ZERONE BIRTI GENERAL CONDITIONS October 2021 release These general conditions aim to regulate the contractual relationship between the client and Mr. Jerome Birti, under the name Zerone Birti, whose is established at Prosper Henri devosstraat 13 a 1700 Dilbeek in Belgium; Hereinafter referred to as the “Artist”; By “Customer”, is referred to any person, individual or company, using the services or purchasing the products of the Artist.

Article 1 – General

These general conditions aim to regulate the contractual relationship between the Customer and the Artist.
The latter operates in the field of: artistic creation (including painting), hereinafter the “Products” and the “Services”.
The Seller also operates an online store hosted on the website www.zeronebirti.com (hereinafter, the “Site”)
The Seller offers in particular for the online purchase of products of paintings, drawings, prints, objects of art, etc.
These general conditions prevail over all other general conditions. They may be modified at any time by the Artist, subject to communication to the Customer as soon as possible. The new version of the general conditions will only be applicable to contracts concluded after their entry into application.
The Customer is bound by these general conditions upon ordering on the online site, upon affixing his signature on the estimate as mentioned in article 2 or upon completion of the advance payment as requested by the Artist, in accordance with the Article 6. The Customer is presumed to have read and understood them. In case of validation of the quote electronically, the customer is bound by these general conditions upon agreement sent to the Artist electronically or confirmed by the Artist in writing, in any form whatsoever.

Article 2 – Quotation, price and contractual documents

In any case, a prior exchange is necessary between the Artist and the Customer. At the end of this, the Artist submits an estimate showing the fixed prices, or costs for the desired service (s) and / or for the product (s) to be delivered. This quote is valid for 15 calendar days.
Any modification made by the Customer, after submission of the quote, will result in a modification of the latter and, where applicable, of the cost of the Service (s) and / or the product (s).
The Client’s agreement, as to the content of the estimate, can be given: (i) by affixing his signature to the estimate accompanied by the handwritten mention “good for agreement” and the date of signature; (ii) by confirmation sent by email.
In any case, the estimate can be returned signed by post or by e-mail, provided that the Customer’s agreement is mentioned therein in a visible, identifiable and unequivocal manner.
In the event that the quote was issued by the Artist by computer, a.o. by exchange of e-mails, the Customer expressly accepts that this exchange constitutes the contractual relationship and can serve as proof of its existence.
The operation of the Site is set as follows:
1. The Customer connects to the Artist’s website and selects items that he places in his shopping cart. He thus expresses his willingness to place an order.
2. The Customer, after registering, enters his delivery and billing details. The total amount of the order, all taxes included and the shipping costs are indicated to him.
3. After receiving a complete summary of his order, the Customer confirms his willingness to proceed to the payment stage.
4. The Customer is redirected transparently to the Site of [payment module], where he enters his payment preferences and payment parameters. Information related to the bank card used for payment is not known to the Artist. The confidentiality of information is thus guaranteed. The transaction costs are borne by the Artist.
5. Payment is requested from the financial institution concerned.
6. The Customer receives the result of the transaction by e-mail which he can then print out and keep as proof.
7. The Artist carries out the after-sales treatment and sends the package to the Customer in accordance with these general conditions.
Products ordered online remain the intellectual property law of the Artist.
The prices listed on the Site are valid on the date of the consultation and are subject to change. The final price is communicated to the Customer at the time of confirmation of the sale on the Site.
The Site has been produced in the most conscientious manner possible. It is intended to present the products offered by the Artist. The information on the Site is subject to change. The Customer is, therefore, invited to verify the information in his possession prior to the contact made. In any case, the Artist is not contractually bound by information made available on the Site.

Article 3 – Discounts

Discounts or rebates may be granted to the Customer. Where appropriate, an explicit mention is affixed to this subject on the order form. These discounts or rebates do not constitute a right on the part of the Customer. They are granted taking into account the professional relationship existing between the Artist and the customer and / or the quantities of products ordered. These discounts or rebates are, moreover, strictly linked to the order concerned and may not, in any case, be general.

