Tribal Art, online sale of tribal art, primitive art and primitive art

1- Fields of application

The " Site " or " us " : The company Essentiel Galerie SRL
Essentiel Galerie SRL
73A, rue de Tournai
7333 TERTRE
Belgium
Registered with the VAT: BE 0843 646 513
Tel : +32 65.529.100
[email protected]
operating the site " African Arts Gallery ".
The "customer" or "you": The individual or company that placed an order via the site.
The customer recognizes to have taken knowledge of the general conditions as of the signature of the conditions of sale available on line, or as of the signature of a manual purchase order which expressly refers to it.
In other words, our general conditions are fully opposable to each customer as soon as he visits the site or places an order.
The terms and conditions of sale below are applicable to all customer orders and prevail over any other text from the moment the customer becomes aware of them.
They can be modified at any time and are applicable to all orders placed after their modification.
The present general conditions are also available in various languages on our website. If there is a contradiction between the different translations of the general conditions, the meaning given to the general conditions in French prevails over any other translation.

2- Item descriptions and information

The customer undertakes to examine the articles carefully before ordering and, if necessary, to have them examined by the expert of his choice.
The information on the website, the order form, the invoice and any other document related to the sale are purely informative in such a way that the customer acknowledges that they have not influenced his decision to acquire the items or their price.
In other words, the descriptions and information about the items on our website do not have the value of an expertise. The provenance, history and authenticity of the items are based on information provided by the persons from whom we acquired the items without further verification by us.
The customer is free to consult other sources of information before any purchase.
The customer acknowledges that the description, the information on the website or on the contractual documents or the non-conformity of the item to its historical use cannot constitute an apparent or hidden defect.
Under these circumstances, no dispute relating to the accuracy of the description of the article can be taken into account. This is particularly true if the description is based on scientific or other procedures or opinions that could not be easily implemented or available at the time of the order.
The descriptions and information contained on the website can be changed and updated at any time.
Therefore, we cannot be held responsible for the accuracy, completeness or timeliness of the descriptions and information provided on the site.
All items offered for sale have a decorative function in such a way that we cannot be held liable for any damage resulting from any other use given by the customer to the item.

3- Products and services

Sale of items
Some items may be available exclusively on our site.
The quantity of items is limited, therefore we reserve the right to refuse or limit certain orders. In the same vein, returns and/or exchanges of one or more items are limited to items available in stock.
In this regard, we reserve the right to update, modify and correct information and/or omissions regarding product availability, promotions, or other information available on the site.
Item Estimates
These estimates constitute an opinion as to the value of the items submitted to us. This opinion has the value of simple information, is not binding and is not intended to be relied upon by third parties.
Any opinion depends on the information brought to our knowledge and on the scientific or other procedures and opinions implemented or available to us, which we can reasonably and easily dispose of.
In other words, we cannot be held responsible for any difference of opinion regarding the estimates made.

4- Prices

The prices displayed on the site include all taxes (Belgian VAT of 21%, recuperation tax,...)
Nevertheless, these prices do not include the shipping costs - which remain at the charge of the customer - insofar as these shipping costs cannot be fixed in advance. The shipping costs are calculated according to the country of destination and the total weight of the parcel with regard to the tariffs imposed by the carrier designated by us. An estimate of the shipping costs can be requested in writing to the address mentioned in the first article. This estimate is also available on the article's sheet on the website.
The prices displayed on the website can be changed at any time without notice.
The prices are definitively fixed as soon as the order is finalized and cannot be modified later.

5- Payment

All invoices are payable in cash on the day they are due at our headquarters, unless otherwise specified.
In the event of non-payment within the prescribed period, we reserve the right to suspend or terminate the order.
Transaction fees for card payments are not refundable under any circumstances.

