GENERAL AND SPECIAL CONDITIONS OF SALE
1. These general and special conditions of sale govern all the provisions relating to the sale of items presented on the website, by post and / or other or directly to the customer, as well as to all purchase orders and / or assimilated, including orders by e-mail, all invoices issued by the bel-art.net site, its departments, names and / or services and / or written or verbal contracts. The general and specific conditions are permanently visible on our website bel-art.net The sales, contracts, special or not, concluded verbally are very identically subject to these general and specific conditions.
2. The automatic recording systems are considered as proof of the nature, content and date of the order.
3. Without a prior exemption, written and signed by the person in charge of the bel-art.net site or his legal representative, any contrary condition included in the orders or in any writing, order forms or other means, is deemed unwritten and therefore void without it being necessary to challenge it.
4. Any deviation from these provisions therefore formally requires the prior written and signed agreement as mentioned above. Any order, reservation, written or verbal, implies full and irrevocable acceptance of these general conditions.
5. For reasons that the bel-art.net site does not have to justify, it may be refused to ship orders in certain regions or in certain countries. In this case, the customer who would have placed an order is informed and the amount he would have paid when ordering is refunded; without being able to claim any other payment or damages whatsoever.
6. The bel-art.net site reserves the right to refuse or cancel any order from a customer with whom there is a dispute over payment for a previous order.
7. The bel-art.net site reserves the absolute right without having to justify it, and without any waiver of any legal action. prevent access to the site, delete the account and refuse any order to any person who would be rude and / or offensive and / or threatening to anyone via the bel-art.net site; whether verbally or in writing.
8. The information given by the buyer when ordering commits the latter: in the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which he could be to deliver the product.
1. The price applied is that in force at the time of the order and / or specifically determined by a contract or a written agreement. The prices mentioned in the commercial proposals and contracts are in euros (€), all taxes included (TTC).
2. The packaging and shipping costs are clearly indicated in the store when ordering.
3. The shipping costs are those charged by the carrier chosen by the customer at the time of sending, or decided by a person in charge of the bel-art.net site and this according to the content of the shipment. The price of transport is calculated according to the weight and the destination of your order.
4. The packaging charge charged represents the cost of the actual packaging of the item and the envelope or box / bag / other packaging that we must use to complete the shipment.
5. Any taxes (such as customs fees for example) applied to entry into a territory are always payable by the customer.
6. Certain articles and / or shipments containing several articles, with a value equivalent to or greater than € 500.00 may be sent, by simple decision of the bel-art.net site, by registered mail. The cost of sending by registered mail is payable by the customer. The bel-art.net site may decide to send insured value shipping if this is deemed necessary because of the value of the item to be sent. These shipping costs in insured value are payable by the customer. When ordering, the customer is then immediately informed of the costs incurred by registered mail or insured value shipment.
7. Within the European Union, whoever carries out, independently and in the exercise of an economic activity, deliveries of goods or services in a usual way (repetitive and regular nature), is subject to the VAT. Electronic commerce is no exception to this rule. However, it is advisable to remain attentive to the peculiarities arising from the international character of the contractual relationship established by the Internet. So for example, with regard to the sale by a Belgian of material goods we can consider the following situations:
1) Between Belgians
· B2B Business to Business: Belgian VAT;
· B2C Business to Consumer: Belgian VAT;
· Taxable buyer: no VAT if proof of delivery abroad
· Non-taxable buyer: Belgian VAT applicable.
B2C Belgian VAT applicable.
3) Extra-community (Ex .: Belgian seller - Swiss or Chinese buyer)
· B2B: no Belgian VAT if proof of export;
· B2C: no Belgian VAT if proof of exportation.
1. Invoices are payable in cash and without discount.
2. By the simple act of ordering, the customer irrevocably accepts the general and special conditions.
3. If the order is paid by bank transfer, the date of consideration is that of the day on which the bel-art.net site receives the amount on its account. Payment made online, by Paypal or other secure payment system, on the bel-art.net site is equivalent to payment received on the account of the bel-art.net site.
4. No supply / provision / shipment will be made until the bel-art.net site has recorded the credit for the amount corresponding to the order, plus packaging and shipping costs if applicable, or under the conditions provided for by these general and special conditions of sale.