Article 4 – Specific features related to the Services

Any information noted by the Artist during its visit to the places concerned by the Services, but not communicated by the Customer, is likely to lead to a modification of the estimate mentioned in article 2. In this context, the Customer is free to accept or reject the modification. Where applicable, in the event of a refusal, the Artist may limit itself to performing the Services in accordance with the initial offer, as far as possible. Otherwise, the Services will be limited to a single visit to the Artist and this will be invoiced to the Customer.
In order to enable the Services to be carried out efficiently and optimally, the Client undertakes: (i) to provide the Artist with the information and documents necessary for the proper performance of said Services; (ii) to allow access to all the installations, materials and places concerned by the services; (iii) to allow the delegation of all or part of the Services to third parties to the contract covered by these general conditions and this, after specific information provided by the Artist.

Article 5 – Payment

The Customer undertakes to make the payment as follows:
1. -Payment for products outside of the order on the website is made in cash upon delivery, unless otherwise provided. In the absence of payment, the Artist is not required to make the products purchased available to the Customer.
2. – taking into account the particularity of certain Services, the Artist may request a deposit of 30 to 50%. This deposit must be paid immediately to the Artist. The order will only be made after receipt of the said deposit by the Artist.
The invoice is sent by mail or email by the Artist to the Customer. In the case of sending by email, this sending is made to the email address provided by the Customer when signing the quote. In any case, the Artist is not responsible if the e-mail address provided by the Customer is incorrect.
In addition, in the event of a change in the contact e-mail address, the Customer is required to immediately inform the Artist thereof. No additional payment period will be granted to the Customer who has failed to transmit the modification of the e-mail address for sending the invoice (s).
Invoices are payable within 30 days of their date of issue.
In addition to the above, any unpaid invoice within the required deadlines will automatically bear interest of 12% per year. In the event of non-payment of the invoice within thirty days of its date, the amount of the invoice will be increased by 10% with a minimum of 50 euros, as a conventional, fixed and irreducible penalty clause.
The transfer of ownership of the product sold is only effective at the time of full payment. Before this, the product remains the full property of the Artist, including in the event of partial payment by the Customer.

Article 6 – Deadlines for completion

The Services on order are only planned by the Artist after receipt of the deposit mentioned in article 6.
This period is only mentioned for information and may be extended for reasons beyond the control of the Artist (such as illness, accident, force majeure, technical and / or IT problems).
If applicable, the Artist is in no way liable to the Customer for any payment intended to compensate for the delay.
Any delay attributable to the Customer will result in an extension of the completion times.

Article 7 – Delivery

The Artist has the products ordered delivered to the Customer through a third-party carrier. A fixed amount covering the delivery costs is added to the amount of the order. The responsibility of the Artist can in no case be called into question in the event of delay in the deadlines or for the transport carried out by this third party which are solely the responsibility of the latter and this from the delivery of the order in his hands. . If necessary, in the event of damage to the goods ordered due to transport and for reasons not attributable to the Artist, the Artist will made a proposal for a friendly solution.
When the Customer collects his Order in person from the Artist, the risks associated with transport are borne by the Customer as soon as he takes possession of his order.
Package will be shipped as soon as possible for the Artist.
The Artist reserves the right not to ensure delivery during certain periods. The Artist undertakes to warn its customers in advance. the Artist will deliver the orders placed as soon as the activity resumes.
The delivery times mentioned on the quote or the order form are only indicative. They do not bind the Artist in any way. In the event of delivery after this date, the Customer does not benefit from the possibility of considering the sale as void.

Article 8 – Right of withdrawal (only applicable for orders on the e-shop)

The Customer has a 14-day withdrawal period.
The customer must mention in his letter of withdrawal his name, first name, postal address, e-mail address, telephone number and order and specify which product (s) is (will) be returned.
This right of withdrawal can only be raised provided that the products purchased on the Site have not been used or modified in any way and provided that the original packaging has not been opened, that the seals are intact, and they are accompanied by the purchase invoice.
This right of withdrawal does not apply to products (I) made to measure, (II) on sale, (III) destocked, (IV) or in special promotion on the occasion of certain events. In this case, the products are neither returned, nor reimbursed, nor exchanged.
This right of withdrawal allows the Customer to return, at his expense, the items to the Artist within 7 days of having sent his request. The Artist undertakes either to reimburse the returned products to the bank account with which the online payment was made by the Customer or to offer vouchers on the Site of equivalent value to the price of the returned product.
Provided that the right of withdrawal is exercised in the forms and conditions set out in this article, the Customer is reimbursed for his purchase within 14 days of receipt by the Artist of the returned product.

