These terms and conditions (the "Terms and Conditions") apply to the sale of a Painting, Canvas or Paper Work (the "Artwork") by Mieke Fleurackers (the "Artist") to you.
1) The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
2) The Buyer selects the Artwork he wishes to purchase.
3) He confirms his choice of Product and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses his payment method: credit card or bank transfer to the Artist's account. If he chooses to pay by credit card, he immediately proceeds to payment. If he chooses to pay by bank transfer, he processes the transaction as soon as possible so that payment is actually received in Mieke Fleurackers's bank account within 5 business days. In the case of a price offer, the buyer will be unable to pay via bank transfer.
4) The Buyer receives an email confirmation that states that the order or the offer has been accepted. However, the sale contract between the Buyer and the Vendor shall be subject to the condition that the Product is available, the offer is accepted, and the transfer has been received if the Buyer has chosen this method of payment.
5) The Vendor is informed by Mieke Fleurackers by email, each time an Artwork he posted was subject of an order.
6) The Seller will confirm and/or deny the availability, or the price offer of the Product(s) ordered by the Buyer within 5 days of the information received, as referenced in point 5). The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 5 days of receipt of the information referred to in paragraph 5).In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
7) Once the availability of the Product(s) has been confirmed or invalidated and/or the price offer accepted or refused by the Seller, an email is sent by Mieke Fleurackers to the Buyer to inform him of the availability and whether or not the price offer for the ordered Product(s) has been accepted.
8) Once the availability of the Product(s) and/or acceptance of the offer is confirmed or denied by the Vendor, an email is sent by Mieke Fleurackers to the Buyer to inform him.
9) In the event of confirmation of availability of the Product(s) by the Vendor, the condition subsequent tied to the sales contract between the Buyer and the Vendor is lifted; the Vendor agrees to deliver the Products or make them available at the point of sale within the period specified once Mieke Fleurackers confirms receipt of payment.
In the absence of confirmation of availability of the Product(s) within the period referred to in point 6), or non-receipt of payment by Mieke Fleurackers within 5 business days from the date of order, the contract between the Buyer and the Vendor is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged.
However, only the contract for the sale of unavailable Products falls within this resolution.
10) In the event of confirmation of the availability of all or some of the Products ordered by the Buyer and confirmation of receipt of payment by Mieke Fleurackers if the Buyer chose this method of payment, the Products are shipped by the Vendor or picked up by the Buyer in the manner laid down in Article 4.
The purchase price of the Product is determined by the Artist. It is stated in euros, including taxes on the description, incl. tax, but excluding shipping costs. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible to check with the relevant authorities.
The Buyer will pay the delivery charges himself once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled. In the event that availability is confirmed by the Vendor, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.
Payment for purchases made through the website may also be made by bank transfer into Mieke Fleurackers's account. The transfer must be made within 5 business days from the date of order.
Mieke Fleurackers has chosen powerful and strict tools in terms of securing payment methods. Mieke Fleurackers has adopted as a payment method the Plug&Pay System in addition with Mollie, a leader in online payments, using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
Mieke Fleurackers has, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer's bank details will be requested for each new order. In fact, only Mollie has the confidential information which remains inaccessible to third parties.
Although Mieke Fleurackers uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. Mieke Fleurackers cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4.1 The Buyer will receive an email notice from Mieke Fleurackers when the purchase is successful. An Invoice will be automatically made and sent by email with the with the data entered by the Buyer. The Buyer has 15 days from receipt of the aforementioned email to collect the Artwork at the address specified by the Vendor.
The Vendor, provided only that Mieke Fleurackers has confirmed receipt of the full payment, will deliver the Artwork, and certificate of authenticity to the Buyer after verifying the identity of the latter. Pick up your art and certificate of authenticity at Bovendonkstraat 33, 9200 Buggenhout - Belgium on appointment.
Make an appointment by contacting Mieke by mail: info@miekefleurackers.com
4.2. Shipping from the Vendor to the Buyer's home
The Buyer has the option to have the Artwork delivered to his home.
Shipping is only possible at your own risk, after payment of shipping fees (separately)
For shipping your artwork and shipping costs, please contact Mieke personally: info@miekefleurackers.com
Depending the Buyer's delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from outside of his territory, he may need to pay import duties upon receipt of the products. We don’t have have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
The Vendor agrees to make the Artwork ordered available to the carrier in the time indicated on the Artwork's form from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified.
Products are delivered to the address specified by the Buyer when placing his order and should be delivered, after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he gives to Mieke Fleurackers for this purpose is and shall remain correct and that they will enable him to receive the Product that he bought on the Site.
The Vendor agrees to provide Mieke Fleurackers, who will then forward to the Buyer, the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier's website, provided that the carrier offers a package tracking service.
In that case Products are transported at the Vendor's risk.
Upon receiving the ordered Product(s), the Buyer has 14 days to exercise his right of withdrawal, without having to justify reasons or pay a penalty from said Seller.
In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.
For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is also applicable.
The Buyer exercises his/her right of withdrawal directly from Mieke Fleurackers by sending an email to: info@miekefleurackers.com. Mieke Fleurackers will then notify the Seller via email. Mieke Fleurackers will manage the return of the work and will bear the cost of returns. Please note that if customs duties were paid by the buyer upon receipt, they will not be refunded. If the Buyer returns the work him/herself, before waiting for Mieke Fleurackers's instructions regarding the management of the return, he/she will not be able to claim reimbursement of delivery costs. The Buyer will therefore, have full responsibility of the shipment costs and any potential damage to the work upon its arrival.
The refunds of Mieke Fleurackers to the Buyer are made once the Seller has notified Mieke Fleurackers of the good reception of the work.
The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
Vendor undertakes to deliver a quality service to Buyers.
In this regard, any Buyer has the ability to report, by emailing Mieke Fleurackers at the address info@miekefleurackers.com, within 21 days from the receipt of any Artwork, any claim concerning the Artworks ordered, following the hereafter criteria:
- Product not received: the Product has not been received by the Buyer
- Non-compliant Product: the received Product does not correspond to the ordered Product
- Damaged Product: the received Product is damaged or broken.
In the case of a complaint from a Buyer regarding an Artwork, once the Vendor is informed of the said claim by email to Mieke Fleurackers, the Vendor will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. Vendor will make all the efforts necessary to resolve the dispute with the Buyer amicably.
Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by Mieke Fleurackers or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork by the Buyer, the Seller will be responsible for organizing the return of the Work and for taking all the costs to be borne by it.
In this case the price of the Product(s) purchased and the shipping costs paid by the Buyer when placing his order will be reimbursed by Mieke Fleurackers once the Seller has notified Mieke Fleurackers of the receipt of the Artwork.
As a complement to Article 6 of the Buyer Terms and Article 8 of the Vendor Terms, the Buyer and Vendor are advised that all data collected through the Service when placing orders is processed by Mieke Fleurackers for processing purposes of the orders. The Buyer's information and data relating to the delivery are transmitted by Mieke Fleurackers to the Vendors for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes. The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders. In case of difficulty regarding the processing of those data, the Buyer and the Vendor may contact Mieke Fleurackers directly, under the conditions set in the Buyer Terms or in the Vendor Terms.
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
These terms of use are subject to Belgian law. Any dispute concerning their interpretation and/or execution shall be relieved by the Belgian courts.