APPLICABILITY

These general conditions of sale apply to all our orders and to all agreements entered into by us, however named. In particular, these conditions therefore apply to agreements entered into by us for the delivery of products to our buyers.

Where in these general terms and conditions of sale reference is made to "purchaser" this is to be understood to mean any natural or legal person who is in a contractual relationship with us, by virtue of a contract of sale or other type of agreement concluded with us, as well as any natural or legal person who wishes to enter into a contract of sale or other type of agreement with us. In particular, "buyer" shall also mean the person on whose order and for whose account products are delivered.

The provisions of these general terms and conditions of sale may be deviated from only and exclusively if and to the extent expressly agreed upon in writing.

If the buyer also refers to (his) general terms and conditions of sale, the buyer's terms and conditions do not apply. This is only different if and insofar as the applicability of the buyer's terms and conditions has been expressly accepted by us, in writing, and insofar as the buyer's terms and conditions do not conflict with the provisions of our general terms and conditions of sale.

Wherever these general terms and conditions of sale refer to "delivery (of products)", this also includes the performance of services and work of any kind.

ORDERS

The Client and ARTEMISIANA BV expressly agree that a valid agreement can be established by using electronic forms of communication. In particular, even the absence of an ordinary signature does not affect the binding force of the agreement. To the extent permitted by law, the electronic files of ARTEMISIANA B.V. serve as presumptive evidence for this.

ARTEMISIANA BV reserves the right to refuse orders in the following cases:

• In the event that a product is out of stock,
• in case of serious suspicion of abuse of law or bad faith on the part of the customer,
• in case of force majeure

DELIVERY CONDITIONS

ARTEMISIANA BV strives to ship orders placed (in stock) and paid for within 2 business days.

Orders paid by bank transfer will be shipped within three business days following the day the amount due is in ARTEMISIANA BV's account.

These delivery times are indicative and therefore no rights can be derived from them.

If a product is out of stock, the customer will be informed by e-mail of a later delivery date. If the customer does not agree with the delay, the ordered product can be cancelled or the customer can order an alternative product. The canceled product will be refunded or, if ordering an alternative product, the over/underpayment will be refunded/additional billed.

If, in case of problems with the delivery company, the delivery date is exceeded by 15 working days, the client is obliged to inform us of this via e-mail. In that case, the client can cancel his/her order and ARTEMISIANA BV will refund the amount paid within 10 working days after receiving the information of non-delivery to the account provided by the ARTEMISIANA BV webshop from the client.

If, in case of delivery problems at the supplier, the delivery date is exceeded by 15 working days, the ARTEMISIANA BV webshop will inform the client via e-mail. In that case, the client can cancel their order and ARTEMISIANA BV will refund the amount paid within 10 working days of the client's reply to the account that the ARTEMISIANA BV webshop received from the client.

Deliveries are made to the address specified by the client at the time of the order. ARTEMISIANA BV cannot be held responsible in any way for errors committed by the Client when entering the delivery and/or billing address that may result in delays in delivery or the impossibility of delivering the products ordered.

Orders are delivered once to the address provided by the customer. If the customer is not at home, bpost's delivery driver leaves a bill in the customer's mailbox with the address details where the customer can pick up his package. The package will then remain at the post office for 15 calendar days. After that, it will be returned to ARTEMISIANA BV. ARTEMISIANA BV will charge the client 10 Euros to resend it to the client in that case.

As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as the delivered products are concerned, passes to the customer.

RETURNS

A customer may, within 14 business days from the day following delivery of a product, exchange a product.

In this case, we ask that you notify us by e-mail immediately after delivery and return the products within 14 calendar days from the day following delivery. Please indicate in the e-mail which product you wish to exchange your purchase for. Exchanges can only be made if the product has not been used and the packaging is undamaged and sent along. If you wish to exchange the product for a product of a different value, the balance will be refunded/extra billed as appropriate. The shipping costs and risk of returning a product for exchange are the responsibility of the customer. In the event of an exchange, the ARTEMISIANA BV webshop will bear the shipping costs of the product to be resent once.

CAUTION. Customized or personalized urns cannot be exchanged or returned.

For exchange, please return the products to the following address:

ARTEMISIANA BV
Butter Corner 65
9660 Brakel
Belgium

If the products arrive at ARTEMISIANA BV used or damaged, the client has no right to exchange, refund or any form of compensation.

DELAYS

A customer may, within 14 days from the day following the delivery of a product, waive the purchase of a product without stating a reason or paying a penalty.

In this case, we ask you to notify us via e-mail immediately after delivery and return the products within 14 calendar days from the day following the delivery. This is only possible if the product is not damaged, has not been used and the packaging is intact and sent with it. Shipping costs and the risk of returning a product are borne by the customer. In case of renunciation, the ARTEMISIANA BV webshop will refund the purchase price to the client within 14 calendar days of receiving the returned products.

CAUTION. Customized or personalized urns cannot be exchanged or returned.

In case of renunciation, please return the products to the following address:

ARTEMISIANA BV
Butter Corner 65
9660 Brakel
Belgium

If the products arrive at ARTEMISIANA BV used or damaged, the client has no right to exchange, refund or any form of compensation.

PRICES

All prices quoted by us include VAT.

Our prices are based on the cost factors in effect at the time the agreement was made, such as currency costs, manufacturer's prices, raw material and material prices, labor and transportation costs, taxes, import duties and other governmental levies.

