Terms & Conditions

 

OVERVIEW

This website is managed by WILLEM VAN PUYENRBOECK & IAN HERMANS, located at Varenlaan 17, 2610 Wilrijk, Belgium, with VAT number BE 0713.971.963. Throughout the site, the terms "we", "us" and "our" refer to WILLEM VAN PUYENBROECK & IAN HERMANS, hereaftter “BORING EMPTY WALLS”. WILLEM VAN PUYENBROECK & IAN HERMANS provide this website, including all information, tools and services available from this site, to you, the user, also known as the "Customer", provided that you comply with all terms, conditions, policies and notices contained herein. stated, accepts. By visiting our site and / or purchasing anything, you participate in our "Services" and agree to the following terms ("Terms of Service", "Terms and Conditions", "Terms"), including the additional terms and policies referenced herein and / or available through a hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to users who qualify as browsers, vendors, customers, merchants and / or contributors. Please read these Terms and Conditions carefully before visiting or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, you may not visit the website or use our services. If these General Terms and Conditions are considered an offer, acceptance can only take place in the manner and modalities in accordance with these General Terms and Conditions. All new functions or tools that are added to the current webshop are also subject to the General Terms and Conditions. You can view the most current version of the General Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and / or changes on our website. It is your responsibility as a Customer to regularly check this page for changes. The continued use by the Customer or access to the website after posting any changes means that you accept those changes. The webshop is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - ONLINE STORE CONDITIONS

By agreeing to these Terms and Conditions, the Customer declares to have at least the age of majority in his country, state or province of residence or to have given permission to his minor dependents to use this site. The customer is prohibited from using the products for illegal or unauthorized purposes as well as for breaking any laws (including, but not limited to, copyright). The customer is forbidden to transmit viruses or any code of a destructive nature. A breach or violation of any of the terms and conditions will result in an immediate termination of the Services.

ARTICLE 2 - GENERAL CONDITIONS

BORING EMPTY WALLS reserves the right to refuse its Services to anyone at any time, regardless of the reason. The Customer understands that the content (excluding credit card information) can be transferred unencrypted and that there may be (a) transfers over different networks; and (b) changes to meet and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks. The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of this website without the express written permission of BORING EMPTY WALLS. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms and Conditions.

ARTICLE 3 - PRICE

All prices mentioned are always expressed in EURO, including VAT. Customs, taxes or other purchase-related costs are always borne by the Customer. Any shipping, reservation, or handling fees charged must be specified separately. Read the shipping policy for the latest terms and costs. A currency converter can be installed on the website and serves only as an indication and is in no way binding. The actual payment is always in EURO. BORING EMPTY WALLS cannot be held responsible for differences in currencies when using the currency converter. The indicated price only relates to the items as recorded and described in writing. The accompanying photos are for illustrative purposes and may contain elements that are not included in the price.

ARTICLE 4 - ACCURACY, COMPLETENESS AND UPDATE OF THE INFORMATION

BORING EMPTY WALLS is not responsible if the information made available on this site is not accurate, complete or current. The information on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the information displayed on this site is always at your own risk. This site may contain certain historical information. Historical information is necessarily not current and is only made available as a reference for the Customer. BORING EMPTY WALLS reserves the right to change its content at any time, but is in no way obliged to update the information stated on the site. The Customer expressly agrees that it is its own responsibility to monitor changes on the site.

ARTICLE 5 - CHANGES IN SERVICES AND PRICES

The prices of the products are subject to change without prior notice.

BORING EMPTY WALLS reserves the right to change or terminate the service (or any part or content thereof) at any time without prior notice. BORING EMPTY WALLS is not liable to the Customer or a third party for any change, price change, suspension or termination of the Services.

ARTICLE 6 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. These products or services may have a limited quantity and can only be exchanged or returned according to our return policy.