Article 9 – Obligation of means

The compositions and creations are made to measure and on the basis of the Customer’s requests. The Artist is only bound by an obligation of means, unless expressly stipulated otherwise. The designer undertakes to make every effort to carry out the order in accordance with the customer’s wishes. However, the designer is not required to implement means of a disproportionate nature with regard to the objective to be achieved.

Article 10 – Limitation of liability

The Artist cannot be held responsible in the event of a virus or other element affecting the Customer’s computer equipment or for acts of third parties.
The Artist makes every effort to guarantee the delivery of quality products. Under no circumstances can the Artist be held responsible for defects resulting from the action of a third party.
The Artist is not responsible for the non-performance of the sale of the products for reasons of force majeure, disruptions, strikes of the public services of all types, or other similar events.
The products sold are creations of the Artist and are made from materials that cannot be ingested. They are only intended for decoration, graphics, content creation etc. The Artist is in no way responsible for any damage resulting from use of the product for purposes other than those for which the product was designed.
The Artist is in no way responsible for the harmful consequences caused to the Customer or to third parties due to improper use of the product purchased. The Customer is expected to use the product in accordance with its instructions for use. Any other use is the sole and exclusive responsibility of the Customer. The Customer may not, under any circumstances, carry out a commercial activity of resale or rental of the products purchased. The activity carried out by the Artist is intended solely for consumers or professionals for their own use.
The Client guarantees the Artist against any claim or recourse by third parties directed against the Artist for such reasons.
The Artist is, in all cases, responsible only for a serious fault on its part. The amount of its liability is limited to the amount of the quote accepted by the Customer.

Article 11 – Guarantee

Products sold new are subject to a 2-year legal warranty. Used products are subject to a 1 year warranty limitation.
The legal guarantee relates exclusively to the lack of conformity which exists at the time of delivery of the products, to the exclusion of: (i) any direct or indirect damage caused to the product after delivery, (ii) any replacement of elements or accessories of which regular renewal is necessary, (iii) any damage resulting from fire, water damage, lightning, accident or any other natural disaster; (iv) any defect caused expressly or by negligence, by improper maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective use.
The lack of conformity must be reported to the Artist within 2 months of its discovery. Otherwise, the legal guarantee no longer applies.

Article 12 – Compensation in the event of cancellation

In the event of cancellation of an Order made by the Customer before the start of the service, the Artist may claim compensation of 10% of the value of the Order without prior notice.
Any Service started and canceled by the Customer is due up to the amount of the Services previously performed. This can be made on the deposit set in Article 6 without prior notice. In addition, the Artist reserves the right to increase the invoice by an amount corresponding to 20% of the amount invoiced, as a penalty clause for early termination of the contract.
In the event of cancellation of the Order by the Artist, for reasons beyond its control (disappearance of the ordered product, bankruptcy of a supplier, for example and without being exhaustive), the Artist undertakes to offer a product equivalent to the Client. He is free to accept or refuse.
The Artist reserves the right to cancel or refuse an order or modification of an order (example for the creation of a painting, a work, etc.) which would go against public order and morality.

Article 13 – Confidentiality

Confidential data relating to both the Customer and the Artist as well as to third parties involved in the contractual relationship, collected in any way whatsoever and, mainly by e-mail exchanges, oral exchanges, as well as that any future information, are intended only for the execution of the contract and for communications between the parties. They will not be the subject of any communication or transfer to third parties not authorized by the Parties.
Both the Artist and the Client are required to respect the confidentiality of information and to use it only to the extent that it is strictly necessary for the fulfillment of their respective obligations.
In the event of non-compliance with this principle of confidentiality, both the Artist and the Client may demand compensation from the party in question for the damage suffered.

