TERMS & CONDITIONS

GENERAL SALES, DELIVERY AND PAYMENT CONDITIONS of ARTEMIS, Rambert Broekaert, Boterhoek 65, 9660 Brakel (Belgium), VAT number BE 0641.790.404.

These general terms and conditions of sale apply between the parties unless deviated from in writing.Each order implies the acceptance of our terms and conditions by the customer and the denial of his own purchase and sales conditions

APPLICABILITY

These general terms and conditions apply to all of our offers, order confirmations and to all of the agreements to which we are a party, regardless of their name. These terms and conditions also apply in particular to agreements to which we are a party which relate to the delivery of products to our buyers.

Where a reference is made in these general terms and conditions to “buyer”, this must also be understood to mean every natural person or legal entity involved in a contractual relationship with us, pursuant to a purchase agreement concluded with us, or any other type of agreement, as well as every natural person or legal entity wishing to enter into a purchase or other type of agreement with us. “Buyer” is also primarily understood to mean that party on whose instructions and for whose account products are delivered.

The provisions in these general terms and conditions of sale can only and only be deviated from if and insofar as this has been expressly agreed in writing.

If the buyer also refers to (its own) general terms and conditions, the terms and conditions of the buyer do not apply. This shall not be the case only if and to the extent the applicability of the buyer’s terms and conditions are explicitly accepted by us in writing, and to the extent the buyer’s terms and conditions are not in violation with the provisions of our general terms and conditions.

Where references are made in these general terms and conditions to “delivery (of products)”, this must also be taken to mean the performance of services and work, regardless of their nature.

ORDERS

The customer and ARTEMIS explicitly agree that a valid agreement can be established by using electronic forms of communication. In particular, the absence of an ordinary signature does not affect the binding force of the agreement. To the extent permitted by law, ARTEMIS’ electronic files are valid as a presumption of proof.

ARTEMIS webshop reserves the right to refuse orders in the following cases:

  • in case of non-availability of a product,
  • in the event of serious suspicion of misuse of the law or the wrong allegiance of the customer,
  • in case of force majeure

DELIVERY CONDITIONS

ARTEMIS webshop strives to ship orders (items in stock) that are placed and paid within 2 business days.

Orders paid by bank transfer will be shipped within the three business days following the day that the amount due is on the bill of ARTEMIS.

These delivery times are for indication and therefore no rights can be derived from this.

If a product is out of stock, the customer is informed by email about a later delivery date. If the customer does not agree with the delay, the ordered product can be canceled or the customer can order an alternative product. The canceled product will be refunded or, if an alternative product is ordered, the excess / insufficient amount will be refunded / additional billed.

If, in case of problems with the delivery service, the delivery date is exceeded by 15 working days, the customer is obliged to inform us by e-mail. In that case, the customer can cancel his order and ARTEMIS will refund the amount paid to the account that the ARTEMIS webshop has received from the customer within 10 working days after receiving the information of non-delivery.

If, in the event of delivery problems at the supplier, the delivery date is exceeded by 15 working days, ARTEMIS will inform the customer by e-mail. In that case, the customer can cancel his order and ARTEMIS will refund the amount paid to the account that ARTEMIS has received from the customer within 10 working days of the customer’s reply.

Deliveries take place at the address specified by the customer when ordering. ARTEMIS cannot be held responsible in any way for errors committed by the customer when entering the delivery and / or billing address and which may lead to delays in delivery or the impossibility to deliver the ordered products.

Orders are delivered at the address specified by the customer. If the customer is not at home, the delivery service leaves a note in the customer’s letterbox with the address details where the customer can pick up his package. The package will then remain in the post office for 15 calendar days. It will then be returned to ARTEMIS. ARTEMIS will charge the customer 10 euros to resend it to the customer in that case.

As soon as an order has been delivered to the specified delivery address, the risk with regard to the delivered products is transferred to the customer.

RETURNS

A customer can exchange a product within 14 working days from the day following the delivery of a product.

In this case, we ask you to notify us immediately after delivery and return the products within 14 calendar days from the day following delivery. We ask you to indicate in the e-mail what product you wish to exchange. Exchange can only be done if the product is not used and the packaging is undamaged and is handed over. If you wish to trade the product against a product of another value, the balance will be refunded / extra invoiced as appropriate. The shipping costs and the risk of returning a product for exchange are at the expense of the customer. Upon switching, ARTEMIS accepts the shipping cost of the product to be re-dispatched once.

PLEASE NOTE. Custom-made or personalised urns cannot be exchanged or returned.

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

ARTEMIS
Boterhoek 65
9660 Brakel
Belgium (EU)

If the products arrive used or damaged at ARTEMIS, the customer is not entitled to an exchange, refund or any form of compensation.

CANCELATIONS

A customer can, within 14 days from the day following the delivery of a product, renounce the purchase of a product without giving a reason or without paying a fine.

In this case, we ask you to notify us by e-mail immediately after delivery and to 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 is sent along. The shipping costs and the risk of returning a product are borne by the customer. In the event of cancellation, the ARTEMIS webshop will refund the purchase price to the customer within 14 calendar days of receipt of the returned products.

PLEASE NOTE. Custom-made or personalised urns cannot be exchanged or returned.

In case of cancelation, you must return the products to the following address:

ARTEMIS
Boterhoek 65
9660 Brakel
Belgium (EU)

If the products arrive used or damaged at ARTEMIS, the customer is not entitled to an exchange, refund or any form of compensation.

PRICES

All of our prices are quoted VAT included.

Our prices are based on the cost factors applicable at the time of the creation of the agreement, such as currency costs, manufacturers’ prices, raw material and equipment prices, labour and transport costs, taxes, import duties and other government-imposed levies.

