Terms of Use
By accepting these terms and conditions, you acknowledge that they are in English, that you understand their contents and that you agree to these terms of use.
Al aceptar estas condiciones, usted reconoce que están en inglés, que entiende su contenido y que está de acuerdo con estas condiciones de uso.
Accettando i presenti termini e condizioni, l'utente riconosce di averli redatti in inglese, di averne compreso il contenuto e di aver accettato le presenti condizioni di utilizzo.
Indem Sie diese Bedingungen akzeptieren, bestätigen Sie, dass sie in englischer Sprache abgefasst sind, dass Sie ihren Inhalt verstehen und dass Sie mit diesen Nutzungsbedingungen einverstanden sind.
Принимая эти условия, вы подтверждаете, что они на английском языке, что вам понятно их содержание и что вы согласны с этими условиями использования.
En acceptant ces conditions, vous reconnaissez qu'elles sont rédigées en anglais, que vous en comprenez le contenu et que vous acceptez ces conditions d'utilisation.ésentes conditions d'utilisation sont en anglais, que vous en comprenez le contenu et que vous les acceptez.
Door het aanvaarden van deze algemene voorwaarden erkent u dat deze in het Engels zijn, dat u de inhoud begrijpt en dat u akkoord gaat met deze gebruiksvoorwaarden.den in het Engels zijn, dat u de inhoud begrijpt en dat u akkoord gaat met deze gebruiksvoorwaarden.
通过接受这些条款和条件，你承认这些条款和条件是英文的，你理解其内容并同意这些使用条款。
Hyväksymällä nämä ehdot vahvistat, että ne ovat englanninkieliset, että ymmärrät niiden sisällön ja että hyväksyt nämä käyttöehdot.
Genom att acceptera dessa villkor bekräftar du att de är på engelska, att du förstår deras innehåll och att du godkänner dessa användarvillkor.
Ved at acceptere disse vilkår og betingelser anerkender du, at de er på engelsk, at du forstår deres indhold, og at du er indforstået med disse brugsbetingelser.
Ao aceitar estes termos e condições, reconhece que os mesmos estão em inglês, que compreende o seu conteúdo e que concorda com estes termos de utilização.
Table of contents
Article 1. Identity of the vendor
Article 2. Applicability and conditions
Article 3. Our offer and your order
Article 4. Offline purchases
Article 5. Account registration
Article 6. Right of withdrawal
Article 7. Price
Article 8. Payment
Article 9. Retention of ownership
Article 10. Compliance and warranty
Article 11. Delivery and execution
Article 12. Force majeure
Article 13. Intellectual property
Article 14. Complaints and disputes
Article 1. Identity of the vendor
We are:
LE Gallery BV
Mereldreef 33
B-3140 Keerbergen
Belgium
E-mail address: info@le-gallery.com
Telephone number: +32 497 79 31 37
Enterprise number: BE 0797.320.105
Bank account number: BE 63 7310 5445 9108
And:
LE Gallery Ltd
8F Holyoake Court, Bryan Road
London
United Kingdom
E-mail address: info@le-gallery.com
Telephone number: +44 7463 021762
Company Registered in England and Wales under number: 14822221
Bank account number: IBAN GB08 MONZ 0400 0336 3552 98. Sort Code 04-00-03. Account Number: 36355298.
Article 2. Applicability and conditions
2.1. Our general terms and conditions apply to all agreements with you as a customer. Certain conditions only apply to consumers (any natural person who, solely for non-professional purposes, acquires or uses artworks or services placed on the market). This will be clearly stated.
2.2. We generally supply worldwide, but reserve the right to restrict the sale of our artworks or services in respect of any person, geographical region or jurisdiction at our discretion.
2.3. You must be at least 18 years old to place an order. If you are not 18, a parent or legal guardian must place your order. If we become aware that a minor has placed an order, we may still refuse that order.
2.4. Our general terms and conditions are freely available and downloadable on our website. Placing an order on the website is regarded as explicit acceptance of our general terms and conditions. You can always find them on our website. You are also and at any time free to request our terms and conditions and we will be happy to provide them to you.
2.5. If additional special terms and conditions apply in addition to these general terms and conditions, the above also applies to the special terms and conditions. If our general conditions would conflict with those special conditions, the special conditions take precedence over our general conditions.
Article 3. Our offer and your order
3.1. If an offer has a limited validity period or is subject to certain conditions, we will state this explicitly in the offer.
