Terms and Conditions




 
GENERAL CONDITIONS OF USE
 
 ARTICLE 1.-- LEGAL INFORMATION
 

By virtue of the article of the law N 2004-575 of June 21st, 2004 for the confidence in the digital economy, is specified in this article the identity of the various participants within the framework of its realization and of its follow-up.

The site Gengoux.art is published by Francis Gengoux, whose head office is situated at the following address: : Rue Moussia 157/2E – 5541 Hastière-par-Delà, Belgique.
 
Phone: + 32 (0) 82 22 21 88. 
E-mail : francis@gengoux.art
 
The director of publication of the site is Francis Gengoux.
 
The site Gengoux.art is hosted by Netim.fr
 
Mailing address of the host : 165 avenue de bretagne, Euratechnologies, 59000 Lille France


ARTICLE 2.-- PRESENTATION OF WEBSITE
 
The website Gengoux.art is about the presentation and sale of the works of Francis Gengoux. 
 
ARTICLE 3.-- CONTACT
  
For any question or demand of information concerning the site, or any description of contents or illicit activities, the user can contact the publisher in the following e-mail address: francis@gengoux.art or send a registered letter with acknowledgement of receipt to Francis Gengoux, Rue Moussia 157/2E, 5541 Hastière-par-Delà, Belgium.

 
ARTICLE 4.-- ACCEPTANCE OF CONDITIONS OF USE
 
The access and the use of the site are subjected to the acceptance and to the respect for the present General Terms of Use.
 
The publisher reserves the right to modify, at any time and without advance notice, the site and services as well as the present GTU, in particular to adapt itself to the evolutions of the site by the provision of new features or the abolition or the modification of existing features.
 
It is thus recommended to the user to refer before any browsing to the last version of GTU, accessible 
at any time on the site. In case of disagreement with GTU, no use of the site could not be made by the user.

 
ARTICLE 5.-- ACCES AND BROWSING
 
The publisher implements the technical solutions at his/her disposal to allow the access to the site 24 hours a day, 7 days a week. He can suspend nevertheless at any time, to limit or to interrupt the access to the site or to certain pages of this one to proceed to updates, modifications of his contents or any other action considered necessary for the smooth running of the site.
 
The connection and the browsing on the site are worth unconditional acceptance of the present General Terms of Use, some are the technical means of access and the used terminals.
 
The present GTU applies, as and whenever necessary, to any declension or extension of the site on the social networks and/or community existing or to come.

 
ARTICLE 6.-- MANAGEMENT OF THE SITE
 
:For the good management of the site, the publisher will can at any time :
 
- Suspend, interrupt or limit the access to all or part of the site, reserve the access to the site, or to certain parts of the site, to the determined category of Internet user ;
- Delete any information which can disrupt the functioning or entering fine with the national or international laws, or with the rules of the Netiquette ;
- Suspend the site to proceed to updates.
 
 
ARTICLE 7.-- RESPONSIBILITIES
 
The publisher is responsible only for the contents which it published himself.
The publisher is not responsible :
- In case of problems or technical, computing failures or of compatibility of the site with a material or a software whatever it is ;
- any direct or indirect, material or immaterial, predictable or unpredictable damage resulting from the use or the difficulties of use of the site or from its services ;
- intrinsic characteristics of him |nternet, in particular those relative to the lack of reliability and for lack of reassurance of the information circulating there ;
- contents or illicit activities using his site and it is true without he duly acquainted with it in the sense of the current Law towards personal data processing.
 
Besides, the site could not guarantee the accuracy, the comprehensiveness, and the current events of the information which are broadcast there.
 
 The user is responsible :
- of the protection of its material and its data ;
- of the use which he makes of the site or his services ;
- if he does not respect either the letter, or the spirit of the present GTU.
        
 
ARTICLE 8.-- HYPERLINKS
 
The site can contain hypertext links pointing to other web sites on which Gengoux.art does not exercise control. In spite of the preliminary and regular checks realized by the publisher, this one declines quite responsibility as for the contents which it is possible to find on these sites.
 
