Scope

This website is operated by [Art square Window SPRL, [Rue du Baty 28, 1428 Lillois] Hereinafter referred to as “la Griffe”, “we” or “the Platform”. To contact us : Email: info@lagriffebyas.com

The website is hosted by OVH, a company of France right.

These terms and conditions (hereafter General Conditions of Use) are intended to define the terms of use of the Platform. The Platform provides a meeting place for sellers (hereinafter “craftsmen”) and purchasers (hereinafter “Clients” or “you”), where each craftsman has a page presenting his profile and the creations of which he is the author (hereinafter “Creations”). Through the Platform, the Client will be able to purchase the Creations of the craftsman, the sale being concluded between the craftsman and the Customer. The Customer, prior to his order, declares that he has the full legal capacity, enabling him to commit under these Terms of Use. These Terms and Conditions of Use shall be accessible at any time on the Platform and shall prevail, as the case may be, on any other version or other contradictory document. Unless evidence to the contrary, the data recorded by la Griffe constitute the proof of all the transactions. Changes to these Terms of Use are binding on users of the Platform as of their posting and can not be applied to transactions entered into previously. The fact that a natural person or legal entity uses the Platform entails acceptance and full acceptance of these General Conditions of Use, which is expressly acknowledged by the Client who renounces in particular to avail himself of any contradictory document, which would be unenforceable to la Griffe.

Responsibility of la Griffe

La Griffe has selected craftsmen to enable them to sell their creations on [www.lagriffebyas.com]. La Griffe provides a service to provide a platform through which appropriately selected craftsmen offer their Creations for sale to Customers and allow them to place orders. La Griffe is committed to doing everything possible to offer the best experience to the Customer during his visit to the Platform and his order. La Griffe is committed to making the best efforts but can not guarantee any results. Consequently, La Griffe declines all responsibility in particular in the event of unavailability, defective operation of the Platform, errors, techniques or viruses. In the event of default, la Griffe may only be obliged to re-establish the service of the Platform. In all other cases, the maximum liability of la Griffe the Claw may not exceed 150€. La Griffe shall not be liable for any actions or claims for consequential, punitive, loss of profits, income, interest, data, opportunities, … resulting from the use of the Platform or the performance of this contract, even if the damage was foreseeable. La Griffe disclaims all warranties and liability for the extent and nature of the Craftsperson’s powers to sell the Creations they offer on the Platform. Although la Griffe, as a web host, facilitates transactions in the Platform marketplace, it is neither the buyer nor the seller of Creations of Craftsmen. La Griffe simply allows craftsmen and potential customers to meet. The sale will be concluded in the end only between the Client and the craftsman and it will be governed by the conditions defined by the Craftsman and the Client. La Griffe is not a party to such a contract and assumes no liability arising from this contract of sale. It is not the agent or the general agent of the Craftsmen, therefore it is the Craftsman who is solely responsible for the sales of the Creations, the delivery and the complaints or any other problem arising or related to the contract of sale between Him and the Customer.

Your account

Two categories of accounts are offered by la Griffe:

  1. “Special” account: Offered by simply registering on the Platform, the “special” account allows Customers to order from the craftsmen and to subscribe to a newsletter if they so desire. The special account is free of charge and valid for an indefinite period. The Client may close his Account whenever he wishes.
  2. “Professional” account: The “professional” account is open to any (re) professional salesman in the sectors concerned by the offer of la Griffe wishing to buy on the Platform in the course of his professional activity. These include art galleries, antique dealers and other professionals in the art world or catering professionals. In return for a subscription of 15 € / month and a subscription of at least 12 months, the “professional” customer may benefit from certain advantages, such as preferential prices on Creations (depending on what was decided by Each craftsman). The “professional” account is subject to VAT control by the Platform and its statutes. The craftsman is always free to apply the normal price (being the one applied to the “Private” Customers) if he has proof that the purchase concerned is a purchase within the framework of the Private activity of the Buyer.

The Client is responsible for maintaining the confidentiality of his login information and the activities of his account. He must take all necessary measures to ensure that his password remains confidential and secure, and must inform la Griffe immediately if he has reasons to believe that his password is known to someone else, or if it is used or likely to be used unauthorized. La Griffe may deactivate or suspend his account at any time.

Using the Platform

You may use la Griffe Platform only for lawful purposes. You are not permitted to use the Platform in any way that could cause alteration of the service offered, damage to the Platform, a Craftsman or third parties, or in a manner that contravenes any law or Local, national, European or international regulations. La Griffe reserves the right to deny you access or to close your account in the event of a violation of this article or the General Conditions of Use, in particular in cases where: You would use the data to which you have access via the Platform to send unsolicited messages, in large numbers (spam), to the users of the Platform in order to offer services or products for any other commercial purpose, or in any other way not authorized; You would act in such a way as to undermine the reputation of the Platform; You would violate the intellectual rights of third parties; You would use the Platform for any unlawful purpose.

Sale of alcoholic beverages

In accordance with the Act of 24 January 1977 on the protection of consumer health with regard to foodstuffs and other products, it is prohibited to sell, serve or offer any beverage or product of an actual alcoholic strength Greater than 0,5% vol to young people under the age of sixteen and it is forbidden to sell, serve or offer spirit drinks to young people under the age of eighteen. Therefore, when ordering such beverages or products on our Platform, you acknowledge that you have the legal capacity to conclude the sale.

Payment

Payment must be made at the time of the online order by the Customer. The proposed transaction will only be completed after payment of the agreed price. We work with PayPal and Stripe payment service providers. Details of the financial transaction (such as your bank or your account number) are not communicated to la Griffe. To ensure security of payments, La Griffe uses a secure payment service. The banking data is encrypted (SSL security standard) and does not circulate on the internet. For the rest, we refer to the general conditions of each craftsman, and to the general conditions of use of the payment services PayPal and Stripe.

