MAISON JONCKERS

TERMS OF SALE

1. Scope of application  These general conditions of sale are applicable to all orders placed by the buyer with J.A.A.G. Plasticiens SPRL - MAISON JONCKERS and all sales, including any ancillary service. These general conditions of sale exclude, in the absence of written acceptance by J.A.A.G. Plasticiens SPRL - MAISON JONCKERS, all general and specific conditions of purchase of the purchaser. No deviation from these general conditions of sale will be accepted without written confirmation from J.A.A.G. Plasticiens SPRL - MAISON JONCKERS. All orders and sales are subject to express acceptance by the buyer of the following general conditions of sale which are known by the buyer. 

2. On the goods ordered and their technical characteristics The commissioned creations are unique works, between art and design, with characteristic aesthetic aspects, which are the result of artisanal processes in which aesthetics is prioritized. The buyer declares to know and accept the various technical characteristics of the creations ordered, as indicated in the offer such as the dimensions, the different materials used in their realization as well as the artistic and artisanal character of their realization. 

3. The order The offers of “J.A.A.G. Plasticiens SPRL - MAISON JONCKERS “are made without commitment. Orders are only accepted after having been confirmed in writing and signed, within a maximum period of 30 days after the date of issue. Once this period has passed, a new order form must be issued. Any order signed by the customer binds these customers in a definitive and irrevocable manner. The person who signs the order on behalf of a company is deemed to be authorized to do so. It is always united and indivisible of the payment of the invoice linked to the order.

4. Transfer of the purchase contract The order may be transferred to third parties, under the express condition that the initial purchaser remains responsible for the proper execution of this purchase contract.

5. Subcontracting  The seller may subcontract all or part of the execution of the sale to a third party without the prior written consent of the buyer.

6. Guarantee from the creative artists to the buyer and certificate of authenticity. J.A.A.G. Plasticiens SPRL - MAISON JONCKERS (validly represented by Alexandra Jonckers, Grégoire Jonckers and Armand Jonckers, all three author-creators) certifies that the creation ordered or sold is an original WORK and / or an original artistic installation. If applicable, J.A.A.G. Plasticiens SPRL - MAISON JONCKERS certifies that the creation ordered or sold is a limited edition of (x) copies in total plus (x) Artist proofs as stipulated in the offer and the order form. J.A.A.G. Plasticiens SPRL - MAISON JONCKERS certifies that it is the sole and exclusive holder of the copyright to the creation ordered or sold. Upon receipt of the total purchase price of the creation ordered or sold J.A.A.G. Plasticiens SPRL - MAISON JONCKERS undertakes to provide a certificate of authenticity to the buyer showing the name of the work, its technical characteristics, its date of creation, the location of the signature on the work, its numbering (if applicable) and a photo.

7. Assignment of copyright of the WORK. In return for the sale of the commissioned creation as an original and unique work and / or artistic installation, J.A.A.G. Plasticiens SPRL - MAISON JONCKERS, hereinafter referred to as the CREATOR (validly represented by Alexandra Jonckers, Grégoire Jonckers and Armand Jonckers, all three creative authors), assigns to the PURCHASER, exclusively, the exploitation rights of the WORK, according to the conditions set out below: The assigned exploitation rights include the representation rights of the WORK. These representation rights include the right to exhibit the WORK to all persons and in all settings (private or public). The rights of exploitation transferred do not include the rights of full or partial reproduction of the WORK, nor the rights of full or partial adaptation of the WORK. However, the buyer is authorized to reproduce the WORK by film and / or photographic means for all uses for communications and insurance purposes only. In accordance with the moral rights of the CREATOR, the PURCHASER undertakes to respect and preserve the WORK, the latter being therefore responsible for its upkeep and maintenance.

8. Resale right. A resale right may be owed to the CREATOR in accordance with the European Resale Rights Directive. If this is the case, the PURCHASER agrees to notify the CREATOR or his beneficiaries in writing of the sale or transfer of the WORK to a third party within 30 days. The notice will mention the name of the third party, their address and their telephone number. The BUYER will inform the third party that the CREATOR has reserved its copyright as mentioned above.

9. Production times Since the creations ordered are unique pieces made to measure, a specific period of (x) weeks, as stipulated in the offer and the order form, is necessary for their production, except in cases of force majeure. These production times are indicative and start from the date of receipt of the 50% deposit. A late payment on the part of the buyer prolongs the production time of the same number of days, in accordance with article 3. Any delay in services may in no case give rise to a cancellation of the order, damages or any other costs. J.A.A.G. Plasticiens SPRL - MAISON JONCKERS undertakes to inform the buyer of any delay in the production date and therefore in the delivery date as indicated in the order form.

10. Status report and removal conditions for transport The goods are prepared to be received and packaged by the transport company with the establishment of a condition report describing the condition of the goods to be shipped. The goods will only be transported after receipt of the total purchase price, taking into account any modification agreed upon afterwards, when confirming the order. Only a written agreement can modify these payment terms.

11. Packaging, transport and customs The buyer is responsible for the particular packaging suitable for transport, for transport with or without insurance and for customs clearance of the goods ordered, and if necessary also for the packaging for collective transport. In all cases, the organization of import formalities for works of art and the payment of customs duties and taxes in the country of destination are the responsibility of the customer and must always be carried out by and on behalf of the buyer. If the buyer charges J.A.A.G. Plasticiens SPRL to intervene in the organization of packaging and transport, this will be the subject of a separate offer. The buyer must pay these charges in advance and, if applicable, pay them directly to the carrier or transport agent. However, the risk of the ordered goods is passed on to the buyer when the goods leave the workshop upon receipt by the carrier.