The publisher authorizes the implementation of hypertext links towards any page or document of its site under the condition that the implementation of these links is not realized in one? Ns commercial or advertising.
 
Besides, the preliminary information of the publisher of the site is necessary before any implementation of hypertext link.
 
Sites spreading information with illicit, violent, polemical, pornographic, xenophobic character are excluded from this authorization or being able to strike a blow at the sensibility of the largest number.
 
Finally, Gengoux.art reserves the right to delete at any time a hypertext link clocking towards its site, if the site estimates it not in compliance with its editorial politics;
 
 
ARTICLE 9.-- DATA COLLECTION
 
The site is corresponding to the stipulations of the
current Law.
 
By virtue of statutory provisions, the user has, in particular, of a right of opposition, access and rectification of the data concerning him.
 
To make use of one of the aforesaid rights, the user has to address the publisher by contacting him by e-mail at the following address : francis@gengoux.art, or by registered mail sent to the head office of the publisher by specifying his name, first name, mailing address and e-mail address.
 
 
ARTICLE 10.-- COOKIES
 
The site possibly resorts to the techniques of cookies allowing him to treat with statistics and with information on the traffic, to facilitate the browsing and to improve the service for the comfort of the user, who can oppose the recording of these cookies by parametrizing his browser software.
 
 
ARTICLE 11. -- INTELLECTUAL AND ARTISTIC PROPERTY
 
The structuring of the site but also texts, graphs, images, photos, sounds, videos and applications which make up him are the property of the publisher and are protected as such by the current laws in conformance with the intellectual property. The publisher is a member of the A.D.A.G.P. (Association The Graphic and plastic Artists), in Paris.
 
Any representation, reproduction, adaptation or partial or total exploitation of the contents, the registered trademarks and the services proposed by the site, whatever process it is, without the prior, express and written authorization of the publisher, is strictly forbidden and would may establish a forgery in the sense of articles 335-2 and following ones of the Code of the intellectual property. And it is true with the exception of elements expressly indicated as free of rights on the site.
 
The access to the site is not worth recognition of a right and, in a general way, does not confer no intellectual property right concerning an element of the site, wich remain the exclusive property of the publisher.
 
It is forbidden to the user to introduce data on the site which would change or which would may change the contents it or the appearance 



B - GENERAL TERMS OF SALES 

ARTICLE 1.-- INTRODUCTION

The seller is not subjected to the VAT by virtue of the article 56 bis of the Code of the VAT, by royal order N 19 of June 29th, 2014 concerning the diet of franchise of the tax in favour of small companies.

The following capacities establish general terms of sale on the site Gengoux.art.

These terms and conditions of sale (below CGV) denies the contractual rights and obligations of the seller and his client in the context of a remote sale and electronic sale of digital files (below Products).

The GTS governs exclusively the relation between the seller and the customer.

The GTS expresses the entire obligations of the parties. The customer is considered for accepting them without reserve, otherwise his order will not be validated.

In case of doubt on one of the terms of sale, the current uses in the sector of the remote sale by companies(societies) whose head office is in Belgium and the Code of the consumption apply.

The seller reserves the right to modify punctually the GTS. The modifications will be applicable from their on-line publishing..
 
 
ARTICLE 2.-- PRICES
 

The seller reserves the right to modify its prices at any time by publishing them on-line.

Only will apply the current price lists indicated at the time of the order.

Prices are indicated in euros, without delivery costs for the Products, in the electronic form (shopping cart) before the customer validates the order.
  
The total amount of the order is indicated before the finale validation of the order form.
 
Payment of the entire price must be made when ordering, in order to receive a specific download link.

 
ARTlCLE 3.-- ORDER ONLINE
 
Customers have the option to complete an online purchase order using an electronic form. By completing the electronic form, the customer accepts the price, product description and specific license.
 
The customer will have to accept by clicking in the indicated place, the present general terms of sale, so that his order is validated.


The customer will have to give an address of valid e-mail and a delivery address and recognizes by the present GTS that any exchange with the seller can intervene by means of this address.

The customer will also have to choose and validate the method of payment.