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

PAYMENTS

Online payments are made via the online payment platform MOLLIE. You can pay online with Bancontact, credit card, PayPal, ApplePay and Ideal. An order is processed as soon as we receive approval from the institution for secure bank payments and MOLLIE.

When paying by credit card, the conditions of the card issuing company apply. ARTEMIS cannot be a party between the customer and the card issuer.

In case of payment by bank transfer, the account number and the amount to be paid will be communicated in the confirmation email order. The order will be sent as soon as the amount due has been transferred to the account of ARTEMIS.

For payments by bank transfer from outside Belgium it is required to use the IBAN and BIC codes when paying.

In case of late payment by the customer or in case of payment of prior orders, ARTEMIS is authorized to terminate an agreement.

RETENTION OF TITLE

The buyer shall only become the owner of the products we have or will deliver under a suspensive condition. We shall remain the owner of these products until the buyer pays our claims for the contractual consideration of the agreement or similar agreement. We will also remain the owner of the products delivered or not yet delivered as long as the buyer continues to fail to pay for the work carried out or to be carried out based on these types of agreements, and as long as the buyer fails to pay the claims arising from shortcomings in the fulfilment of such agreements, including claims related to fines, interest and costs.

Until the buyer has paid the aforementioned claims, it is not entitled to establish a right of pledge on the products we have delivered, and undertakes, with respect to third parties interested in establishing a similar right, to notify these parties upon first request from us that it is not authorised to establish a right of pledge.

In the event the buyer fails to satisfy any obligation it has to us which arises from the agreement with respect to goods sold or work to be carried out, we are entitled to take back the original as well as any newly created goods without being required to provide notice of default. The buyer authorises us to enter the location where these goods are being kept.

At the time the buyer has satisfied all of its payment obligations to us arising from this and similar agreements, we will transfer ownership of the goods delivered, yet reserve the right of pledge with regard to any other claims we may have on the buyer. The buyer will grant its cooperation in any actions required in this regard upon first request from us.

In the event the buyer remains in default, and fails to execute payment within the term set out under Article 5, paragraph 1 of 14 days after the date of invoice, we are entitled to terminate the agreement by means of a written termination statement addressed to the buyer. In this case, the obligation shall lie with the buyer to either return the goods we have delivered, or nullify the service we have performed in another manner.

COMPLAINTS & CLAIMS

We must be notified in writing regarding any claims from the buyer involving goods delivered in error or defects in products which are visible from the exterior within 15 days of delivery.

The buyer carries the risk of breach, in the sense that as soon as the goods to be delivered at the place of destination are transported from the means of transport or delivered to the buyer in our warehouse, the risk associated with these products goes on the buyer.

FORCE MAJEURE

Force majeure is taken to mean every circumstance beyond our control which is such in nature that the fulfilment of the agreement may not reasonably be expected of us. (Known as a non-attributable failure.) Force majeure is also defined as: lack of raw materials, company or transport disruptions of any nature, epidemics, a state of siege, warfare, impediments caused by measures taken, laws or decrees issued by international, national or regional (government) bodies.

If, as a result of a force majeure event, we are unable to fulfil the agreement on time, in part or in full, we are entitled to fulfil the agreement at a later time, or to consider the agreement as terminated, at our discretion. In the event of force majeure, the buyer may not claim compensation for damages from us.

INTELLECTUAL PROPERTY

All of the intellectual or industrial property rights to all of the products/services, designs, drawings, models, samples, descriptions, images, size indications, tools, analyses, documentation, and reports delivered pursuant to the assignment or agreement shall lie exclusively with ARTEMIS (Rambert Broekaert). The buyer cannot make any claims to these whatsoever. The buyer is only permitted to sell the products purchased from us in an unmodified form. The buyer is explicitly prohibited from modifying, reproducing or copying the products purchased in any way. The buyer is also prohibited from using any drawings, images, paintings, etc. applied to the products in any way other than in accordance with an explicit written permission from ARTEMIS.

BUYER’S OBLIGATIONS

The buyer will always provide the supplier with all of the information and explanations useful and necessary to the proper fulfilment of the agreement, in a timely manner and provide any cooperation necessary. In the event the information required is not made available to us at the time of the execution of the assignment or agreement, or this is not made available in a timely manner or in accordance with the agreements made, or if the buyer fails to satisfy its obligations in any other way, we shall always be entitled to suspend the execution of the assignment or agreement, and to invoice any of the costs that have been incurred as a result, in accordance with our normal rates.

OTHER PROVISIONS

Amendments or additions to the order confirmation, in accordance with the general terms and conditions of sale, are only valid insofar as they have been agreed in writing.

The use of goods supplied by us shall be entirely at the expense and risk of the buyer.

Any notifications between the parties on the basis of this agreement must be made in writing. Any verbal notifications, commitments or agreements shall not bind the parties unless these are confirmed in writing.

ARTEMIS 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.

GOVERNING LAW & CHOICE OF FORUM

These Terms & Conditions shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only before the Courts of Oudenaarde (Belgium) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.

SETTLEMENT OF DISPUTES

Every dispute regarding the formation, explanation or performance of the order or agreement to which these General Terms and Conditions apply, and any other orders/agreements ensuing from this one, as well as any other dispute regarding or related to these General Terms and Conditions, be it legal or factual, without any exceptions, shall be adjudicated by the Courts of Oudenaarde (Belgium), unless we provide notification in writing expressing our wish to present the dispute to a different court for adjudication, or would like to allow the dispute to be settled in arbitration.

QUESTIONS?

Please do not hesitate to contact us if you have any further questions regarding the above.