6- Delivery time and transport

Unless otherwise agreed, the customer acknowledges that shipping times are not an essential part of the contract and are therefore not part of the contract. Indeed, these depend on the carrier. They vary according to the country of destination:
- In Belgium, delivery by traditional postal transport varies between one and five days;
- In France, these delays vary between two and seven days;
- For other countries of destination, an estimate of the shipping time can be requested in writing to the address given in the first article.
The above estimates are purely indicative and apply subject to circumstances specific to the carrier and beyond our control. They only take effect after receipt of payment of the selling price plus shipping costs.
The customer agrees that a delay in delivery does not give the right to any compensation and cannot motivate the cancellation or the resolution of the sale.
Any request by the customer to be delivered on a specific date or at the latest must be made in writing and accepted by us. In this case, we undertake to take all necessary measures to ensure that this deadline is met. If the customer does not receive the goods within the specified period, he can cancel the sale by refusing the late delivery. The article will be immediately returned to us and the order will be fully refunded including the shipping costs. If the customer accepts the delivery of the article in spite of the delay, he waives any compensation resulting from the delay.
Unless otherwise agreed, we use the carrier of our choice.
In this case and in accordance with the Belgian legislation in force, the risks related to the delivery (loss or damage) remain at our charge until the transfer of risks.
The transfer of risks takes place as soon as the customer takes possession of the delivered goods. In case of damaged or suspicious package, the customer must make sure to write reservations about the condition of the package on the delivery slip.
In addition and in case of damage to the delivered good, the customer informs us within 24 hours of delivery by email to the address listed in Article 1.
In the absence of reservations written on the delivery note and complaint addressed within the time limit, the package is presumed to have been received in good condition.
In the event that the customer or a third party designated by him uses a carrier of his choice without this one having been proposed by us, the transfer of risks takes place at the time of the taking of possession of the goods by the carrier in execution of article 44 of Book VI of the Economic Law Code. We therefore decline all responsibility in case of damage to the package during its delivery.

7- Withdrawals

In accordance with the legal provisions governing distance contracts in Belgium, private customers (consumers in the sense of the Code of Economic Law) have a period of 14 days from receipt to return their items to the store for a refund or exchange. To exercise this right of withdrawal, the customer must notify his intention to withdraw in writing to the address mentioned in Article 1 within 14 days of receipt.
For this purpose, a standardized withdrawal form is available to customers on the website of the FPS Economy (https://economie.fgiv.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf). This form, completed and signed, can be returned to the address indicated in article 1 within the 14-day period starting from the day of delivery.
The item must be returned to the store within the same period. To do so, the article must not be damaged.
The costs and risks related to the return of the article are the exclusive responsibility of the customer.

8- Property reserve

The articles sold remain our property until full payment of the price plus shipping costs.
The customer can neither sell them, nor to proceed to their incorporation, nor to give them in pledge, nor to divest himself of them in some manner.

9- Discount coupons

The coupons of reduction published by laportedogon are, except contrary mention, only valid for purchases carried out on our site www.african-arts-galelry.com, and cannot in no case to be exchanged against money.
The coupons of reductions are not cumulable with other promotions, with the exception of the carriage costs offered.

10- Privacy /RGPD

The respect of your personal data is important to us. We process your personal data in a lawful, fair and transparent manner in accordance with the provisions of the European data protection regulations (RGPD/GDPR).
Except in the case where the law obliges us to do so, the personal data that you communicate to us will not be used for any other purpose than the processing of your orders and the sending of our newsletters if you have registered for them.
Under no circumstances will this data be transferred or shared with a third party without your prior consent, with the exception of our employees and subcontractors involved in the processing of your orders (such as the carrier).
Your data can be modified and/or corrected at any time on your profile or by contacting us.
The person in charge of the treatment of your data is Essentiel Galerie SRL whose head office is located in Belgium, at 7333 TERTRE, rue de Tournai, 73 A.

11- Disputes

Any dispute is subjected to the Belgian law and concerns the competence of the Courts and Tribunals of the District of Hainaut - Division Mons.  

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Essentiel Galerie SPRL
73A Rue de Tournai - 7333 Tertre - Belgique
+32 (0)65.529.100
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