We reserve the right to charge the buyer for any increases in one or more of the cost factors if they occur after the date on which the agreement was concluded, but before the day of delivery. If a price increase occurs within three months of the conclusion of the agreement, the buyer has the authority to declare the agreement partially or completely dissolved.

PAYMENTS

Online payments are made through the online payment platform MOLLIE. On-line payments can be made by Bancontact, credit card, PayPal, ApplePay and Ideal. An order is processed as soon as we receive approval from the secure bank payment institution and MOLLIE.

When paying by credit card, the terms and conditions of the respective card issuer apply. ARTEMISIANA BV cannot be made a party between the client and the card issuer.

When paying by bank transfer, the account number and the amount due will be communicated in the order confirmation email. The order will be shipped as soon as the amount due is transferred to ARTEMISIANA BV's account.

For payments by bank transfer from outside Belgium, it is mandatory to use the IBAN and BIC code with the payment.

In case of late payment by the client or problems with payments of previous orders, ARTEMISIANA BV is authorized to dissolve an agreement.

RETENTION OF TITLE

The buyer becomes the owner of the products delivered or to be delivered by us only under the suspensive condition. We shall remain the owner of these products as long as the Buyer has not paid our claims in respect of the consideration for the agreement or a similar agreement. We also remain the owner of the products delivered and to be delivered as long as the Buyer has not paid the work performed or to be performed under such agreements and as long as the Buyer has not paid claims due to failure in the performance of such agreements, including claims relating to penalties, interest and costs.

The buyer, as long as he has not paid the above claims, is not entitled to establish a lien on the products delivered by us and undertakes to third parties wishing to establish such a right thereon to declare at our first request that he is not authorized to establish a lien.

In the event that the buyer fails to fulfill any obligation to us under the agreement with respect to items sold or work to be performed, the buyer is entitled, without notice of default, to take back the items, both the original and newly formed items. The purchaser authorizes us to enter the place where these goods are located.

We shall transfer title to the buyer at the time the buyer has fulfilled all his payment obligations under this and similar agreements, subject to a pledge by us for the benefit of other claims we have against the buyer. The purchaser shall at our first request cooperate with any actions required in this connection.

If the buyer remains in default of payment within the aforementioned period of 14 days from the invoice date, we are entitled to dissolve the agreement by means of a written statement of dissolution addressed to the buyer. The buyer is then obliged to return the goods delivered by us or to undo the performance carried out by us in some other way.

COMPLAINTS

Complaints by the buyer relating to an abusive delivery or to defects in products that are externally observable must be notified to us in writing by the buyer within 15 days of delivery.

The Buyer bears the risk of breakage, in the sense that as soon as the products to be delivered are unloaded from the means of transport at their destination or have been handed over to the Buyer in our warehouse, the risk as regards these products passes to the Buyer.

OVERVIEW

Force majeure is to be understood as any circumstance beyond our control that is of such a nature that compliance with the agreement cannot reasonably be required of us (so-called non-attributable failure). Force majeure includes: lack of raw materials, business or transport disruptions of any kind, epidemics, state of siege, war, obstructions caused by measures, laws or decisions of international, national or regional (government) bodies.

If we are unable to perform the contract in time, in full or in part due to force majeure, we shall be entitled to perform the contract at a later date or to regard the contract as dissolved, at our discretion. In case of force majeure, the buyer cannot claim damages from us.

INTELLECTUAL PROPERTY

All intellectual and industrial property rights to all products/services, designs, drawings, models, samples, descriptions, illustrations, measurements, tools, analyses, documentation, reports, delivered under the order or agreement, belong exclusively to ARTEMISIANA BV (Rambert Broekaert). The Purchaser cannot make any claims here. The purchaser is only permitted to sell the products purchased from us in unaltered form. The buyer is expressly not permitted to modify, reproduce or copy the purchased products in any way. Nor is the buyer permitted to use any drawings, images, paintings, etc. depicted on the products in any way whatsoever, other than in accordance with ARTEMISIANA BV's express written consent.

BUYER'S OBLIGATIONS

The buyer shall always provide the supplier in a timely manner with all data or information useful and necessary for the proper execution of the agreement and shall cooperate fully in this regard. If data necessary for the execution of the order or agreement are not at our disposal, not in time or not in accordance with the agreements, or if the buyer fails to meet his obligations in any other way, we shall in any case be entitled to suspend the execution of the order or agreement and we shall be entitled to charge the costs incurred as a result according to our usual rates.

OTHER PROVISIONS

Changes or additions to the order confirmation, agreement or these general conditions of sale are valid only insofar as they have been agreed in writing.

Use of items delivered by us is at the expense and risk of the buyer.

Notices which the parties shall give to each other pursuant to this Agreement shall be in writing. Oral notices, promises or agreements shall not bind the parties unless confirmed in writing.

ARTEMISIANA BV is entitled to transfer all rights and obligations arising from the order confirmation or agreement to which these General Terms and Conditions of Sale apply to third parties

APPLICABLE LAW

The offers made by us and all agreements entered into by us are governed exclusively by Belgian law.

DISPUTE RESOLUTION

Any dispute concerning the conclusion, interpretation or execution of the order or agreement to which these general conditions of sale apply and of the orders / agreements that may result therefrom, as well as any other dispute concerning or in connection with these general conditions of sale, whether legal or factual, none excepted, shall be settled by the competent court in Oudenaarde, unless we indicate in writing that we wish to submit the dispute to another court or to have the matter settled in arbitration.

QUESTIONS?

Do not hesitate to contact contact us if you have any questions regarding the above.