COMPANY DATA
OEVER GALLERY BV
HENDRIK BAELSKAAI 25/001
8400 OOSTENDE
SW@OEVER.GALLERY
GSM: +32456414379
COMPANY NR: 0778.344.925
VAT: BE0778344925
RPR GENT DEPARTMENT OOSTENDE
Article 1: General Provisions
The e-commerce website of Oever Gallery, a BV with registered office at Hendrik Baelskaai 25/001 in 8400 Ostend, VAT BE0778344925, RPR GENT DEPARTMENT OOSTENDE, (hereinafter “Oever Gallery”) offers its customers the possibility to purchase the products from its webshop online.
The present General Terms and Conditions (“Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order through Oever Gallery’s web store, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, except where they have been previously, in writing and expressly accepted by Oever Gallery.
Article 2: Price
All prices stated are expressed in EURO, always including VAT and all other compulsory charges or taxes to be paid by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The purchaser is responsible for international VAT, customs and banking costs when applicable.
The price stated refers exclusively to the articles as described word for word. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding on Oever Gallery. Oever Gallery is regarding the accuracy and completeness of the information offered only bound by a means obligation. Oever Gallery shall in no case be liable for obvious material errors, typesetting or printing errors.
If the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we request the Customer to email us via sw@oever.gallery
The offer is always valid while stocks last and can be modified or withdrawn by Oever Gallery at any time. Oever Gallery cannot be held liable for the unavailability of any product. If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
Article 4: Online purchases
The customer can search for the products he wishes to purchase after which he can place them in his shopping basket. If the customer has found all the products he can proceed to pay for these goods via the checkout procedure. In this procedure, the customer can provide his address and shipping options. Finally, the customer can choose his desired payment method and pay.
The Customer has the choice between the following payment methods:
– via credit card
– by bank card
– via Paypal
Oever Gallery is entitled to refuse an order due to a serious shortcoming of the Customer regarding orders involving the Customer.
Article 5: Delivery and execution of the agreement
Orders will be processed the first working day after payment at the earliest.
Items ordered through this webshop are delivered in Europe
Delivery is made by Bpost, DPD or Postnl at the rates indicated in the checkout.
Unless otherwise agreed or expressly provided, the goods will be delivered to the Customer’s home within 30 days of receipt of the order.
Any visible damage and/or qualitative deficiency of an item or other shortcoming in the delivery must be reported by the Customer to Oever Gallery without delay.
The risk due to loss or damage shall pass to the Customer as soon as he (or a third party designated by him, who is not the carrier) has received physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the goods and this choice was not offered by Oever Gallery.
Article 6: Ownership reservation
The delivered items remain the exclusive property of Oever Gallery until the moment of full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of Oever Gallery’s reservation of ownership, e.g. to anyone who might come to seize the articles that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article apply only to Customers who purchase items online from Oever Gallery in their capacity as consumers.
The Customer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day of conclusion of the contract.
To exercise the right of withdrawal, the Customer must create a return for Oever Gallery at “https://oever.sendmyparcel.me”. The customer will receive a confirmation of a created return in the form of an email.
To comply with the withdrawal period, the Customer must send its communication regarding its exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to Oever gallery, Hendrik Baelskaai 25/001 8400 Ostend, without delay, but in any case no later than 14 calendar days from the day on which he has communicated his decision to withdraw from the contract to Oever Gallery. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.
The direct cost of returning the goods shall be borne by the Customer.
If the returned item is in any way impaired in value, Oever Gallery reserves the right to hold the Customer liable and to claim damages for any impairment of the value of the goods resulting from the Customer’s use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer cancels the contract, Oever Gallery will refund all payments received from the Customer up to that point, including standard delivery charges, to the Customer within a maximum of 14 calendar days after Oever Gallery has been notified of the Customer’s decision to cancel the contract. In the case of sales contracts, Oever Gallery may wait to refund until it has received all the goods back.
Any additional costs resulting from the Customer’s choice of a method of delivery other than the cheapest standard delivery offered by Oever Gallery will not be refunded.
Oever Gallery will refund the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged for such refund.
Article 8: Warranty
Under the Act of September 21, 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the Customer’s home, the Customer must contact Oever Gallery customer service and return the item to Oever Gallery at their expense.
Upon discovery of a defect, the Customer must notify Oever Gallery as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its identification. Afterwards, any right to repair or replacement expires.
The (commercial and/or legal) warranty is never applicable to defects that occur as a result of accidents, neglect, falls, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that become apparent after a period of 6 months following the date of purchase, or delivery as the case may be, are not considered to be hidden defects, unless proven otherwise by the Customer.
Article 9: Customer Service
Oever Gallery can be reached at the telephone number +32456414379, by e-mail at sw@oever.gallery or by mail at the following address Hendrik Baelskaai 25/001, 8400 Oostende. Any complaints can be addressed to this address.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights available to Oever Gallery, in the event of non-payment or late payment, the Customer shall be liable, ipso jure and without prior notice, to interest of 10% per annum on the unpaid amount from the date of the default. In addition, the Customer shall be liable, ipso jure and without prior notice, to a fixed compensation of 10% of the amount in question, with a minimum of €25 per invoice.
Without prejudice to the foregoing, Oever Gallery reserves the right to take back the items not (fully) paid for.
Article 11: Privacy
The responsible party, Oever Gallery respects the Belgian law of December 8, 1992 on the protection of privacy in the processing of personal data.
The personal data communicated by you will only be used for the following purposes:
– the execution of the concluded agreement
– Processing the order
– sending of newsletters, advertising and/or marketing purposes
You have a legal right to inspect and possibly correct your personal data. Provided that you are able to provide proof of identity (copy of your identity card) you can obtain a written, dated and signed request to Oever Gallery, Hendrik Baelskaai 25/001 8400 Oostende, sw@oever.gallery free of charge, for a written communication of your personal data. If necessary, you can also ask to correct the data that are incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can object free of charge against the use of your data for direct marketing. To do so, please contact Oever Gallery, Hendrik Baelskaai 25/001 8400 Oostende, sw@oever.gallery.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
The customer is responsible for keeping his login data confidential and for the use of his password. Your password is stored encrypted, therefore Oever Gallery has no access to your password.
Oever Gallery keeps online (anonymous) visitor statistics to see which pages of the website are visited.
If you have any questions about this privacy statement, please contact us at sw@oever.gallery.
Article 12: Use of cookies
During a visit to the site, “cookies” may be placed on your computer’s hard drive. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
You can set your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard disk. You can do this through your browser settings (via the help function). Please note that certain graphical elements may not appear correctly or that you may not be able to use certain applications.
By using our website, you agree to our use of cookies.
Article 13: Affectation of validity – non-waivers
If any provision of these Terms and Conditions is held to be invalid, unlawful or void, this shall not in any way affect the validity, legality and applicability of the remaining provisions.
The failure at any time by Oever Gallery to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.
Article 14: Amendment of terms and conditions
These Terms and Conditions are supplemented by other terms and conditions expressly referred to, and Oever Gallery’s general conditions of sale. In case of contradiction, these Terms and Conditions shall prevail.
Article 15: Proof
The Customer accepts that electronic communications and backups may be used as evidence.
Article 16: Applicable law – Disputes
Belgian law shall apply, with the exception of the provisions of private international law concerning applicable law.
The courts of the Consumer’s place of residence have jurisdiction in the event of legal disputes. The Consumer may also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).