Article 14 – Intellectual property

The entire content of the Artist’s website is the property of the latter. These contents are protected by copyright. As such, they may not be copied, reproduced, used either temporarily or permanently for purposes other than those which may be attributed to the Customer without the authorization of the Artist, owner of the website.
The Artist cannot guarantee the compatibility of the website with any computer hardware or software used by the Customer.
All the elements produced by the Artist and delivered to the Customer are subject to legislation relating to intellectual property and, more particularly, to copyright. The Artist expressly authorizes the Customer to make use of it within the framework and the limits of the Services and for the purposes linked to the realization thereof. Any other use, in particular but without being exhaustive, reproduction or communication to third parties is subject to the express authorization of the Artist which may, if necessary, claim payment of copyright.
In view of the previous paragraph, the Customer may not, under any circumstances, modify the Services except with the express agreement of the Artist formulated in the offer or, subsequently, in writing. In the event of unauthorized modification, the Artist benefits from the possibility of claiming copyright as well as, where applicable, damages. The responsibility of the Artist can not, in any case, be called into question when a modification is made by the Customer.
Under no circumstances can the Customer oppose the mention of the Artist’s contact details on the Services.
If the Customer wishes, for any reason whatsoever, to create a link to the Site from a third-party site, he is required to inform the Artist in advance. Information can be sent by e-mail to zeronebirti@gmail.com.

Article 15 – Personal data

Any personal data concerning the Customer as defined by the European Data Protection Regulation 2016/679 (RGPD) is processed in compliance with this Regulation. These data are processed and kept only for the proper execution of the contractual relationship between the parties and are not, under any circumstances, transmitted to third parties for any other purpose. In this regard, you should consult the www … page of the Artist’s website (to be completed by the privacy policy link).
The data kept by the Artist are as follows: last name, first name, address, e-mail address, telephone number, [other data depending on the specifics of the Artist].
The Customer has the possibility of: (i) objecting, on simple request and free of charge, to the processing of his personal data, for serious and legitimate reasons, unless this opposition makes it impossible for the proper execution of the contractual relationship between the parts; (ii) access, free of charge, the data concerning him held by the Artist and obtain the rectification of any data which is incomplete, inaccurate or irrelevant; (iii) request the deletion of data concerning him from the Artist provided that the retention of data is not imposed on the Artist by reason of a legal obligation; (iv) request the portability of its data held by the Artist to a third party; (v) withdraw, if applicable, at any time, his consent to the processing of data based solely on the consent.
Any request regarding the foregoing must be addressed in writing to the Artist’s headquarters by post, or by email to zeronebirti@gmail.com.
The Artist may disclose personal information to third parties at the request of any authority legally authorized to make the request. The Artist may also disclose it if such transmission is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.

Article 16 – Collection of testimonies

The Services performed by the Artist on behalf of the Client may, at any time, be used by the Artist for reference purposes and this, anonymously. The Artist undertakes to obtain the Customer’s consent for references with explicit mention of the Customer’s data.
The Artist may ask the Customer to obtain a written, oral or visual testimony on the performance of the Services and their effect on a personal basis. The Customer remains free, at any time, to refuse to give such testimony. If accepted, the Artist is invited to put its formal agreement in writing. The testimonials collected by the Artist may be used for documentary or reference purposes.

Article 17 – Complaints

Any complaint from the Customer, with the exception of those possibly referred to in an article, must be made in writing no later than 7 days after the occurrence of the fact giving rise to the complaint, postmark being taken as proof. The Artist undertakes to do everything in its power to find an amicable solution that suits all the parties. Provided a claim is made by the Customer within the time limits provided above, and provided that the Artist accepts it, the amount claimed will be limited to the value of the Products or Services concerned less the actual costs incurred by the Artist. ‘Artist (including delivery costs, if applicable).

Article 18 – Nullity

The possible nullity of a provision of these general conditions in no way influences the validity of all of these general conditions. If a clause is rendered void, the parties undertake to conclude a clause having a similar effect and to insert it into these general conditions.

Article 19 – Application of Belgian law

These general conditions, as well as any dispute as to the validity, interpretation or execution of these general conditions are subject to Belgian law.

Article 20 – Dispute resolution and competent courts

In the event of a dispute, mediation between the Artist and the Client is preferred. To this end, the parties undertake to participate in at least one mediation meeting organized by a mediator approved by the Federal Mediation Commission. If, however, after this meeting, no agreement seems possible, the competent courts are those of the judicial district of the Artist’s head office.