3.2. We pride ourselves in providing detailed and accurate descriptions of the artworks, which we are selling. Full condition reports are always available and an abbreviated version will be included on the invoice. We can provide high-resolution photographs and images supporting the condtion report. The pictures are always a true representation of the artworks for sale as far as photographic technology allows.
We are also pleased to give you the opportunity to inspect the artworks in person. Please be aware that a prior agreed appointment is necessary as many artworks are stored off-site. In case you are unable to inspect the artwork, we are happy to discuss any aspects via a (video)phone call. We will always do our best to make the buying process as clear as possible.
3.3. To purchase an artwork fill in your contact details, delivery details and billing details on your website. Then you choose your method of delivery: send to a specific address or collect from the gallery. In the last step, you will get an overview of your order, you accept our general terms and conditions and confirm your payment by pressing the order button. Once you have completed these steps, your order is final.
3.4. Your order is complete and the agreement between us is finalized once we confirm your order by email and once we have received the approval of the payment transaction by the card issuer. If your card issuer refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed. The name on the invoice must match the name of the cardholder.
3.5. If you buy an artwork through the webshop that has already been sold offline without us having been able to adjust it in our webshop, we will of course refund the purchase price. However, we cannot be held liable for any other direct or indirect damage resulting from this and will in no case owe you any compensation.
Article 4. Offline purchases
4.1. It is also possible to buy our artworks by visiting the gallery or gallery's stand at art fairs.
4.2. In this case, we do not require the full purchase price to be paid in full on site, but we do require a deposit of 15% of the full purchase price. The purchased artwork will then be kept aside for you.
If you, the customer, do not follow up on the sale within one month of purchase (by not contacting us, not responding to our contacts, refusing to transfer the necessary data to us, etc.) and after a formal notice of default, we reserve the right to dissolve the purchase agreement and withhold the advance paid as compensation.
Article 5. Account registration
5.1. If you have not bought from our business before, we are required to set up an account for you. You can set up a private account or an account under the name of an organisation. It is important to note that the purchase invoice must match the bank account name. Otherwise, we might refuse your payment and this will delay the delivery of your artworks. In case of an offline purchase with a 15% deposit, this will be not refunded in case of failure to provide the required account registration documents.
5.2. To set up an account as a private individual, we require a copy (scan or photograph) of your passport or other government-issued photo ID; and proof of your main residential address (driving license or a bank statement or utility bill) dated within the last three months. These files can be sent via email to info@le-gallery.com or you can send a hard-copy per post to LE Gallery BV or LE Gallery Ltd, address details above.
5.3. To set up an account for an organisation, we require a copy of formal documents confirming:
• the organisation's incorporation
• its registered office address and business address
• its directors
• its shareholders and any ultimate beneficial owners and
• authorisation for the individuals allowed to purchase on behalf of the organisation, plus a copy of the government-issued photo ID for each authorised individual.
5.4. Once we have received the account registration documents and your payment, we are unable to change the invoice details.
5.5. We value your privacy and therefore process your personal data in accordance with applicable privacy legislation such as the European General Data Protection Regulation 2016/679 (GDPR).
You can find more information on the processing of your personal data in our privacy policy: https://www.le-gallery.com/privacy-policy/.
Article 6. Right of withdrawal
6.1. If you buy goods or services from us as a consumer through our webshop (and if you have not yet been able to see the artwork(s) in person), you have a right of withdrawal. This means you have 14 days to change your mind and return the artworks in accordance with the terms in this article.
This 14-day period commences upon delivery. You can then return your order without having to pay compensation and without having to give a reason for doing so (you will have to pay the shipping costs yourself).
6.2. You must return the goods to us within 14 days after you have informed us that you wish to withdraw from the contract.
You must pay the cost of returning the goods using the original packaging and using the same shipping method as used for the delivery to you. We will indicate the cost of this (or provide an estimate if this cannot be reasonably calculated in advance). You are responsible for the transport, so we recommend ensuring the shipment up to the amount of the purchase value.
If we have delivered the artworks ourselves (personally) to you, the artworks can only be returned by the customer personally or we will collect them ourselves again (for security reasons). If you request that we collect the work of art in person, we will charge a fee for this, such as a mileage allowance and an administration fee (you can request an estimate of this fee from us in advance).
6.3. We will refund you the full purchase price within 14 days of receipt of the goods or until you provide evidence of having sent back the goods, whichever comes first.
The refund will include the delivery costs, unless you have chosen a different mode of delivery than the cheapest standard delivery offered by us.