The seller reserves the right to block the order of the customer in case of non-payment, of erroneous address or of any other problem at the account of the customer and it is true until resolution of the problem.

 
 
ARTICLE 4.-- CONFIRMATION AND PAYMENT OF THE COMMAND
 
It is an order with obligation for payment, so the signing of the order involves a regulation of the customer.
 
 
4.1.-- PAYMENT
 
The customer makes the payment at the time of the final validation of the order by giving his number of bank card, by using Paypal or by making a bank transfer.

The customer guarantees to the seller that he arranges necessary authorizations to use this method of payment and recognizes that the information given for that purpose is worth proof of its consent in the sale as in the payability of the sums owed in conformance for the order.

In case of contesting or of fraudulent use of the bank card without physical use of the bank card (use of the number of the bank card), every person can take issue in 70 days from the date of the operation on by transmitting a complaint according to the following modalities, so that the seller takes at under his responsibility the costs of the sale and restores the controversial sum, by e-mail sent to the following e-mail address : francis@gengoux.art. 

Any contesting not made in rules deny above and within the time limits allowed cannot be taken into account and will relieve the seller of any responsibility.

The seller set up a verification procedure of the orders and the means of payment fate to guarantee it reasonably against any fraudulent use of a means of payment, including by asking the customer of the data of identification.

In case of refusal of authorization of credit card payment on behalf of the accredited bodies or in case of nonpayment, the seller reserves the right to suspend or to cancel the order and its delivery.

The seller also reserves the right to refuse a order emanating from a buyer who would not have adjusted totally or partially a previous order.

 
4.2.-- CONFIRMATION


Upon receipt of the validation of the purchase and payment by the customer, the seller shall transmit to the latter, on the email address specified by him, the confirmation of receipt of the order form and a specific download link..
 
The seller will send an invoice and a certificate of authenticity to the customer during the delivery.
 
The customer can ask for the sending of the invoice another address than for that of the delivery by sending a request for that purpose for the seller before the delivery.
 
In case of unavailability of a product, the seller will hold the customer informed by e-mail as soon as possible has to cancel the order of this product and pay off the relative price, the rest of the order remaining firm and definitive.
 
The customer can always make be worth his right to withdraw in 14 days as from the moment when the information concerning the unavailability of the product was sent to him.
 
For any question concerning the follow-up of an order, the customer can contact the seller by e-mail sent to the following e-mail address : francis@gengoux.art.

 
 
ARTICLE 5.-- ELECTRONIC SIGNATURE

 According to current statutory provision, the on-line supply of the number of bank card of the buyer and the final validation of the order are worth proof of the agreement of the customer, the payability of the sums owed in conformance for the order form, the signature and express acceptance of all the made operations.

 
ARTICLE 6.-- PROOF OF THE TRANSACTION

Communications, orders and payments intervened between the customer and the seller can be proved thanks to computerized registers, kept in the computer systems of the seller in reasonable conditions of safety. Order forms and invoices are archived on a reliable support and sustainable considered, in particular, a way of proof.
 
 
ARTICLE 7.-- METHOD OF PAYMENT

All the payment conditions put at the disposal of the customer is listed on the site of the seller. The customer guarantees to the seller that he arranges authorizations possibly necessary to use the method of payment chosen by him, during the signing of order.
 
 
ARTICLE 8.-- DELIVERY


The delivery is made only after confirmation of the payment by the banking body of the seller.

The products are delivered to the email address indicated by the customer on the online form valuing purchase order, the customer must ensure its accuracy.
 
Except in case of force majeure, the delivery takes place, according to the mode defined by the seller, that is: 7 days.

 
 
8.1.-- DELAY IN DELIVERY AND TERMINATION

In case of delay in delivery, the seller will inform the customer about it, who can denounce the contract and ask to be paid off in 14 days as from this termination.
 
The total reimbursement of the product is then made.
 
This termination of the contract must be sent by e-mail sent to the following e-mail address : francis@gengoux.art
 
Any termination not made in rules defined above and within the time limits allowed cannot be taken into account and will relieve the seller of any responsibility towards the customer.