5. Any order not paid at the end of the legal waiver period entails a de facto supplement of 10% of the invoice amount with a minimum of € 10.00 for administrative costs, notwithstanding any recourse and without any prejudicial recognition.
6. Any order not paid within 30 days may be automatically canceled by the bel-art.net site.
7. When a refund is made by the bel-art.net site it will always be, without any possible exception, on the account or the credit / debit card by which the order was paid.
DELIVERY - TRANSPORT
1. Are considered as force majeure formally discharging the seller from his obligation to deliver, war, riot, fire, strikes, particular atmospheric circumstances (snow, etc.), accidents and 'inability to be supplied in the event of a shortage of stock.
2. The goods are always transported at the risk and peril of the recipient. Always check your package on arrival. You have 3 days for delivery in Belgium and 7 days for delivery in Europe, to make any reservations with the carrier in the event of a missing item or damage.
3. The shipping costs are calculated at the real price, without any margin for the benefit of the bel-art.net site. All shipments in Belgium and abroad are carried out by carrier or postal parcel (by normal or registered mail).
4. Under penalty of inadmissibility, complaints relating to invoices must reach the head office of the bel-art.net site, in writing (e-mail: firstname.lastname@example.org or postal mail), with the exception of text messages which do not will never be accepted, within 8 days of the date of the order which is the same day as that on which the invoice is established by the online system and made available to the customer, and must clearly mention all the details of the invoice concerned.
2. In the event of cancellation of the order, only the amount of the paid invoice will be refunded; shipping costs cannot be refunded to the customer. Likewise, the costs collected by online or banking payment systems will in no case be reimbursed, they remain exclusively the responsibility of the customer. The right of return does not apply for audio and video recordings.
3. If there is any problem receiving your package, please contact us. No complaint can be accepted by telephone or other means than writing by email (email@example.com) or postal mail only and this at the latest within 3 days from receipt of the package. Otherwise, this complaint is no longer valid. If this clause is respected, it is the customer's responsibility to immediately return the damaged package to us with its original packaging. The cost of returning the package to our head office is always the responsibility of the customer. Any return of the item without the original packaging can under no circumstances be refunded or exchanged or replaced. The shipping costs of an article replacing a damaged product are borne by the bel-art.net site, taking into account article 1 of this chapter: WAIVER – RETURN
1. The responsibility of the bel-art.net site is, in all cases, strictly limited to the customer to the amount due for the item which presents a problem. The bel-art.net site can in no way be held responsible for problems and circumstances beyond its control, including transport problems (post, plane, boat or other means), technical problems related to the internet neither with regard to telephone and / or other networks that transmit or allow communications, nor with respect to energy suppliers, access providers and / or servers through which communications / orders and other devices through which the customer passes, nor any defects whatsoever in the software and programs used or necessarily required.
2. The photos, images, reproductions, or other means (s) of representation of the items displayed on the site are in no way contractual. No one can therefore claim to obtain an article strictly identical to the one displayed / represented on the site.
1. Online payment made by means of Paypal is secured by Paypal (or any other secure online system) in SSL secure format. Indeed, the online payment by this means is not carried out by the site bel-art.net but by Paypal on the secure site of which the customer is immediately directed when he clicks on the button "payment by Paypal" or on the logo / system that allows this payment to be made.
2. When they are apparent, the other secure payment methods are carried out by each transaction company which secures and guarantees the online security of payments.
3. Payments made by bank transfers are made by the customer at his bank, or by his bank using the online banking system at his disposal. The data necessary for this purpose are indicated in the page concerning payments by bank transfers when the customer arrives on this page as well as in the confirmation that he will receive by email upon validation of his online order.
4. In the event of a problem with secure online payment, the customer must immediately contact the secure system concerned and his bank. The bel-art.net site does not intervene in any way in securing and / or the means, technical and others, implemented to ensure secure online payment and has no means to do so.
5. The bel-art.net site will provide, on request, all the necessary elements to enable the customer who complains of a problem relating to the payment system chosen by him, so that he can have all the possible elements. that the bel-art.net site can make available to him At the customer's request, any order that would be the subject of an online payment problem will be automatically blocked / suspended until the customer indicates that the difficulty is resolved; the order then being put on hold.