The refund shall be made by the same means of payment as the one used to make the payment (except if you agree to another method of reimbursement).
6.4. During the first 14 days after delivery, we expect you to handle the order and its packaging with care. If you still wish to return the goods, you may only unpack or use the goods to the extent necessary to judge whether you wish to keep them (as you would in a shop). For example, returned goods may be hung on the wall or displayed but framed works cannot be unframed neither can three dimensional artworks be handled without gloves. If you are returning the goods, this must be done with all delivered accessories, in the original condition, if possible together with the original packaging, and taking our instructions into account.
If you go beyond what was necessary to assess the properties of the goods and the good is diminished in value as a result, then we can apply a proportional diminution in value when refunding. If an artwork is offered in their original issue box, these containers must be handled with care as damage or removal would siginificantly reduce the value of the whole artwork. Frames should also be handled with care.
6.5. Some of the goods sold by us are outside the right of withdrawal. More specifically, this concerns custom-made or personalised goods. This includes, for example, custom-made accessories such as frames, pedestals, perspex display stands, etc.. Therefore, if you request us to customize an accessory, you cannot subsequently revoke its purchase in accordance with Article 5 'Right of withdrawal'. In this instance, the artwork can be withdrawn from sale by you, but and the custom-made accossories will still be payable.
6.6. To exercise your right of withdrawal quickly and correctly, please contact us and send us a copy of the invoice to info@le-gallery.com. We will send you an acknowledgement of receipt of your withdrawal by e-mail.
Article 7. Price
7.1. During the period mentioned in our offer, our prices do not change, except for price changes due to changes in VAT rates.
We always try to display our price completely and accurately. However, in case of an obvious error, the sale is not legally valid and we are not obliged to sell the product to you at that price.
7.2. Our online prices include all taxes, VAT, duties and services. So you will never be faced with any surprises.
When our works are temporarily exhibited for sale in a different region, the price is displayed excluding VAT. Prior to the time of purchase, we will communicate the applicable VAT with you.
7.3. However, we may decide to charge shipping costs on top of the purchase price. In that case, we will always inform you before you place your order.
Article 8. Payment
8.1. We can only accept payment via the payment modules on our website.
8.2. We accept payments via wire transfer, debit and credit card through Stripe and Payconiq.
8.3. To ensure safe online payment and the security of your personal data, we use SSL technology. SSL ensures that your transaction data is encrypted and made unreadable when sent over the internet. No special software is needed to pay with SSL. You can recognise a secure SSL connection by the "lock" in the lower status bar of your browser.
Article 9. Retention of ownership
9.1. Ownership of all artworks delivered to you shall not pass to you until all amounts and claims owed by you to us have been paid in full. This includes both the purchase price of the artworks as well as other amounts owed by you under these General Terms and Conditions, such as - but not limited to - costs of delivery and amounts resulting from failure to pay the purchase price (on time).
9.2. We are (while retaining all our other rights) entitled, as long as you have not (fully) paid the amounts as described in the previous paragraph to us, to repossess the artworks.
Article 10. Compliance and warranty
10.1. We guarantee that our goods are in conformity with the authenticity as described on the invoice of your order, taking into account the specifications of the artwork (especially the condition description). Of course, we also guarantee that our goods comply with all Belgian laws in force at the time of your order.
10.2. If the delivered artworks do not comply with the authenticity of your order, as a consumer you are entitled to the statutory two-year warranty. This means that if you discover a hidden defect or fault within two years of delivery of the goods, you have the option to have them repaired or replaced free of charge.
As far as possible and reasonable, you have the choice between repair or replacement. Only if the repair or replacement is excessive or impossible, or cannot be carried out within a reasonable period of time, do you have the right to demand a price reduction or rescission of the contract of sale.
10.3. The consumer has no right to warranty:
• if the defect was communicated prior to the sale; or
• if the defect is due to age/natural wear and tear; or
• if the customer has had the defect repaired/repaired himself or by a third party without our prior written agreement.
Article 11. Delivery and execution
11.1. All goods and services will be delivered to the address you have specified in your order.
11.2. The delivery time depends on the delivery location.
For delivery in Belgium or England, the delivery period is in principle 5 to 15 working days.
For international deliveries, we will inform you about the delivery time in the order confirmation.