 
8.2.-- CHECK OF THE ORDER

Verification of products is considered to be performed by the client, or a person authorized by the client, has clicked on the download link.

The customer will owe, where necessary, to inform the seller of his reserves by e-mail sent to the following e-mail address : francis@gengoux.art.
 

Any reserve not made in rules defined above and within the time limits allowed cannot be taken into account and will relieve the seller of any responsibility towards the customer.

Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and send it by email to the customer, with a new download link.
 
 
8.3.-- ERROR OF DELIVERY

In case of error of delivery and/or non-compliance of products with regard to the indications on the order form, the customer formulates his complaint with the seller that very day of the delivery or at the latest the first working day following the delivery. The complaint can be sent by e-mail to the following e-mail address: francis@gengoux.art.

Any complaint not made in rules defined above and within the time limits allowed cannot be taken into account and will relieve the seller of any responsibility towards the customer.

 
8.4.-- CONTROL RETURN

Any complaint in accordance with the above rules and within the prescribed time limits shall not be taken into account and shall relieve the seller of any liability towards the customer.

 
ARTICLE 9. -- GUARANTEE OF PRODUCTS

The seller is the guarantor of the compliance of the products sold under the license.

However, there may be a slight difference between the colors of your screen and the prints. The customer will therefore make sure to calibrate his screen (colours, brightness and contrast), before any order.
 
The client may make a request under the legal guarantee of compliance, in accordance with the provisions of the current law.


 
9.1. -- COMMERCIAL GUARANTEE

The seller offers to the customer a commercial guarantee covering the conformity of products and assuring in case of non-compliance the refund of the purchase price or the replacement of the product, during the duration of two months.

This warranty does not cover any slight differences in appearance between products, nor does it cover the difference between the low-resolution display of images on Gengoux.art and the high-resolution printing of each print, nor does it cover any defects caused by abnormal or misused use or resulting from a cause unrelated to the intrinsic qualities of digital files.


ARTICLE 10.-- UNAVAILABILITY OF PRODUCTS AND REFUND

In case of unavailability of a commanded product, the customer will be informed about it by e-mail. The customer will have the possibility of cancelling his order and will so have the choice enter the refund of the sums by him paid in 30 days at the latest by their payment, or in the exchange of the product.

 
ARTICLE 11.-- RIGHT TO RENEGE

The customer can make be worth his right to withdraw and of return of the product within 14 working days following the delivery.
 
The customer will make be worth his right to withdraw by contacting the seller by e-mail sent to the following e-mail address : francis@gengoux.art.


 
ARTICLE 12.-- FORCE MAJEURE
 
The parts will be exempted from their obligations, in case a circumstance independent from their will, constituent of a case of force majeure, would prevent their execution. The obligations of the parts will be suspended.
 
The part which calls upon such a circumstance, will have to warn the other part immediately, in its emergence and in its disappearance.

Any irresistible facts or circumstances, outer the parts, unpredictable, inevitable, independent from the will of the parts are considered cases of force majeure and which cannot be prevented by the latter, in spite of all the efforts reasonably possible, define as such by the Belgian jurisprudence in particular, the blocking of the means of transportation or the supplies, earthquakes, fires, storms, floods, lightning, and the stop of the telecommunication networks.
 
If the major case of strength has a duration three-month-old superior, the present general conditions can be cancelled by the injured party.
 

ARTICLE 13.-- APPLICABLE LAW AND COMPETENT JURISDICTION
 
The publisher is installed in Belgium in a stable and long-lasting way to exercise actually his activity, whatever is the place of setting-up of its head office.
 
So, the present GTU and GTS is subjected with care of the Belgian law, with the exception of the capacities of the Convention of Vienna.
 
In case of dispute or of complaint, the Internet user will address first and foremost the publisher to obtain an amicable solution.
For lack of mutual agreement, the Internet user, if he contracts as amateur or collector, can commit a procedure in front of the jurisdiction of his choice and if he contracts as professional, can commit a procedure before the court of the place of the head office of publisher.


Good browsing on Gengoux.art !