Our terms & conditions
Galerie Charlie, a private company whose main office is located at Onze-lieve-vrouwekerkhof 3 2800 Mechelen, registered with the Crossroads Bank for Enterprises (Kruispuntbank voor Ondernemingen) (KBO) in Belgium under the number 0785.830.949 (hereinafter “Galerie Charlie”), set up, on www.galeriecharlie.be (hereinafter the “Website”), an online art gallery allowing individuals (hereinafter the “Buyers”), after registration on the Website, to buy, through Galerie Charlie, works of art (hereinafter the “Works”) by professional artists on the Website (hereinafter the “Sellers”), proposed to a certain price (hereinafter the “Intermediation Service“).
|The Intermediation Service is as follows:
Article 1 – Applicability
- Galerie Charlie only acts as an intermediary in the relationship between the Seller and the Buyer. In that regard, these Terms and Conditions (hereinafter the “Terms“) apply in the relationship between Galerie Charlie and the Buyer. Therefore, the terms of withdrawal, exchange or refund of the Works will be determined between the Seller and the Buyer and do not bind Galerie Charlie. Galerie Charlie does not sell the Works itself and does not offer them for sale itself either (this is done by the Sellers).
- Galerie Charlie declines any responsibility or liability regarding the sales concluded by the Buyers through its Intermediary Service with the Sellers, to which it remains foreign. Any complaint relating to the Works will be redirected to the Seller, who will assume full and sole responsibility in this regard.
- In case of non-compliance with the Terms, Galerie Charlie reserves the right to interrupt access, temporarily or definitively, to the Intermediation Service of the Buyer concerned.
In this case, Galerie Charlie will send an e-mail to the Buyer to the e-mail address associated with his/her/their account informing him/her/them of the temporary or permanent deactivation of his/her/their username and password and the temporary or permanent closure of his/her/their account.
- The Terms were updated on July 14, 2022. Galerie Charlie reserves the right to modify the Terms at any time. Any changes will take effect immediately for Works as soon as they are posted on the Website. The applicable terms and conditions are those in force on the day the Buyers use the Intermediation Service.
Article 2 – Website
Use of website
- The Website and its Content may only be used for personal, non-commercial purposes. Any other use (including commercial) of the Website or its Content (e.g. modification, removal, transmission, distribution, re-licensing, uploading, duplication) is not permitted.
- The Website and its Content may only be used for lawful purposes. It is not allowed to use the Website or its Content for e.g. defamatory or hateful purposes. It is also not allowed to send, e.g., defamatory or hateful material via the Website or the contact data thereon.
- Galerie Charlie reserves the right to block access unilaterally and without forewarning if it appears that you are under age.
- The Website itself (and in particular its structure, its organization and its visual and graphic identity, its design, its ergonomics, its features), logos, artworks, paintings, texts, photos, names, communications, photographs are protected by intellectual property rights that lie either with Galerie Charlie, either with the artists, the photographers or the other rightful claimants.
- It is forbidden to use and/or alter the intellectual property rights on the Website as described in this article. It is not allowed to copy or reproduce (e.g. by taking screenshots) any drawings, photos, names, texts, logos, color combination, etc. without the prior and explicit written consent of Galerie Charlie for non-personal purposes.
Hyperlinks and social media plug-ins
- The Website contains hyperlinks and plug-ins to third party websites (e.g. social media platforms). Galerie Charlie is not responsible/liable for the content or information displayed on the link, or for which the link was provided. Galerie Charlie is also not responsible/liable for data processing by these third parties.
Liabilities and guarantees
- Use of the Website implies knowledge and acceptance of the characteristics and limitations of the Internet, including those relating to technical performance; response time to view, query or transfer information; and the risks inherent in any connection and transmission over the Internet. Galerie Charlie is not liable for damage resulting from the use of the Website or its Content. Galerie Charlie does not guarantee that the Website is virus-free.
- Galerie Charlie cannot be held liable for the content made available on the Website by the Buyers or Sellers. If Galerie Charlie is held liable, the Buyer or Seller indemnifies Galerie Charlie against any claims, damages, fees of third parties arising from or related to its use of the Website or its contents.
- If the User violates these Terms and Conditions, Galerie Charlie can use all legal means. Galerie Charlie can for instance block the IP-address of the User or de-active the User’s account.
Article 3 – Registration
- In order to use the Website and the subsequent services of Galerie Charlie, every Buyer must register on the Website. To this end, the Buyer must provide their identification data (name, address, telephone number, e-mail address and any other information required). The Buyer undertakes to provide complete, accurate and up-to-date information and not to impersonate a third party
- The Buyer will inform Galerie Charlie without delay of any changes affecting its identification data, or will update such data via his account.
- The Buyer undertakes to keep their username and password secret and not to disclose these to any third party. The Buyer is solely responsible for access to the Intermediation Service through his/her/their username and password. In case of suspicion of the use of the username and password by a third party, the Buyer must immediately alert Galerie Charlie.
Article 4 – Choice of work, availability
- Any offer of a Work on the Website is an offer by the Seller mentioned. If a Seller’s offer is only valid for a limited time or is subject to certain conditions, Galerie Charlie will mention this on the Website. Galerie Charlie tries to provide information that is as accurate as possible but does not guarantee that this information is always accurate, complete, reliable or without errors. Galerie Charlie is not liable if certain expectations are not met.
- The Buyer confirms their choice of Work, reads, and accepts the Terms. The Buyer subsequently chooses whether he wants to collect the goods or have them delivered. In the latter case, the Buyer will have to pay an additional amount. After that he/she/they chooses his/her/their payment method and executes the payment according to article 6.