12. Delivery times Delivery times, as stipulated in the offer and the order form, are indicative and are independent of J.A.A.G. Plasticiens SPRL - MAISON JONCKERS. These times start from the date of receipt of full payment for the purchase and the date of receipt of the order by the carrier. A late payment on the part of the buyer extends the delivery period by the same number of days, in accordance with article 3. Any delay in the services of the carrier or the transport agent may in no case give rise to the cancellation of the order, damages or any other costs. J.A.A.G. Plasticiens SPRL - MAISON JONCKERS undertakes to inform the buyer of any delay in the delivery date as indicated in the order form.

13. Force majeure  J.A.A.G. Plasticiens SPRL - MAISON JONCKERS is released from any liability in the event of non-performance due to a case of force majeure, such as, in particular, any interruptions in production, transport or delivery, strikes, lockouts, embargoes, wars, attacks. terrorists or consequences of attacks, insufficient raw materials, epidemics, bad weather and more generally, any event of a similar nature affecting the parties and / or their suppliers and delaying or making impossible the performance of their respective obligations. The party invoking such an event will notify the other party as soon as possible of proof of its occurrence. The performance of its obligations will be suspended until notification of the end of the event, it being understood that neither party can claim any compensation from the other party.

14. Storage and display conditions Like any work of art, the creations of J.A.A.G. Plasticiens SPRL - MAISON JONCKERS are particularly sensitive to frost or to too high temperatures and in general to too great temperature changes. Likewise storage, warehousing and display should be done in a heated or at least temperate indoor space, protected from water and frost. J.A.A.G. Plasticiens SPRL - MAISON JONCKERS cannot be held responsible for damage resulting from non-compliance with these storage and exposure recommendations.

15. Maintenance  The creations of J.A.A.G. Plasticiens SPRL - MAISON JONCKERS being unique, each requires special care for their maintenance. These maintenance recommendations are the subject of an explanatory sheet dedicated to this purpose and provided to the purchaser upon delivery. J.A.A.G. Plasticiens SPRL - MAISON JONCKERS cannot be held responsible for any damage caused by failure to comply with these maintenance recommendations.

16. Legal guarantee of the conformity of the goods The buyer must check the conformity at the time of delivery of the goods in order to formulate, if necessary, a reservation of conformity. The buyer must immediately inform J.A.A.G. Plasticiens SPRL when he notices a defect. 14 days after delivery, the goods are deemed to have been delivered in accordance with the order. The goods benefit from a guarantee for hidden defects which manifest themselves within two years of delivery. This warranty expires if modifications have been made to the original model or if the maintenance recommendations and the special precautions mentioned in the explanatory sheet dedicated have not been observed.

17. Right of withdrawal    The buyer does not have a right of withdrawal. The purchase is final under Article 3 and 6, due to the nature of the goods ordered, which are made to the buyer's specifications and are therefore only intended for him.

18. Invoicing - VAT exemption (export and intra-community deliveries) Invoicing intra-Community deliveries to a VAT-liable person from another EU member state or exporting from the EU in general can only be exempt from VAT for buyers established abroad and if the goods are collected by a carrier or an approved transport agent who provides the necessary documents guaranteeing that the goods purchased leave Belgian territory or the European Community respectively. In the event of intra-community delivery, the validity of the VAT number provided will be verified in the name of the invoiced purchaser. If the goods are delivered in Belgium to the buyer himself or to his agent, the VAT paid on exportation from the EU can only be recovered on presentation of a customs certificate proving that the goods have actually left the EU. For intra-community deliveries, this is done by proof of transport and payment for the goods sold on a bank account in the name of the buyer in the country of destination.

19. Payments Advances and invoices are payable in Euro at the registered office of J.A.A.G. Plasticiens SPRL - MAISON JONCKERS in accordance with the conditions indicated in the offer, unless otherwise agreed in writing. In the event of non-payment, a lump sum indemnity of 10% will be due after formal notice, increased by interest of 8% per year and, where applicable, all legal costs. Without prejudice - where applicable - to European legislation relating to late payments in commercial transactions and the use of the European payment order.

20. Retention of title  The buyer acknowledges that the goods remain the property of J.A.A.G. Plasticiens SPRL - MAISON JONCKERS until full payment of the invoice, including late payment interest and any compensation in the event of non-payment by the due date.

21. Invalidity of a clause  Any invalidity of a clause of these terms of sales does not modify the validity of the other provisions.

22. Applicable law and dispute mediation. In the event of a dispute, the parties declare that they undertake to favor mediation before bringing the dispute to the competent courts. Only Belgian law is applicable to these Terms of Sales, even in the event of a warranty claim and the dispute which cannot be resolved amicably is subject to the exclusive jurisdiction of the courts of Brussels - Belgium, the only courts competent for the head office of J.A.A.G. Plasticiens SPRL.

J.A.A.G. PLASTICIENS SPRL - MAISON JONCKERS | 15, Fabrieksstraat - 1930 Zaventem - Belgium | VAT No : BE0635 876 867 |  EORI No : BE0635 876 867