- DEFINITIONS
1.1. The term “Buyer” refers to any person, company or corporation on whose behalf a Work has been purchased from the Vanessa Genachte website.
1.2. The term “Site Vanessa Genachte” refers to the natural person Vanessa Genachte, whose registered office is located at Rue Paul Hankar, 13/3, 1180 Brussels – Email : vanessagenachte@gmail.com – Tel. : +32 473 29 19 95.
1.3. The term “Delivery” means the physical delivery of the Works to the Buyer.
1.4. Le terme “Œuvre(s)” désigne un ou plusieurs articles (toile, dessin, illustration,…) et/ou objets proposés à la vente par le site Vanessa Genachte et, le cas échéant, acheté par l’Acheteur.
1.5. The term “Artist” designates the author of one or more Works within the meaning of Book XI, Title 5 of the Code of Economic Law and/or the natural person who signed the Work(s) and represented by the Vanessa Genachte website for the sale of their Works.
1.6. The term “Website” refers to the address www.vanessagenachte.com.
1.7. The term “Order” designates each order made remotely on the Vanessa Genachte Website by a Buyer with a view to purchasing a Work.
- PRIOR ACCEPTANCE
2.1. Any purchase of a Work necessarily implies, as an essential and determining condition, the unreserved acceptance of these term of sales by the Buyer. These term of sales form an integral part of the contract with the Buyer. They are automatically applicable and take precedence over any term of sales of the Buyer.
2.2. The sale is concluded between the Vanessa Genachte website and the Buyer, unless otherwise stated. Where applicable, the certificate of authenticity is issued by the Artist to the Buyer once the full price has been received by the Vanessa Genachte website.
2.3. In the event of translation of these term of sales, the French version will always be considered as the official version which prevails over the translations.
- GENERAL – PURCHASING – PRICES
3.1. The price mentioned on the Vanessa Genachte Website, on the price list or on the order form is indicated – unless specifically mentioned – inclusive of all taxes.
3.2. The prices displayed do not include delivery costs or payment costs which are mentioned separately.
3.3. When finalizing his Order, the Buyer was informed of the main characteristics of the Work, the total price all taxes included including delivery costs and payment costs, the payment and delivery terms as well as the estimate of the delivery date of the Work by means of a summary email sent to the email address provided by the Buyer.
3.4. Unless specifically agreed, the Work is only delivered after full payment of the price. The transfer of risks occurs upon full payment of the price. In the event that the full price is not paid upon Delivery, the transfer of ownership of the Work will only take place upon receipt of the full price.
3.5. Unless otherwise agreed, Delivery is made in person or to the address provided by the Buyer if the Buyer places an Order on the Vanessa Genachte website.
- DELIVERY
4.1. Unless specifically agreed, the Works are only delivered after full payment.
4.2. Unless specifically agreed, Delivery will be made personally or to the address communicated by the Buyer.
4.3. Transport is provided by the delivery company determined by the Vanessa Genachte website.
4.4. Delivery costs depend on the country and region of delivery, as well as the delivery method. Delivery dates indicated at the time of finalizing the Order are only estimates. They are not guaranteed and cannot be invoked against the Vanessa Genachte website.
4.5. Except in the case referred to in article 4.6, the Vanessa Genachte site insurance covers the transport of the Work.
4.6. If the Buyer wishes to use the delivery company of his/her choice, he/she can specify this to the Vanessa Genachte website. If applicable, shipping costs are his responsibility. The risks are transferred and the responsibility of the Vanessa Genachte website ceases when the Work is taken over by the delivery company chosen by the Buyer.
- COMPLIANCE
5.1. All the Works offered by the Vanessa Genachte website are described in good faith and as faithfully as possible. However, any images representing the Works have no contractual value, particularly on the Website. The Vanessa Genachte website cannot be held responsible for any errors that may appear in the texts and photos (differences in measurements, variations in colors, textures, etc.) used to describe the Works sold, which are provided for information purposes only.
- RETRACTION – RETURN – REFUND
6.1. The Buyer has no right of termination, cancellation or withdrawal unless he falls within the application of article 6.2.
6.2. In the event of distance selling or selling outside the usual place of business of the Vanessa Genachte website to consumers within the meaning of Article I.1, 2° of the Code of Economic Law (hereinafter “CDE”), in application of Book VI, Title 3 CDE, the consumer has the right to notify the Vanessa Genachte website that he/she is canceling the purchase, without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the Work. This is their right of withdrawal.
The consumer does not, however, have the right of withdrawal in the event that he has ordered the Work according to his own specifications, for example without these elements being restrictive, when he has requested a particular framing of the Work, a printing specific to the print, a portrait of himself to the Artist, a personalized Work, etc…
This right of withdrawal does not belong to the Professional Buyer.
Notification of withdrawal must be made using the return form available on the following Website: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
The consumer Buyer’s right of withdrawal is subject to the return of the Work in perfect condition within 14 working days of sending the aforementioned form. The returned Work must be sent in its original condition, in its original packaging also in perfect condition and with its accessories (certificate of authenticity in particular). After the 14-day period or in the event of deterioration, the Vanessa Genachte site will no longer be able to accept the return, and may send it back to the sender. The return will be made, under the Buyer’s responsibility, to the address communicated by the Vanessa Genachte website.
