Artikel 1. Definitions
* posterARTplaza is owned and operated by Daytraderplaza BVBA(equiv. of Limited), registered under number 89721, VAT number 476.329.089.
* Customer: individual or organisation of any legal entity who assigns posterARTplaza to produce a linen print, as supplied by the customer, on a wooden frame.
* All orders are printed as specified in the order details submitted by the user.
* The customer's billing and shipping information will appear on the order review and confirmation page as well as the invoice/receipt after an order is placed. Customers are responsible for reviewing and ensuring posterARTplaza receives the complete and correct address information for shipping purposes. posterARTplaza and its owner(s) are not responsible for items such as photos or CDs that are lost during shipping.
* All digital image files submitted must be in JPG or GIF, supplied online or on CD.
* Payment is required in full prior to processing orders.
* All prices include formatting, getting image ready for print, and delivery.
* Stretched and mounted prints apply to linen prints on wooden frames only.
Artikel 2: Applicability
These Terms and Conditions apply to the realisation, content and compliance of all agreements between posterARTplaza and the customer, also called both parties. posterARTplaza explicitly excludes delivery conditions of the customer, unless separately agreed in writing. All other terms and conditions remain valid with agreement on supplements or modifications. The customer accepts these Terms and Conditions as he orders and is aware of its contents, provided posterARTplaza has correctly informed the customer.
Artikel 3: Agreements and offers
All offers are in Euros, including VAT, packaging and other levies as imposed by authorities, unless explicitly agreed or mentioned otherwise. Offers made by posterARTplaza are without obligations, unless explicitly indicated otherwise. The agreement is in force the moment the customer orders one or more products using the digital form on this website and has received confirmation of the order, either electronically or in writing. Offers do not automatically apply to additional and/or future orders.
Artikel 4: Force Majeure
In case posterARTplaza cannot deliver in observance of the agreement due to force majeure, it will notify the customer in writing at the earliest opportunity, without obligation for compensatory or return payment. In case of delay of over 30 office days, the customer is entitled to end the agreement by registered mail, posterARTplaza not being obliged to compensate or reimburse the customer. Deficiencies on the part of posterARTplaza in compliance of the agreement are not attributable to the company if not attributable to liability on its part, nor by Law, the agreement, or commonly accepted existing business practice. Force Majeure exists in case of:
* Overdue or unacceptable quality of delivery of material (digital photos, illustrations) by the customer
* Overdue or unacceptable quality of one or more suppliers
* Partial or complete stagnation of the production process of supplier, and/or strikes or exclusions in the company of whom goods or raw material and products are to be involved.
* Riots or other irregularities that impede a timely delivery in keeping with the Terms and Conditions.
Abovementioned and other similar circumstances are not attributable to posterARTplaza and do not entitle the customer to dissolution of the agreement, reimbursement or compensatory payment.
Artikel 5: Delivery
Rates of posterARTplaza are based on delivery in the Benelux only. (For other European countries an extra 15€ for delivery is charged). The customer provides correct and complete delivery name and street address details. The customer fully incurs cost and/or damage to posterARTplaza caused by supply of incorrect address details. Post Box addresses are not accepted. posterARTplaza is committed to comply to the delivery term. However, the delivery term is indicative and not finite, unless otherwise agreed. In case of delay posterARTplaza will contact the customer to agree on a new delivery date. Should a finite term have been agreed on, substantial modifications made by the customer after the assignment annuls the agreed explicit term of delivery. Liability or risk of damages to the products supplied by posterARTplaza, is transferred to the customer the moment the product is delivered to him or to third parties assigned by the customer. posterARTplaza is not liable for any damage incurred by the customer due to absent or overdue delivery of the product in relation to the agreed delivery term.
Artikel 6: Supply of pictures/digital information
The customer declares to be familiar with the production process of the product. The customer cannot claim product liability following use or application of the information delivered. posterARTplaza expects the execution of an assignment by posterARTplaza to be in observance of copyrights and laws/. The customer accepts posterARTplaza to be entitled to make such a copy or multiplication. The customer fully exonerates posterARTplaza in this matter. The customer accepts that the properties of the provided material may change, such as colour, contrast, clarity, sharpness and graphical display.
Artikel 7: Packaging
Necessary packaging is included in the price and packaging cannot be returned. posterARTplaza judges the necessity of packaging. Damage to packaging is not considered damage to the product and posterARTplaza is not liable for damage to packaging due to transport.
