General Terms and Conditions DJAFRA
DJAFRA, with registered office at Volhardingstraat 112a, 2020 Antwerp, Belgium, company number BE0832.025.319.
Definitions
- Offer: All price quotes and proposals given by DJAFRA, via its website, email, quotations, catalog, and social media.
- Customer: The person or company who wishes to make a purchase from DJAFRA or use DJAFRA’s services and concludes an agreement to which these general terms and conditions apply.
- Services: The sale of “standard” artworks from the catalog, as well as the design of a custom artwork by DJAFRA.
- Agreement: Any agreement as referred to in Articles 1 and 2 of these general terms and conditions, to which these general terms and conditions apply.
- Effective Date: The agreement starts upon the purchase of a product or service via our website (/catalog), upon acceptance of our offer or quotation, or upon placing an order at the relevant fair/exhibition.
- In Writing: Any communication via email, regular mail, registered mail, or any other written material carrier.
- Right of Withdrawal: The right of a consumer to withdraw from the distance agreement within a legal reflection period of 14 days, in accordance with Article VI.47 ff. WER.
- Website: www.frankjanssens.be
1. General Provisions
a. These general terms and conditions describe the rules based on which DJAFRA will deliver or perform its products and services to you, as a Customer. These terms apply to all our offers, agreements, and products/services.
b. By accepting the quotation or offer and concluding the agreement, the customer acknowledges having timely taken note of these general terms and conditions and thus accepts to be bound by them in their contractual relationship with DJAFRA.
c. Every agreement with DJAFRA falls under these general terms and conditions, excluding the general terms and conditions of the customer, and, where applicable, all prior legal actions.
d. DJAFRA will perform the services in accordance with the best standards of the profession, with the understanding that DJAFRA enters into an obligation of means.
e. Both parties particularly accept that these general terms and conditions are balanced and not unfair, and fully comply with the rules on unfair terms from the Belgian Code of Economic Law.
f. The fact that a specific agreement deviates from one of the provisions of these general terms and conditions does not exclude the application of the other provisions.
2. Quotation, Price, and Payment
a. All prices for a “standard” artwork are listed on our website, and/or provided via quotation. The prices are expressed in euros. The prices shown on the website include VAT.
b. When the customer wants a custom artwork according to the customer’s wishes, a supplement of 25% will be charged on the standard prices.
c. DJAFRA cannot be held to the quotation if the customer could reasonably assume that it contains a material error (e.g., typo).
d. The client provides all information necessary to realize the assignment. The price quotation and indicative delivery times are based on this information. If this information is found to be incomplete or if the assignment is changed after the confirmation of the quotation, the price quotation and delivery times can be revised.
e. Quotations are valid for 14 days.
f. In the case of a custom artwork, the total amount (standard price increased by the 25% supplement) will be split into two partial invoices. The first deposit invoice is payable after acceptance of the quotation and amounts to 50% of the total amount. The balance of 50% is payable 2 weeks after final delivery.
g. Unless otherwise stated in the quotation, invoices must be paid within 7 days of the invoice date. In case of non-payment of the balance on the due date, by operation of law and without prior notice of default, and provided the customer is a professional, interest will be due on this amount equal to 12% per year until full payment, and a lump sum compensation of 10%, with a minimum compensation of €200.
h. When the customer is a consumer within the meaning of the Belgian Code of Economic Law, in the event of non-payment on the due date, a first free reminder will be sent. If payment is not made within 14 calendar days, the term of which starts as specified in Article XIX.2 WER, DJAFRA will be entitled to claim the default interest and compensation as specified in Article XIX.4 WER, from the day after sending the first free reminder, in accordance with Article XIX.2§4 WER.
i. In the event of non-payment by the Customer, DJAFRA also reserves the right to suspend further services. Non-payment is also considered a serious breach, giving DJAFRA the right to terminate the agreement at the customer’s expense, under the applicable compensations (see Article 5).
3. Execution and Delivery
a. DJAFRA will make every effort to meet the agreed delivery deadlines as mentioned in the quotation or order confirmation. However, these deadlines are indicative and not strict deadlines.
b. If the delivery period is exceeded due to force majeure or other circumstances beyond DJAFRA’s control, DJAFRA is entitled to extend the delivery period as necessary.
c. DJAFRA delivers the products and services to the delivery address specified by the customer. The risk of loss or damage to the products passes to the customer at the time of delivery.
d. If the customer fails to accept the delivery or pick up the products within a reasonable time after notification, DJAFRA is entitled to store the products at the customer’s expense and risk.