All return shipping costs are the responsibility of the Buyer. The purchase will be reimbursed within 30 days of receipt of the Work by the Vanessa Genachte website, provided that all return procedures have been strictly complied with. The amount refunded will, in all cases, be limited to the amounts actually paid to the Vanessa Genachte site by the Purchaser.
- ARTISTS’ WARRANTY
7.1. The Artists guarantee that the Works they offer for sale via the Vanessa Genachte website are free from visible or invisible defects that would make normal use of the Work impossible or dangerous. The legal guarantee is applicable. The Vanessa Genachte website shall in no way be held responsible for any apparent or hidden defects in the Works. A defect is deemed apparent when it is visible to the naked eye on the Work concerned at the time of conclusion of the sale, whether on the front or back of the Work. In all cases, the Buyer must contact the Artist, whose contact details will be forwarded by the Vanessa Genachte website to the Buyer if necessary.
7.2. Excluded from the warranty are Works whose damage is caused voluntarily or by negligence on the part of the Buyer or any person associated with the Buyer (theft, breakage, damage caused by humidity, exposure to inappropriate temperatures, exposure to inappropriate light including direct sunlight, oxidation, liquid infiltration, electrical surge, fire, or any other case of force majeure) as well as Works showing signs of restoration (or repair and/or modifications carried out by a third party not approved by the Vanessa Genachte site).
Likewise, this guarantee does not apply to the extent that the damage results from wear, transport, misuse or storage of the Work.
In compliance with these conditions, the guarantee given by the Artist covers a period of 2 years from the day after the delivery date of the Work, failing which it is no longer admissible. The Buyer is required to inform the Vanessa Genachte website of the existence of the lack of conformity within one month from the date on which he/she noticed the defect.
- LIABILITY AND FORCE MAJEURE
8.1. The Vanessa Genachte website declines all responsibility in the event of damage resulting from poor workmanship or improper use of the Works sold, as well as those resulting from modifications made by the Artist or the Buyer himself.
8.2. The Vanessa Genachte website and/or the Artist shall have the right to delay the Delivery date without liability on its part if this delay results from an unforeseeable, insurmountable cause beyond the control of the Parties and, including but not limited to, cases of natural disasters, epidemics, war, attacks, requisition, fire, flood, industrial accidents, interruption or delay in transport, lockout, strike or social conflict for the Vanessa Genachte website, the Buyer, the Artist or a third party, interruption or difficulties in exporting issued by the government of the country of origin or possible restrictions on import or export issued by the government of the country of destination.
This does not give rise to any right to damages on the part of the Buyer.
- NO WAIVER – CANCELLATION – NULLITY – MODIFICATION
9.1. Failure to exercise any of the rights set out in these general terms and conditions of sale, or failure to require strict application by the Buyer of any of the said obligations or stipulations, shall not constitute a waiver by the Vanessa Genachte site of subsequently requiring the application of these stipulations or obligations.
9.2. The cancellation and/or nullity and/or possible illegality of one of the clauses of these term of sales does not in any way affect the validity of the other clauses, the canceled provision having to be replaced by common law or, in the case of a Consumer Buyer within the meaning of the Code of Economic Law, by the provisions applicable to this type of sale.
9.3. Any modification, deletion, correction or adaptation to the order form must be initialed by each of the Parties, failing which it is not enforceable against the party which has not initialed it.
- COMPLAINTS – APPLICABLE LAW – DISPUTES
10.1. These term of sales as well as any special conditions of sale are subject to Belgian law.
10.2. In the event of a dispute over all or part of these term of sales, as well as those that may arise from the conclusion, execution and all consequences of a purchase, jurisdiction is assigned to the French-speaking courts of Brussels (Belgium) ruling under Belgian law.
- PERSONAL DATA PROTECTION
11.1. The Vanessa Genachte website is responsible for processing personal data collected from Buyers.
The information collected from Buyers is as follows: surname, first name, position, email address, office and mobile phone number, and company data (address and VAT number). The data referred to in these term of sales are communicated directly or indirectly by the person concerned. They are intended for the internal use of the Vanessa Genachte site for the execution of the contract. This data may be transmitted to subcontractors for the completion of the mission.
The Vanessa Genachte website guarantees respect for personal data and strictly complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. 11.2.
The data is collected for contractual purposes between the parties, to fulfill their legal and tax obligations, and for marketing purposes.
11.3. In accordance with current regulations, as a physical person, the data subject has the right to access their personal data, to correct them, to request their deletion, the right to limit their processing and to oppose their processing for direct marketing purposes. The data subject also has the right to data portability, i.e. that they are communicated in a common structured format. The exercise of these rights is free. If applicable, the data subject may send a request to exercise one or other of these rights or report a difficulty or problem concerning their data via the following address:
Vanessa Genachte
Rue Paul Hankar, 13/3
1180 Brussels
Tel : + 32 473 29 19 95
The data subject also has the right to lodge a complaint with the Data Protection Authority (www. privacycommission.be).