Terms and conditions

COMPANY DETAILS
Artifact gift store, an e-commerce website owned and exploited by Ranxis BV
Drongensesteenweg 104, 9000 Ghent, Belgium
info@artifactgiftstore.com
VAT number: BE 0687.533.030

ARTICLE 1: GENERAL PROVISIONS

The e-commerce website of Ranxis, a B.V. with registered office at Drongensesteenweg 104, 9000 Ghent, Belgium VAT: BE0687.533.030 (hereinafter ‘Artifact’) offers its customers the possibility to purchase the products from its webshop online.

These general terms and conditions (“Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order through Artifact’s online store, the Client must expressly accept these Terms, thereby agreeing to the applicability of these Terms to the exclusion of all other terms and conditions. Additional conditions of the Client are excluded, unless they have been previously accepted by Artifact in writing and expressly.

Artifact may at any time amend the Conditions.

ARTICLE 2: PRICE

All prices are expressed in EURO and are always inclusive of VAT. They are valid while they are online and while stocks last. Artifact reserves the right to modify the prices in the event of technical or other errors or in the event of market price fluctuations of raw materials or as they see fit.

If delivery, reservation or administrative costs are charged, these will be indicated separately.

The price stated refers exclusively to the articles as described word for word. The accompanying photos are intended for decoration and may contain elements that are not included in the price. Purchased artifacts (spinosaurus tooth, mosasaurus tooth, eggshell, meteorite) will differ from, but will look similar as the depicted photo.

The price excludes possible fees, eg. customs fees, to be paid by the Client.

ARTICLE 3: OFFER

Despite the fact that the online catalog and the e-commerce website are composed with the utmost care, it is still possible that the information is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer are not binding on Artifact. Artifact is only bound to a best efforts obligation with regard to the correctness and completeness of the information offered. Artifact is not liable in any case of obvious material errors, typographical errors or printing errors.

If the client has specific questions, e.g. about sizes, color, availability, delivery period or delivery method, we ask the client to contact our customer service department in advance via info@artifactconcpeptstore.com

The offer is always valid while stocks last and can be adapted or withdrawn by Artifact at any time. Artifact cannot be held liable for the unavailability of a product. If an offer has a limited duration or is made subject to conditions, this will be expressly stated in the offer.

ARTICLE 4: ONLINE PURCHASES

The ordering procedure consists of the following steps:

– You can select individual products and collect them in an electronic shopping cart by clicking on the “Add to cart” button. From the shopping cart you proceed to checkout by clicking on the “Checkout” button.

– Then you need to leave the necessary information for shipping and the automatic creation of your account.

– Then you choose the desired method of delivery.

– Finally, you choose the desired payment method, enter the payment information and you will be asked to accept the Terms and Conditions. By clicking on the button “place order” you will then be redirected to the module of our payment provider (see point X). Until you have clicked this button, you can change the order and the details of your order at any time. An order that is binding on you will only be concluded when you have entered all the data required to conclude the contract, when you have confirmed that you are aware of and accept these terms and conditions, when you have clicked on the “place order” button and when the payment via our payment provider’s module has been completed successfully. The latter will be the case when you are returned to our website by the payment provider. At the end of this procedure, you can print and/or save your order; an overview of your order can always be found under your personal account in “My account”. After you have placed your order, you will receive an automatically generated confirmation of receipt of your order by e-mail. This confirmation only documents the fact that your order has reached us; it is not an acceptance of the order and does not constitute a purchase agreement. The order is accepted by us by delivering the products.

The order will be delivered upon receipt of your payment.

Artifact has the right to refuse orders among others:

– in the event of stock exhaustion or the unavailability of a product ;

– in the event of an invalid presentation of products in the webshop;

– Serious suspicion of abuse of rights or bad faith on the part of the Customer;

– in the event of force majeure; when it can be assumed that the Customer intends to resell the items itself.

Availability of products: if, during the processing of your order, we determine that one or more of the products you ordered are not available, we will unfortunately be unable to complete your order. We reserve the right, in such a case, to choose to partially fulfill the order or to refuse it altogether. You will be promptly notified in this regard by email. An agreement for delivery of the unavailable products can be established through backorder, refunds are guaranteed (see point X).

Method of payment :

The Customer has the choice between the following payment methods :

– by credit card

– by debit card

– by Paypall

– other electronic payment methods : cfr. webshop

Artifact is entitled to refuse an order following a serious fault on the part of the Customer with regard to orders involving the Customer.

ARTICLE 5: DELIVERY AND EXECUTION OF THE AGREEMENT (SEE ALSO ARTICLE 4)

Articles ordered through this web store are only delivered in the designated countries that can be found in the drop down selection menu in the checkout page.

Delivery is done by the desired carrier listed on the checkout page according to the selected country.