Right to retract

You have the right to withdraw from the contract with the craftsman without giving reasons within 14 days. The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier designated by you, physically takes possession of the property or, in the case of a contract for several goods ordered from if the goods are delivered separately, 14 days after the day on which you yourself or a third party other than the carrier designated by you physically takes possession of the last property. To exercise the right of withdrawal, you must notify the craftsman (whose details you will find on the invoice that you will receive following the order placed on the Platform) your decision to retract the contract of sale by means of a declaration ambiguity (for example, letter sent by mail, fax or e-mail). In order for the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the period of withdrawal. In the event of a withdrawal from the contract of sale by you, the craftsman will reimburse you all payments received from you, including delivery costs (except for the additional costs arising from the fact that you have chosen, a method of delivery other than the less expensive standard delivery mode proposed by us) without undue delay and in any event no later than fourteen days from the date on which it is informed of your decision to withdraw from this contract. He will proceed to the refund using the same means of payment that you used for the initial transaction, unless you specifically agree to a different way with the Platform and the craftsman; In any case, this reimbursement will not incur any costs for you. The craftsman may defer repayment until he has received the property or until you have provided proof of shipping the property, whichever is the earlier. You must return the goods to the craftsman (the details of which can be found on the purchase invoice without undue delay and in any event not later than 14 days after you have given us your decision to withdraw from this contract, which shall be deemed to have been complied with, if you return the property prior to the expiration of the 14-day period. You will have to bear the direct costs of returning the property. These costs are estimated at a maximum of approximately 30€. Your liability is only incurred in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the property. For your information: the consumer can not exercise the right of withdrawal for

  1. service contracts after the service has been fully executed, if the execution has commenced with the express prior consent of the consumer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully executed by the company;
  2. the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the enterprise and which may occur during the withdrawal period;
  3. the supply of goods made according to the consumer’s specifications or clearly personalized;
  4. the supply of goods likely to deteriorate or to perish rapidly;
  5. the supply of sealed goods that can not be returned for health or hygiene reasons and that have been sealed by the consumer after delivery;
  6. the supply of goods which, after being delivered, and by their nature, are inseparably mixed with other articles;
  7. the supply of alcoholic beverages whose price has been agreed upon at the time of conclusion of the contract of sale, the delivery of which can only be made after thirty days and the actual value of which depends on fluctuations in the market beyond the control of The company;
  8. contracts in which the consumer has expressly requested the company to visit him in order to carry out urgent maintenance or repair work. If, on the occasion of such a visit, the undertaking provides services in addition to those specifically required by the consumer or goods other than spare parts essential for maintenance or repair work, the right of withdrawal Applies to such additional services or goods;
  9. the supply of sealed audio or video recordings or sealed computer software that have been unsealed after delivery;
  10. the supply of a newspaper, periodical or magazine except for contracts for subscribing to such publications;
  11. contracts concluded at a public auction;
  12. the provision of accommodation services other than for residential purposes, transportation, car rental, catering or recreational services if the contract provides for a specific date or period of performance;
  13. the supply of digital content not provided on a physical medium if the execution has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal;
  14. contracts for the services of betting and lotteries.

Protection of personal data

In order to guarantee the best possible service to Clients, and to ensure the management of the customer relationship, la Griffe collects personal information such as name, first name, postal address, e-mail address and date of birth . This information is strictly confidential and is intended only for la Griffe and the craftsmen concerned. The personal data collected from the Clients may be subjected to statistical and computer processing, the main purposes of which are to facilitate the ordering process and, subject to the prior agreement of the Clients, to provide them with information on the Creations of Craftsmen of la Griffe, to send them information and commercial offers. The data collected is intended for the internal services of la Griffe and may also be communicated to Craftsmen and service providers duly authorized by la Griffe, who assist it in the execution of tasks necessary for the proper management of the Platform as well as the taking into account and payment of orders. The collection and processing of personal data of the Clients is carried out under the responsibility of la Griffe. The craftsman will carry out treatments for his own account, e.g. to follow up the orders placed. The processing of personal data collected on the Platform is the subject of a declaration to the Commission for the Protection of Privacy. The personal data that la Griffe deals with are not transferred to any third country. If such a transfer is made by a subcontractor, La Griffe will ensure that the legal guarantees related to the protection of your rights are given. In accordance with the terms and conditions of payment service providers that offer their services on our Platform, the personal data they collect may be transferred outside the European Union. After you close your account, your personal data is kept for a maximum of one year. In accordance with the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the Client has at all times a right of access, rectification and opposition to the All personal data by writing, mailing and proof of identity to info@lagriffebyas.com. In order to allow our Platform to recognize you, we use cookies which, by default, have a lifetime of 24h. The cookies we use do not track you on any third party sites.

Intellectual property

All content present or made available through la Griffe, such as texts, videos, logos, buttons, images, music, is the property of la Griffe or its Craftsmen and is protected by Belgian law, European and international intellectual property. You may not copy, reproduce, republish, download, send, distribute, transmit, communicate to the public or use any content of the Platform in any way without the consent of the Platform except for your use Non-commercial staff.

Entirety

Should one of the clauses of this contract be null and void by a change in legislation, regulation or by a court decision, this can not affect the validity and the respect of these general conditions of sale.

Governing Law and Jurisdiction

Any complaints arising out of the consultation of our Platform or the use of its services will be subject, prior to any legal proceedings, to mediation or any other alternative means of dispute resolution, with a view to finding an amicable solution. These general conditions of sale are subject to the Belgian legislation. Only Belgian courts and tribunals are competent to hear disputes.