11.3. Deliveries are made either by speciliased Fine Art Shippers or courier companies.
If you opt for a shipment with a specialised Fine Art Shipper, they can help you with the imports process and local custom clearances if applicable. They will contact you prior to delivery in order to schedule a delivery appointment. These door-to-door shipments may include unpacking or even hanging assistance. The latter may occur an extra charge.
If the artworks are shipped with a courier company (such as FedEx, DHL, UPS, PostNL, etc.), you will receive a tracking number so you can follow the shipment progress online. You may need to complete local customs paperwork prior the delivery of the artworks. We will always try to assist you with this and make the process as easy for you as possible. However, the courier company may need to speak to the importer of the artworks directly. The courier company will deliver to the delivery address and you may need to sign for the delivery. This courier delivery does not include unpacking of the goods neither does it include installation of the artworks on site. You may also choose to collect the parcel from a local collection point.
If parcels are returned to us because you have not completed local customs paperwork or have not paid the local import duties, we will charge for the packaging and shipipng. This will also apply in case you are unable to sign and accept the parcel and you have not made contact with the courier company to reschedule a delivery to you or a local parcel collection point.
11.4. If we are unable to deliver on time, we will always inform you before the expiry of the delivery period. We will then agree a new delivery date with you. If we also fail to meet this second deadline, then you, as a consumer, have the right to dissolve the contract free of charge. We will then refund you within 30 days of the dissolution.
If we do not notify you before the expiry of the initial delivery date, you may cancel the contract immediately and without charge as a consumer. We will then refund you within 30 days of the dissolution.
11.5. Our shipments are always fully insured at our risk. In case the artwork or parcel is lost by the shipper, this will be fully insured and you will receive a full refund within 30 days, provided the shippers have declared the parcel as lost. If you notice that the parcel (packaging) is damaged you should inform the courier company upon receiving the goods so that they can make a note of this. You should also immediately, at least within 3 calendar days, notify us in writing. Attached to this email or letter, we ask you to attach photos of the packaging and damaged or non-compliant goods. Visible defects include, for example, goods that have been damaged during transport, do not correspond to the items specified on the delivery note or do not correspond to the items that you ordered (visible defects).
We advise you to not unpack the parcel to avoid further damage and we will provide further assistance on how to unpack the parcel as safely as possible and the necessary next steps.
11.6. However, if you return goods to us within 14 days of purchase because you prefer not to keep them (see Article 6 'Right of withdrawal'), you are responsible for their return transport.
11.7. In case of late delivery or non-delivery, our liability shall in any case be limited to the amount paid for the items you prove you did not receive.
Article 12. Force majeure
12.1. In the event of force majeure, we are not obliged to fulfil our contractual obligations. In this case, we may either suspend our obligations for the duration of the force majeure situation or definitively dissolve the contract. In the event of force majeure, we shall not be liable to pay any compensation to you.
12.2. Force majeure is any circumstance beyond our control and will, which prevents the fulfilment of our obligations in whole or in part. We understand these circumstances to include strikes, fire, business interruptions, energy disruptions, disruptions in a (telecommunications) network or connection or used communication systems and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties, ...
Article 13. Intellectual property
13.1. Our website, logos, texts, pictures, names and all our communications in general are protected by intellectual property rights, which either belong to us or to our suppliers or other entitled parties.
13.2. It is prohibited to use and/or modify the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, colour combinations, etc. without our prior and express written consent.
Article 14. Complaints and disputes
14.1. We do hope that all our customers are 100% satisfied. However, if you have any complaints about our services, you can contact us via email: info@le-gallery.com or telephone: +32 497 79 31 37 or +44 7463 021762. We aim to deal with your complaint within 7 days.
14.2. All agreements that we conclude with our customers, irrespective of their place of residence, are governed exclusively by Belgian law. If, for reasons of international law, another law should nevertheless apply, the interpretation of these general terms and conditions shall be based, in the first instance, on the Belgian Law on Market Practices and Consumer Protection as included in the Code of Economic Law.
In the event of a dispute, only the competent Belgian courts shall be competent.
14.3. As a consumer, you also have the option of resolving the dispute out of court. You can contact the Consumers' Mediation Service of the Federal Government for this purpose. It is authorised to receive any request for out-of-court settlement of consumer disputes. It will, in turn, either deal with the application itself or forward it to a qualified entity. The Consumer Mediation Service can be reached via this link: https://consumerombudsman.be/en.
14.4. In the event of cross-border disputes, you can also use the Online Dispute Resolution platform of the European Union at this link: http://ec.europa.eu/odr.