Article 1: application and enforceability of the varia Gallery's terms and conditions of sale
These terms and conditions are applicable to any order. Therefore, ordering implies full and unqualified customer adherence to these conditions. No special conditions can prevail over them, except formal and written acceptance on our part. Any contrary clause put forward by the customer will therefore be unenposable to us, in the absence of express acceptance, regardless of when it has been brought to our attention.
Article 2: Delivery
No delivery will be possible without a prior agreement with the Varia Gallery. All items sold will be taken by the buyer to our store within 15 days of payment. Any delays will be subject to additional storage costs.
Article 3: Fortuitous cases of force majeure
The Varia Gallery is liberated for all fortuitous cases of force majeure: floods, fires, etc. are considered fortuitous cases.
The varia Gallery's liability will be limited to the full reimbursement of the sums collected, and will not give the client the right to claim damages and/or interest.
Article 4: property reserve clause
The Varia Gallery remains the owner of the goods until the full payment of the price. Transfers are only considered as a means of payment as they have been collected.
The buyer is the custodian of the goods sold subject to ownership: he is responsible, as soon as he takes possession, for the risks in the event of loss, theft or destruction of the goods, which he has an obligation to insure at his own expense.
The Varia Gallery reserves the right to seek any damages from the purchaser as a result of the breach of its undertakings.
Article 5: Payment terms
The goods are payable by transfer to order. Cash payment is also possible, within legal limits, when the goods are taken into possession.
Our products are not tradable. Apart from cases of force majeure taken up in Article 3, the products ordered are non-refundable.
Article 6: Applicable law and attribution of jurisdiction
The sales contract is subject to Belgian law.
Subject to the client's status as a merchant, any dispute relating to the interpretation or performance of these terms and conditions will be within the jurisdiction of the Namur Commercial Court.