Terms of Sale / CGV
Preamble
These General Conditions of Sale (hereinafter referred to as the “T & Cs”) are applicable to all sales of goods and services provided by the company EDJI Gallery SL. through www.edjigallery.com. In the context of a sale of goods by EDJI Gallery SLR., the T & Cs constitute the final and complete agreement concluded between the Parties, and express all the reciprocal commitments of the Parties (hereinafter referred to as the “Transaction”). The T & Cs apply regardless of the clauses appearing in the Customer’s documents, in particular any General purchasing conditions.
Please read these Terms of Sale carefully and ensure that you understand them before ordering any goods from our site.
Article 1. Definitions
“Customer” or “you” designates any natural or legal person who purchases any good through www.edjigallery.com.
"EDJI Gallery SRL." or “We”, owner of www.edjigallery.com, means the EDJI Gallery, a Limited Liability Company, with registered office at 77 Rue Dodonée, 1180 Uccle, Belgium, registered with the Crossroads Bank for Enterprises under number BE0787.647.621, represented by Mr Edward Van Houtte de la Chaise.
"Delivery" means the physical delivery of the goods to the Customer at the delivery address indicated by him/her.
"Parties" means "EDJI Gallery", owner of www.edjigallery.com, and the Customer.
Article 2. Goods, pricing and availability
2.1 The prices of the goods ordered by the Customer are expressed in Euros, inclusive of all taxes (“TTC”).
2.2 We make all reasonable efforts to ensure that all images and descriptions of goods available from us correspond to the actual goods. Please note however, images of goods are for illustrative purposes only. There may be slight variations in color between the image of a product and the actual product sold. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of goods may vary.
2.3 We cannot guarantee that goods will always be available. Stock indications are provided on our site where possible, however such indications may not always be accurate.
2.4 We reserve the right to change prices of the goods available for sale on our website, and to add, alter, or remove special offers from time to time and as necessary.
2.5 Delivery and framing charges are not always included in the price of goods displayed on our site. Delivery and framing options and related charges will be presented to you as part of the order process.
2.6 Please be aware that international orders may be subject to relevant customs duties of the destination country. These duties are payable by you, the Customer. Customs fees should be paid upon arrival and are in addition to shipping and handling costs. We cannot discount or reimburse you for these costs.
Article 3. Orders
3.1 Our site will guide you through the ordering process. Before submitting your order, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
3.2 If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible at ranji@edjigallery.com. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you, the Customer.
3.3 EDJI Gallery SRL. reserves the right to decline or cancel orders for any reason. In the unlikely event that we do not accept or cannot fulfil your order, we will notify you by email to the email address you provided when submitting your order. If we have taken payment, any such sums will be refunded to you as soon as possible, and in any event within 30 days.
Article 4. Payment and refunds
4.1 Payment for goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
4.2 Any refunds due will be made using the same payment method that you used when ordering the goods. Refunds for returned goods will be made within 14 days of receiving the goods in our warehouse.
Article 5. Delivery, transfer of title and transfer of risks
5.1 All goods purchased through our site www.edjigallery.com will typically be shipped from our warehouse within 4 weeks following the order, however, this may take slightly longer, particularly in the case of pre-ordered or framed works. We will always keep you informed of any delays during this period.
5.2 We ship all orders on our standard service using premium global carriers.
If for any reason we are unable to deliver the goods to your chosen delivery address, we will leave a note informing you that the goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
5.3 Delivery shall be deemed complete and the risk for the goods will pass to the Customer once we have delivered the goods to the address you have provided. The Customer will assume all risks of loss, damage, destruction, liability or damage of any kind to the goods once delivered.
Ownership of the goods passes to the Customer once we have received payment in full of all sums due, including any applicable delivery charges.
Article 6. Faulty, damaged or incorrect goods
6.1 If any goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect or incorrectly priced goods, please contact us at ranji@edjigallery.com as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. The Customer is requested to take photos of the non-conforming good(s) on receipt of the order, if possible with a date of when the photo was taken, and to detail the reasons for the non-conformity.
6.2 The day following the day that you received the goods, you have a 14 calendar day right to reject the goods and to receive a full refund if they do not conform as stated above. The good must be returned in its original packaging, without wear and tear due to its installation (easel, frames etc...).
6.3 The refund will be made within the mechanism described in Article 4.2.
6.4 Please note that you will not be eligible to claim under this clause if we informed you of the fault(s), damage or other problems with the goods before you purchased them, or if
the defect is not due to the good itself but to incorrect use.
Article 7. Cancelling and returning goods if you change your mind
7.1 All requests for cancellations or adjustments must be made within 48 hours of your order being placed. Unfortunately, we cannot accommodate any requests made after this time, as the goods will have been packaged to be shipped to you.
7.2 If you would like to return your purchase, please make sure it is returned in the original packaging and in perfect condition within 14 days of the day following the day of receipt of the goods. The refund will be made within the mechanism described in Article 4.2.
7.3 We cannot offer refunds on the costs of framing . The costs of returning the products shall be borne by the Customer, thus we ask that you arrange and pay for the return shipment to our Gallery in BELGIUM. Please contact ranji@edjigallery.com if you wish to return an artwork.
Article 8. Our liability to Customers
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale or as a result of our negligence. We will not be responsible for any loss or damage that is not foreseeable.
8.2 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. If such an event arises, we will inform you as soon as is reasonably possible, and we will take all reasonable steps to minimise the delay.
8.3 The maximum overall liability of EDJI Gallery SRL., for any prejudice or reason whatsoever, including its tort liability and that linked to any violation of any order of the goods, whether it is liability without fault or of any kind, may in no case exceed the sums paid by the Customer for the order of the concerned good. The responsibility of EDJI Gallery SRL. can in no way be engaged for any consequential, intangible, special, indirect damage, or for any loss of profits or income.
Article 9. Force majeure
9.1 The responsibility of EDJI Gallery SRL. can not be engaged in the event of default or delay in execution due to a Case of Force Majeure.
9.2 “Force majeure” means and includes any circumstance beyond the reasonable control of EDJI Gallery SRL., as a result of which the latter cannot be reasonably held to perform its obligations. Such circumstances or occurrences include, but are not limited to, wars, insurgencies, strikes, fires, floods, earthquakes, labor disputes, epidemics or pandemics and their mutations, embargoes, restrictions or government regulations, in law or in fact, among others the failure to obtain an export or import permit, shortcomings or delays of EDJI Gallery SRL. subcontractors, and / or inability or inability to provide transport.
9.3 The period of performance is extended by the period reasonably necessary to overcome the consequences of the delay in performance arising from the Case of Force Majeure. If a Force Majeure Event continues beyond 4 months, each Party is entitled to cancel the order immediately by written notification, without incurring any liability.
Article 10. Confidentiality
All technical, commercial and financial data to which the Parties have access in the context of the execution of the order are of a confidential nature. The recipient may not disclose confidential information to a third party or use it for any other purpose than those specified in the order, as agreed by the Parties. This clause remains applicable even after the termination of the order.