4. Right of Withdrawal
a. The customer has the right to withdraw from the agreement within 14 days without giving any reason. This period starts from the day the customer or a third party designated by the customer, who is not the carrier, physically takes possession of the goods.
b. To exercise the right of withdrawal, the customer must inform DJAFRA of the decision to withdraw from the agreement via an unequivocal statement (e.g., in writing by mail or email).
c. To comply with the withdrawal period, the customer must send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
d. If the customer withdraws from the agreement, DJAFRA will reimburse all payments received from the customer, including delivery costs (except for the additional costs resulting from the customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by DJAFRA), without undue delay and in any event no later than 14 days from the day DJAFRA is informed of the customer’s decision to withdraw from the agreement. DJAFRA will carry out the reimbursement using the same means of payment as the customer used for the initial transaction unless the customer has expressly agreed otherwise.
e. DJAFRA may withhold reimbursement until it has received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
f. The customer must send back the goods or hand them over to DJAFRA without undue delay and in any event no later than 14 days from the day on which the customer communicates the withdrawal from the agreement. The customer is responsible for the direct costs of returning the goods.
5. Termination and Suspension
a. In case of serious breach by the customer, DJAFRA has the right to immediately terminate the agreement without prior notice of default, without judicial intervention, and without any compensation. Serious breach includes but is not limited to non-payment on the due date, bankruptcy, or apparent insolvency of the customer.
b. In case of termination due to serious breach by the customer, the customer is liable to DJAFRA for damages of at least 30% of the total amount of the agreement.
c. DJAFRA is also entitled to suspend the performance of its obligations under the agreement if the customer fails to fulfill one or more of its obligations.
d. If DJAFRA terminates the agreement prematurely or suspends the performance of its obligations, it will notify the customer in writing.
6. Liability
a. DJAFRA’s liability is limited to direct damages caused by DJAFRA’s willful misconduct or gross negligence. DJAFRA is not liable for any indirect or consequential damages, including but not limited to loss of profits, loss of savings, or loss of business opportunities.
b. DJAFRA’s total liability under the agreement is limited to the amount the customer has paid for the products or services that caused the damage.
c. Any claims for damages must be submitted to DJAFRA in writing within one month of the occurrence of the damage, failing which the customer’s right to compensation lapses.
d. The customer is responsible for providing accurate and complete information necessary for the execution of the agreement. DJAFRA is not liable for damages resulting from incorrect or incomplete information provided by the customer.
7. Intellectual Property
a. All intellectual property rights related to the products and services provided by DJAFRA, including but not limited to copyrights, trademarks, trade names, and patents, remain the property of DJAFRA.
b. The customer is not entitled to reproduce, distribute, or make available to third parties the products or services provided by DJAFRA without DJAFRA’s prior written consent.
c. Any use of DJAFRA’s intellectual property rights by the customer is subject to DJAFRA’s prior written consent and must comply with the conditions set by DJAFRA.
8. Privacy
a. DJAFRA respects the privacy of its customers and complies with the applicable data protection laws and regulations.
b. DJAFRA collects, processes, and stores personal data of the customer only for the purpose of executing the agreement and providing the products and services.
c. The customer has the right to access, correct, or delete their personal data. For more information about how DJAFRA handles personal data, please refer to DJAFRA’s privacy policy available on the website.
9. Governing Law and Jurisdiction
a. These general terms and conditions and the agreement are governed by Belgian law.
b. Any disputes arising from or in connection with these general terms and conditions or the agreement will be submitted to the exclusive jurisdiction of the competent courts in Antwerp, Belgium.
10. Miscellaneous
a. If any provision of these general terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
b. DJAFRA’s failure to enforce any provision of these general terms and conditions does not constitute a waiver of that provision or any other provision.
c. The customer may not transfer any rights or obligations under the agreement to third parties without DJAFRA’s prior written consent.
d. DJAFRA reserves the right to amend these general terms and conditions at any time. The amended terms and conditions will apply to all new agreements and existing agreements where the changes are notified to the customer in writing.