COPYRIGHT © and COPYRIGHT
"" "The reproduction or representation, in whole or in part, of the pages, data and any other component of the site, by any process or medium whatsoever, is prohibited and constitutes an infringement without the publisher's authorization." " "
Belgian Monitor - Published on: 06-12-2006
FEDERAL PUBLIC SERVICE JUS
MAY 15, 2006. - Law amending articles 259bis, 314bis, 504quater, 550bis and 550ter of the Penal Code (1)
ALBERT II, King of the Belgians,
Hello everyone, present and to come.
The Chambers have adopted and We sanction the following:
CHAPTER I. - General arrangement
Article 1. This law regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. - Provisions amending the Criminal Code
Art. 2. In article 259bis of the Penal Code, inserted by the law of June 30, 1994 and amended by the law of April 3, 2003, the following modifications are made:
1 ° a new § 2bis is inserted before § 3, worded as follows:
“§ 2bis. Shall be punished by imprisonment of six months to two years and a fine of five hundred euros to twenty thousand euros or one of these penalties only, any officer or public official, custodian or agent of the public force who, at the occasion of the exercise of its functions, except the cases provided for by the law or without respecting the formalities which it prescribes, unduly, possesses, produces, sells, obtains with a view to its use, imports, distributes or makes available in another form a device, including computer data, mainly designed or adapted to allow the commission of the offense provided for in § 1. ";
2 ° in § 3, the words "§§ 1 or 2" are replaced by the words "§§ 1, 2 or 2bis";
3 ° in § 4, the words "provided for in §§ 1, 2 and 3" are replaced by the words "provided for in §§ 1 to 3", and the words "in Article 314bis, §§ 1, 2 or 3 ”are replaced by the words“ in Article 314bis, §§ 1 to 3 ”.
Art. 3. In article 314bis of the same Code, inserted by the law of June 30, 1994, the following modifications are made:
1 ° a new § 2bis is inserted before the current § 3, worded as follows:
“§ 2bis. Will be punished by imprisonment of six months to one year and a fine of two hundred euros to ten thousand euros or one of these penalties only, whoever, unduly, possesses, produces, sells obtains with a view to its use , imports, distributes or makes available in another form a device, including computer data, mainly designed or adapted to allow the commission of the offense provided for in § 1. ";
2 ° in § 3, the words "§§ 1 or 2" are replaced by the words "§§ 1, 2 or 2bis";
3 ° in § 4, the words "provided for in §§ 1, 2 and 3" are replaced by the words "provided for in §§ 1 to 3", and the words "in Article 259bis, §§ 1, 2 or 3 "are replaced by the words" in Article 259bis, §§ 1 to 3 ".
Art. 4. In article 504quater, § 1, of the same Code, inserted by the law of November 28, 2000, the words "He who obtains, for himself or for others, a fraudulent asset advantage" are replaced by the words "Anyone who seeks to obtain, for himself or for others, with fraudulent intent, an illegal economic advantage" and the words "possible use" are replaced by the words "normal use".
Art. 5. Article 550bis, § 5, of the same Code, inserted by the law of 28 November 2000, is replaced by the following provision:
“§ 5. Anyone who unduly possesses, produces, sells, obtains for use, imports, distributes or makes available in any other form, any device, including computer data, mainly designed or adapted to allow the commission of the offenses provided for in §§ 1 to 4, is punished by imprisonment of six months to three years and a fine of twenty-six euros to one hundred thousand euros or one of these penalties only. ".
Art. 6. In article 550ter of the same Code, inserted by the law of 28 November 2000, the following modifications are made:
1 ° § 1 is replaced by the following provision:
"§ 1. Anyone who, knowing that he is not authorized to do so, directly or indirectly, introduces into a computer system, modifies or erases data, or who modifies by any technological means the normal use of data in a computer system, is punished imprisonment from six months to three years and a fine of twenty-six euros to twenty-five thousand euros or one of these penalties only.
If the offense referred to in paragraph 1 is committed with fraudulent intent or with the aim of causing harm, the prison sentence is from six months to five years. ";
2 ° § 4 is replaced by the following provision:
“§ 4. Anyone who unduly possesses, produces, sells, obtains for use, imports, distributes or makes available in another form, a device including computer data, mainly designed or adapted to allow commission offenses provided for in §§ 1 to 3, when he knows that these data can be used to cause damage to data or to prevent, totally or partially, the correct functioning of a computer system, is punished by imprisonment from six months to three years and a fine of twenty-six euros to one hundred thousand euros or one of these penalties only ”;
3 ° a § 6 is added, worded as follows:
“§ 6. An attempt to commit the offense referred to in § 1 is punishable by the same penalties. ".
