. The consumer has in any case complied with the return period if they return the product before the reflection period has expired.

The consumer shall return the product with all delivered accessories in their original condition and packaging, and in accordance with the instructions provided by the Artist.

The risk and burden of proof for the correct and timely exercise of the right of cancellation lies with the consumer.

The consumer shall bear the cost of returning the product.

If the consumer cancels after having first expressly requested that the provision of the service commence during the cooling-off period, the consumer shall owe the Artist a sum proportionate to that part of the obligation which the Artist has performed at the time of cancellation compared with full performance of the obligation.

The consumer shall not bear any costs for the performance of services if:

the Artist has not provided the consumer with the information required by law concerning exercising the right of cancellation, the reimbursement of costs in the event of cancellation, or the Standard Cancellation Form, or
the consumer has not expressly requested the commencement of the performance of the service during the cooling-off period.

If the consumer exercises his right of cancellation, all supplementary contracts shall be automatically rescinded.

5.5. Obligations of the Artist in case of cancellation

If the Artist makes the notification of cancellation by the consumer possible by electronic means, she shall send an acknowledgement of receipt without delay upon receipt of this notification.

The Artist shall reimburse all payments made by the consumer without delay but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the Artist offers to collect the product herself, she may delay reimbursement until she has received the product.

The right of cancellation shall not apply:

All agreements as defined in Article VI, paragraph 53 of the Code on Economic Law (Wetboek Economisch Recht), and in particular for the following agreements, listed here non-exhaustively:

products made to consumer specifications, which are not prefabricated, and which are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
the supply of digital content other than on a tangible medium, but only if:
- the performance has started with the express prior consent of the consumer; and
- the consumer has declared that they thereby lose their right of cancellation.

5.6. Consumer warranty

The Artist is liable towards the consumer, in accordance with Art. 1649(a) Civil Code (BW) up to and including Art. 1649(g) Civil Code (BW), for any lack of conformity, as described in Art. 1649 of the Civil Code (BW), which exists at the time of delivery of the goods, and which manifests itself within a period of two years counting from the aforementioned delivery. The consumer is obliged to inform the Artist in writing within two months from the day on which the consumer has established the defect or lack of conformity.

The consumer's action shall be barred by lapse of time after one year has elapsed from the day on which they discovered the lack of conformity, without that period having expired before the end of the two-year period following the sale.

The Artist is not liable for any defects or lack of conformity that would manifest themselves after the period of two years from the sale.

6. Miscellaneous

Even if the Artist does not immediately exercise her rights or, in a particular case, fails to exercise her rights, this does not mean that she renounces her rights under those conditions and can always decide to enforce those rights in the future. If the Artist decides to waive her rights in a particular case, this does not mean that she waives her rights in general or in the future.

The Artist shall not be liable for any defects or lack of conformity occurring after the period of two years from the sale.

7. Privacy

In addition to these General Terms and Conditions, the Privacy Statement, which can be found on the Website, the protection of the Buyer's personal data also applies. In the event of any conflict between these General Terms and Conditions and the Privacy Statement, the Privacy Statement shall take precedence as a special agreement. The Artist reserves the right to modify and to keep the Privacy Statement up to date, in consideration of changes in legislation and market conditions.

8. Applicable law and competent court

Contracts between the Artist and the buyer to which these general terms and conditions relate are exclusively governed by Belgian law, to the exclusion of the rules of private international law of reference. Disputes relating to this contract fall within the exclusive jurisdiction of the Belgian courts. The court with internal jurisdiction in Belgium shall be determined by the applicable Belgian rules of jurisdiction, to the exclusion of the rules of private international law.

9. Definitions

Consumer means any purchaser who is a natural person who is not acting for purposes relating to his trade, business, craft or profession.

Purchaser means any natural or legal person, be it a consumer, trader or undertaking, who accepts an offer on the Website and/or, depending on the context, visits the Website.

Artist: Sigrid Bedeer - BE DEAR

Standard Form: the form to be used by the consumer if they wish to exercise his right of cancellation, which can be found on the Website as an appendix to these General Terms and Conditions.

Website: the website, including the web shop, which can be found at the URL: https://www.bedear.be.

10. Attachments