Artikel 8: Payment
The customer is expected to pay within 14 days of ordering, as indicated in the order confirmation, and in the currency stated in the order confirmation. The term of 14 days is finite. The customer is in neglect when paying late, without necessary proof of default. posterARTplaza will do everything in its abilities to be of service to the customer. In the most unlikely event, it is entitled to suspend delivery, even when a finite term has been agreed on. posterARTplaza is not be held in neglect in case of such a late/postponed delivery. posterARTplaza handles the order the moment the term of payment of 14 days has been met by the customer.
There are 3 ways of payment transfer:
* Credit Card payment (visa/master)under supervision of Paypal, via Paypal account or through a bankaccount-transfer (att. Daytraderplaza BVBA, rekeningnummer 646-4305050-10, IBAN BE41646430505010, BIC BNAGBEBB.) .
posterARTplaza always checks the address details to prevent fraud. The customer is expected to supply full and correct name and street address details to prevent any delay.
Artikel 9: Conditions of Ownership
Every delivery by posterARTplaza to the customer is carried out under the provision of ownership thereof, until the customer has completed the order in keeping with these Terms and Conditions, including demands by posterARTplaza due to negligence of the customer in keeping of the agreement as stated in these Terms and Conditions. If the customer neglects compliance to the Terms and Conditions of the agreement, posterARTplaza is entitled to reclaim the products from the location they are present at any given time, at the expense of the customer. In case of incompliance, the customer automatically grants permission to access to the location to reclaim the products. Reclaim costs are incurred by the customer. The customer can use all products delivered for daily business practices, within the conditions of ownership and without the ability to lead, within certainty, to any claims of third parties.
Artikel 10: Complaints
In the unlikely event complaints occur and on establish the fact, the customer immediately notifies posterARTplaza in writing. If not, the agreement between both parties remains valid. posterARTplaza will handle the complaint with proof of purchase (order confirmation) and with return of the invalid products to posterARTplaza. posterARTplaza’s performance to the customer is valid the moment the customer is using the delivery or parts of the delivery. This includes adaptations and processing of the product(-s) or delivery to third parties, with the notable exception of a complaint as stated above.
Artikel 11: Warranty
The customer is entitled to repair or substitution of the products should the products show design, material or manufacturing deficiency. The customer is entitled to substitution in case repair is not possible. The customer is expected to return the products in question to posterARTplaza with proper postage. posterARTplaza owns the returned products. The warranty does not apply to damages as a result of inadequate use or application of the products by the customer or third parties. The purchase receipt (order confirmation) is proof of warranty. posterARTplaza is entitled to annul the agreement and fully reimburse the customer if repair or substitution is not possible.
Artikel 12: Liability
posterARTplaza is not liable for damage of any nature due to incorrect information supplied by the customer, unless incorrectness or incompleteness was/should be known to posterARTplaza. Neither is posterARTplaza liable for damage of any nature as a result of improper use or abuse of the products after delivery. Nor is posterARTplaza liable for damage of any nature as a result of use of the products by the customer following delivery. This includes use, giving in use, adaptation, processing and delivery to third parties.
Artikel 13: Transport
Product transport is on account and risk of posterARTplaza. The customer can expect the acceptance of products from posterARTplaza by the transport company as proof that the products are in good condition. Should products turn out damaged as a result of transport, posterARTplaza is limited to the reimbursement amount by the transporting company and/or its insurance firm.
Artikel 14: Applicable Law
In the unlikely event of disputes, Belgian Law is applicable to all agreements, and explanation and execution of these agreements. All disputes are processed with exclusion to the appropriate court in Mechelen.
Artikel 15: Other Provisions
posterARTplaza guarantees confidentiality of all information provided by the customer in the execution and/or in relation to the execution of the agreement. posterARTplaza assures the information is not handed over to third parties and will not use the information for other than stated purposes in the agreement. Both parties are held to confidentiality of information obtained as part of the agreement, either explicitly stated by one of the parties or as a result of the nature of the information.
Artikel 16: Changes and Explanation
posterARTplaza is entitled to modify the Terms and Conditions. These changes come into effect on the announced date of which posterARTplaza will inform the customer reasonably in advance. When such a date is not given, changes to the customer will come into effect after announcement to the customer by posterARTplaza. Terms and Conditions remain in force on current agreements.
Explanation of the content and range of the Terms and Conditions is based on the original Dutch text.
Artikel 17: Copyright posterARTplaza
Copyright applies to all texts and illustration of posterARTplaza. It is not allowed to copy webpage texts and/or illustrations and/or use of the product name on any medium without written permission of posterARTplaza. . Aforementioned also applies to all trademarks and logos.
posterARTplaza is part of Daytraderplaza BVBA.
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