We commit ourselves to ship goods within one week after purchase. Every good is produced by hand and on demand, hence the inability to ship directly after purchase. Artifact is not responsible for possible later delivery due to external factors such as transport issues, force majeure, etc. In any event, any delay can never give rise to compensation for the Customer.

Any visible damage and/or qualitative defect of an article or any other shortcoming in the delivery, must be immediately reported by the Client to Artifact.

The risk of loss or damage shall pass to the Client as soon as he (or a third party appointed by him, who is not the carrier) has taken physical possession of the goods. However, the risk shall already pass to the Client upon delivery to the carrier, if the carrier has been instructed by the Client to transport the goods and this choice was not offered by Artifact.

Incorrect addresses are the responsibility of the client (e.g. wrong address, PO Box address, incorrect name, etc.). As are the refusal of a package and the negligence in retrieving the package from a pick-up point.  All additional costs resulting from this shall be borne by the client.

ARTICLE 6: RETENTION OF TITLE

The delivered articles will remain the exclusive property of Artifact until the moment of full payment by the Client.

The client undertakes, if necessary, to draw the attention of third parties to the retention of title of Artifact, for example to anyone who might come to seize the articles which have not yet been paid for in full.

ARTICLE 7: RIGHT OF WITHDRAWAL

The provisions of this article apply only to Clients who, in their capacity as consumers, purchase articles online from Artifact.

The Client has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.

The withdrawal period will expire 14 calendar days after the day on which the Client or a third party designated by the Client, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Customer must inform :

Artifactgiftstore, an e-commerce website owned and exploited by Ranxis BV
Drongensesteenweg 104, 9000 Ghent, Belgium
info@artifactgiftstore.com

of his decision to withdraw from the contract by means of an unequivocal statement (e.g. written letter sent by post or e-mail).

If the Customer makes use of this option, we will send the Customer an acknowledgement of receipt of his withdrawal on a durable data carrier (e.g. by e-mail).”

In order to comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return the goods without delay, and in any event no later than 14 calendar days after the day on which he communicated his decision to withdraw from the contract to Artifact, to :

Artifactgiftstore
Drongensesteenweg 104
9000 Ghent
Belgium

The Client is on time if he returns the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods shall be borne by the Customer.

If the returned product has depreciated in any way, Artifact reserves the right to hold the Client liable and to claim compensation for any depreciation in the value of the goods resulting from the Client’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 Client withdraws from the agreement, Artifact will refund to the Client all payments received from the Client up to that time, excluding the standard delivery costs, within a maximum of 14 calendar days after Artifact has been informed of the Client’s decision to withdraw. In the case of sales contracts, Artifact may wait to reimburse until it has received all the goods back, or until the Client has demonstrated that it has returned the goods, whichever comes first.

Artifact will refund the Client using the same means of payment with which the Client made the original transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not be charged for such refund.

ARTICLE 8: GUARANTEE

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 articles purchased online and delivered to the Client’s home, the Client should contact the Artifact Customer Service and return the article to Artifact at the Client’s expense. Return procedure : see article 7.

Upon detection of a defect, the Client must inform Artifact as soon as possible. In any event, any defect must be notified by the Client within a period of 1 month from its observation. After that, any right to repair or replacement lapses.

The warranty (commercial and/or legal) is never applicable to defects that occur as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the article, 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

The customer service of Artifact can be reached by e-mail at info@artifactgiftstore or by post at the following address: Artifactgiftstore, Drongensesteenweg 104, 9000 Ghent, Belgium. Any complaints may be addressed to this address. Artifact will inform the Client as soon as possible of the receipt and the final result of the complaint.

ARTICLE 10: PENALTIES FOR NON-PAYMENT

Without prejudice to the exercise of any other rights which Artifact may have, in the event of non-payment or late payment, the Client shall be liable, ipso jure and without warning, to an interest of 10% per year on the unpaid amount from the date of the default. Furthermore, the Client shall be liable, automatically and without warning, to pay a fixed compensation of 10% of the amount in question, with a minimum of 25 Euros per invoice.

Without prejudice to the foregoing, Artifact reserves the right to take back articles which have not been paid for (in full).

ARTICLE 11: PRIVACY

The controller, Artifact, respects the Belgian law of December 8, 1992 relating to the protection of private life 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, the processing of the order, sending newsletters, advertising and/or marketing purposes, statistics.

You have a legal right to inspect and possibly correct your personal data. Provided that you provide proof of identity (copy of your identity card), you can obtain a written, dated and signed request to info@artifactgiftstore or to Artifactgiftstore, Drongensesteenweg 104, 9000 Ghent, Belgium, free of charge, for the written communication of your personal data. If necessary, you can also ask to correct the data that are incorrect, incomplete or irrelevant.