Let us promulgate this law, order that it be covered with the seal of the State and published by the Belgian Official Gazette.
Given in Brussels, May 15, 2006.
By the King:
The Minister of Justice,
Mrs L. ONKELINX
The Minister of Economy, Energy, Foreign Trade
and Scientific Policy,
Seal of the state seal:
The Minister of Justice,
Mrs L. ONKELINX
(1) 2003-2004 session:
House of Representatives :
Documents. - Bill: 51-1284, n ° 1. - Amendments: 51-1284, nos 2 to 7. - Report made on behalf of the committee: 51-1284, n ° 8. - Text adopted by the committee: 51 -1284, n ° 9. - Amendment presented after the report has been tabled: 51-1284, n ° 10. - Text adopted in plenary session and sent to the Senate: 51-1284, n ° 11.
See also: Full report: April 21, 2005.
Documents. - Project mentioned by the Senate: 3-1135, n ° 1. - Amendment: 3-1135, n ° 2. - Report made on behalf of the committee: 3-1135, n ° 3. - Text amended by the committee: 3-1135, n ° 4. - Text amended by the Senate and referred to the House of Representatives: 3-1135, n ° 5.
Annals of the Senate: June 30, 2005.
House of Representatives :
Documents. - Project amended by the Senate: 51-1284, n ° 12.
Report made on behalf of the committee: 51-1284, n ° 13. - Text adopted in plenary session and submitted to royal assent: 51-1284, n ° 14.
See also: Full report: April 20, 2006.
Art. 314bis. <Inserted by L 1994-06-30 / 49, art. 2; In force: 03-02-1995> § 1. Will be punished by imprisonment of six months to one year and a fine of two hundred francs to ten thousand francs or one of these penalties only, anyone who:
1 ° .....
2 ° .....
§ 2. ....
(§ 2bis. Will be punished by imprisonment of six months to one year and a fine of two hundred euros to ten thousand euros or one of these penalties only, the one who, unduly, possesses, produces, sells, obtains with a view to its use, imports, disseminates or makes available in another form a device, including computer data, mainly designed or adapted to allow the commission of the offense provided for in § 1.) <L 2006-05- 15/46, art. 3.10.059; ED: 22-09-2006>
§ 3. The attempt to commit one of the offenses referred to in (§§ 1, 2 or 2bis) is punished like the offense itself. <L 2006-05-15 / 46, art. 3, 2 °, 059; Effective: 22-09-2006>
§ 4. The penalties (provided for in §§ 1 to 3) are doubled if an infringement of one of these provisions is committed within five years from the delivery of a judgment or of a judgment, which has become legally binding. res judicata, imposing a conviction for one of these offenses or for one of the offenses referred to (in Article 259bis, §§ 1 to 3). <L 2006-05-15 / 46, art. 3.30.059; Effective: 22-09-2006>
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The person in charge of the ARTICLESDEBANNEUX.BE site therefore reserves the right to sue any person by all legal means if it was found that without the prior written authorization and duly signed of the author / publisher (the person in charge of ARTICLESDEBANNEUX. BE), one or more element (s) of this site has / have been copied (s) and / or reproduced on another (s) site (s) and / or other medium (s) ( s) and / or other support (s).
THE HEAD OFFICE
The ARTICLESDEBANNEUX.BE site, registered with the BCE-TVA under number BE 0403,934,922, has its head office at Rue de l'Esplanade 49 at 4141 Banneux (Belgium); telephone 0032 (0) 4 360 02 17. The change of registered office would not modify the general and specific conditions in any way.
DISPUTES - LITIGATION
Belgian law is still applicable. In the event of a dispute, only the Courts of the Judicial District where the registered office of the ARTICLESDEBANNEUX.BE site is located are competent.
The customer cannot dispute all or part of the general and special conditions or part of a special contract to which he subscribes by the simple fact of reserving or ordering one of the items / services offered. The two parties formally and irrevocably agree to this designation of jurisdiction.
By ordering, the customer therefore accepts without any restriction and irrevocably, these general and special conditions of which he claims to have read, understood and accepted them in full.