- After the choice of payment, the Buyer receives an e-mail confirmation of their order. However, the order is solely complete and the agreement with the Seller is final as soon as Galerie Charlie has received the approval of the card issuer for your payment transaction with credit or debit cards within 14 (fourteen) days and when the Seller has confirmed that the Work is still available. If the Seller fails to confirm within 14 days or the payment is not made within 14 days, the agreement between the Seller and the Buyer is automatically terminated. Galerie Charlie is not liable for any pre-contractual damage as it is not a party to the contract.
- In the event that the Work is not available, the Buyer shall not be required to fulfil its payment obligation or the payment shall be cancelled (article 6, 3).
- If the same Work is the subject of an order by several Buyers at a time, it will be sold to the first Buyer. Galerie Charlie will invalidate the order for the other buyers of the Work. Galerie Charlie is not responsible/liable for the unavailability of a Work or any damage resulting from it.
Article 5 – Delivery and installation
- In the event of confirmation of the availability of the Work ordered by the Buyer and confirmation of the receipt of the transfer by Galerie Charlie, if the Buyer has chosen the option of secure delivery and installation, said Work shall be delivered by Galerie Charlie.
- If the Buyer does not choose the delivery option, the Buyer has to fetch the Work at Galerie Charlie or another point of sale. The Buyer has 14 days after the confirmation e-mail from Galerie Charlie to collect the Work from the address indicated by the Seller.
- Galerie Charlie only delivers and installs in Belgium. All Works are delivered to the address provided by the Buyer when an additional fee is paid. All Works are delivered no later than 30 days after confirmation of the availability of the Work to Galerie Charlie by the Seller. If Galerie Charlie cannot deliver on time, it shall always inform the Buyer before the expiry of the delivery period, without this giving rise to any compensation for damages.
- Galerie Charlie is not responsible for any erroneous information relating to the delivery, the collection or the installation of the Work provided by the Buyer.
- Delivery and installment of the Work is at the risk (e.g. risk of loss, damage, etc.) of the Buyer.
- Galerie Charlie cannot be held responsible or liable for any consequential loss due to late delivery or non-delivery by the driver appointed by Galerie Charlie. Our liability in such cases shall be limited to the value of the items proven not to have been received by the Buyer.
Article 6 – Price and payment
- The purchase price of the Work is determined by the Seller. The price is quoted in euros and mentions taxes, VAT, duties and services, except the fixed fee for delivery and installation.
- Galerie Charlie receives the corresponding amount from the Buyer in the name and on behalf of the Seller.
- Galerie Charlie only accepts payment via the payment modules on the Website (credit card, Bancontact, Paypal) and via bank transfer.
- In case of bank transfer, the Buyer must transfer the amount concerned within fourteen (14) days from the date of validation of availability of the Work by the Seller.
- In case of payment by credit card, Bancontact or Paypal, the money will be withdrawn or blocked without delay. If the Work turns out to be unavailable and or the payment is not confirmed within fourteen (14) days, the Work will not be considered sold to the Buyer. If the card issuer of the Buyer refuses to approve the payment, Galerie Charlie cannot be held responsible/liable for delays in delivery and/or non-delivery of the order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
- Transactions made on the Website are entrusted to the secure online payment platform “Mollie BV” (Keizersgracht 126, 1015 CW Amsterdam, Holland). Galerie Charlie has no access to confidential information relating to the means of payment that the Buyer uses during payment. Although Galerie Charlie uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. Galerie Charlie cannot be held liable for damages resulting from thereof.
Article 7 – Right of withdrawal
- Buyers have the right, during a period of 14 calendar days from delivery, to return the Work without penalty and without giving a reason. To exercise the right of withdrawal quickly and correctly, please send an e-mail to firstname.lastname@example.org. Galerie Charlie will notify the Seller of the withdrawal. The elements relating to the withdrawal are directly settled between the Buyer and the Seller
- During the first 14 calendar days after delivery, the Buyer must handle the Work and its packaging with utmost care. The Work must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of its sending, at the cost of the Buyer.
- The Buyer bears the direct costs of returning the goods. Galerie Charlie or the Seller will indicate the cost price or provide an estimate if this cannot be reasonably calculated in advance.
- Within 14 calendar days after Galerie Charlie or the Seller has received the Work back, the purchase price will be refunded to the Buyer by using the same means of payment with which the Buyer paid. Only the price of the Work purchased will be refunded by the Seller through Galerie Charlie, the shipping and return costs will be borne by the Buyer.
Article 8 – Force majeure
- In event of force majeure, Galerie Charlie shall not be obliged to fulfil its obligations. In this case, Galerie Charlie may either suspend its obligations for the duration of the force majeure or dissolve the agreement.
- Force majeure is any circumstance beyond our control and will, which prevents us from fulfilling our obligations in whole or in part. We understand this to include, but not be limited to: strikes, fires, storm or other extreme weather conditions, flood, epidemic, business interruptions, energy failures, IT failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other third parties called in, …
Article 9 – Other provisions
- Duration. These Terms apply to every visit to the Website and to every order of a Work through the Website.
- Nullity. If any provision of these Terms should be void or invalid, the remaining provisions will remain fully in force and the parties will replace the void or invalid provision by another provision that approximates the purpose and purport of the void provision as closely as possible.
- Complaints. Any complaint or dispute should be sent by registered letter to the address given above or by e-mail to email@example.com.
- Law & Court. This Agreement is governed by Belgian law. The courts of Galerie Charlie’s registered office shall have exclusive jurisdiction to hear disputes relating to this Agreement.
- Integration. This Agreement constitutes the complete expression of the understandings between the parties and supersedes all previous communications, understandings or agreements between the parties. No modification of this Agreement shall be binding unless agreed to in writing by both parties.