In the event of data being used for direct marketing: you can object, free of charge, to your data being used for direct marketing. To this end, you can always contact info@artifactgiftstore or Artifactgiftstore, Drongensesteenweg 104, 9000 Ghent, Belgium.

We treat your data as confidential information and will not pass them on, rent or sell them to third parties. It is possible that the personal data obtained will be passed on to companies collaborating with us, such as logistics service providers.

The customer is responsible for keeping his login data confidential and for the use of his password. Your password is stored in encrypted form, Artifact therefore has no access to it.

Artifact keeps online (anonymous) visitor statistics in order to be able to see which pages of the internet site are visited and to what extent.

If you have any questions about this privacy statement, you can contact us at info@artifactgiftstore or by post.

More info under : “Privacy conditions webshop Artifactgiftstore.”

ARTICLE 12: USE OF COOKIES

During a visit to the site ‘cookies’ can be placed on the hard disk of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer 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 the settings of your browser (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: INVALIDITY – NON-WAIVERS

If any provision of these Terms and Conditions is declared invalid, unlawful or void, this shall not in any way affect the validity, legality and applicability of the other provisions.

The failure at any time by Artifact to enforce any of the rights enumerated in these Conditions, or to exercise any of them, shall never be considered a waiver of such provision and shall never affect the validity of these rights.

ARTICLE 14: AMENDMENT OF TERMS AND CONDITIONS

These conditions are supplemented by other conditions which are explicitly referred to, and by the general sales conditions of Artifact. In case of contradiction, the present conditions shall prevail.

ARTICLE 15: PROOF

The Client accepts that electronic communications and back-ups can serve as proof.

ARTICLE 16: LIABILITY

The information on the website is of a general nature. The information is not adapted to personal or specific circumstances, and therefore cannot be considered as personal, professional advice to the user.

Artifact makes a great effort to ensure that the information made available is complete, correct, precise and up to date. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains errors or if certain information on or via the site is unavailable, Artifact will make the greatest effort to rectify this as soon as possible.

However, Artifact cannot be held liable for direct or indirect damages resulting from the use of the information on this site. If you should find any inaccuracies in the information made available through the site, you may contact the site administrator (see contact details below).

Size and length information on products remains an approximation. Nor can we guarantee that each screen will reproduce a color exactly, or that the color will not deviate slightly upon receipt of the product.

Artifact is not liable for any loss or damage of any kind suffered by the Customer or any third party from the use of the products. The content of the site (including links) may be adapted, modified or completed at any time without notice or notification.

Artifact does not guarantee the good operation of the site and cannot be held liable in any way for the poor operation or temporary (un)availability of the website or for any form of damage, direct or indirect, which may result from the access to or use of the website.

In no event will Artifact be liable to any party, directly or indirectly, specifically or otherwise, for damages resulting from the use of this site or any other, including, without limitation, any loss, business interruption, damage to programs or other data on the computer system, to hardware, software or other of the user. The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. The placing of links to these websites or pages in no way implies an implicit approval of their content.

Artifact expressly declares that it has no control over the content or other characteristics of these websites and cannot, under any circumstances, be held liable for their content or characteristics or for any other form of damage resulting from their use.

Artifact shall not be liable for any damage that it may cause as a result of its fault or negligence except in the case of willful intent or gross negligence, including that of its employees. Any damages of any nature that could not be foreseen at the time of the conclusion of the agreement are excluded from compensation.

The liability of Artifact is always limited to the direct damage suffered personally and shall never exceed the purchase price of the product in question.

ARTICLE 17: COPYRIGHT AND INTELLECTUAL PROPERTY

We have developed the Webshop for the personal and non-commercial purposes of the Customer.

The entire content of the Artifact (including the product design, the product anatomy, the product way of manufacturing, the layout and design of the website, texts, graphics, photographs, images, moving images, sounds, illustrations and software etc.) is the property of Artifact or related companies, licensees and/or content providers.

All associated rights, and in particular all intellectual property rights, are managed by Artifact. The Client may only download the content and make one copy thereof for purely personal, non-commercial use, provided that the content of the material, to which the intellectual property rights apply, remains in its original state. The copying or storage of any content outside of personal, non-commercial use is not permitted.

All trademarks, trade names, logos and products used in the Webshop are protected and may not be used without the prior written permission of Artifact, its partners or the rightful owners of these rights. All signs, illustrations, images or emblems appearing on our products, accessories or packaging are and remain the exclusive property of Artifact. Their reproduction, in whole or in part, for any reason or by any means, is strictly prohibited. The use of any combination with any other sign, symbol, emblem or other distinctive sign is also prohibited.

ARTICLE 18: APPLICABLE LAW – COMPETENT COURT

Belgian law shall apply, with the exception of the provisions of private international law relating to applicable law and the Rome I Regulation on international sales contracts for movable goods.