BORING EMPTY WALLS has made every effort to display as accurately as possible the colors and images of the products that appear in the online webshop. BORING EMPTY WALLS cannot guarantee that its color reproduction on the Customer's computer monitor is accurate. BORING EMPTY WALLS reserves the right, but is not obligated, to restrict the sale of its products or services in terms of person, geographic region or jurisdiction and may verify this on a case-by-case basis. BORING EMPTY WALLS also reserves the right to limit the quantities of the products or services it offers. All descriptions of products or product prices are subject to change at any time, without notice, at our discretion. BORING EMPTY WALLS reserves the right to terminate the sale of any product at any time. Any offer for a product or service made on this site is without purpose to the extent prohibited in Customer's country, state or jurisdiction. BORING EMPTY WALLS does not guarantee that the quality of products, services, information or other material purchased or obtained meets the expectations of the Customer, or that any errors in the Services will be corrected.

ARTICLE 7 - CONCLUSION OF AGREEMENT FOR ONLINE PURCHASES

STEP BY STEP overview of the purchase process

(1) In the webshop, the Customer chooses his desired products, whereby he can choose from different sizes and materials / carriers (eg fine art print, alu dibond and plexi). The Customer can add the product to the shopping cart. The 'add to cart' button does not make the purchase final yet.

(2) In a next step, the Customer enters his personal details. The postal address, name, surname, delivery address and country are required. The Customer is not obliged to create an account. At this stage of the process, the Customer can add and validate a discount code if applicable. He can also subscribe to the mailing list for further updates and marketing purposes.

(3) The Customer then goes to the options and any costs for the delivery via the 'forward' button. Please see the Shipping Policy for an overview of these delivery costs and options.

(4) After choosing the delivery, the customer clicks the 'continue to pay' button. Here the customer gets a definitive overview of the previous steps and the payment options. The customer can still make adjustments here. Placing the order is only possible after the Customer has accepted the Terms and Conditions, the shipping policy, the privacy policy and the refund policy.

(5) After the customer has made the choice of the payment method and clicked on the 'complete order' button, he goes to the payment portal of his choice. Until now no costs have been charged.

(6) The order can be paid in the relevant payment portal. The Customer can choose between the following payment options: Credit card (Mastercard, VISA, American Express) Debet Card/Apple Pay/PayPal

(7) BORING EMPTY WALLS will send the Customer an automatic order confirmation via e-mail after payment, in which the Customer's order is again stated. The agreement is concluded upon receipt of the order confirmation. If after receipt of the order confirmation it appears that certain products are no longer in stock, BORING EMPTY WALLS cannot be forced to buy the products elsewhere. In case of unavailable items, BORING EMPTY WALLS will immediately refund the amount paid by the customer. BORING EMPTY WALLS is entitled to refuse an order on the grounds of a serious shortcoming on the part of the Customer with regard to his orders.

ARTICLE 8 - SHIPPING POLICY

(1) Delivery Items

Items ordered through the web store are delivered in the European Union (EU). Delivery is made by bpost or DPD, depending on the country that the Customer specifies as the place of delivery. A local courier service can be engaged to deliver the delivery to the Customer The products are only made to order.

Production and delivery to the BORING EMPTY WALLS office normally takes 6 to 8 working days. After inspection by BORING EMPTY WALLS, the products are sent to the Customer within 2 working days. Depending on the location of the Customer, these are delivered 1 to 6 working days later. BORING EMPTY WALLS cannot be held liable for any delays at the supplier or the delivery person. The aforementioned delivery times are purely indicative and are in no way binding.

Some indicative examples of estimated, total and standard delivery times, from production to delivery to the customer: - The Netherlands, Belgium: between 8 and 11 working days - Poland, Italy and Great Britain: between 10 and 14 working days - Croatia, Hungary and Greece: between 12 and 16 working days The above list is purely indicative and cannot be considered binding. Unless otherwise agreed or expressly determined otherwise, the goods are delivered to the customer within 30 days of receipt of the order confirmation.

BORING EMPTY WALLS reserves the right, in its sole discretion, to update, change or replace this Shipping Policy in whole or in part by updates or posting changes on the website. It is the responsibility of the Customer to regularly check the website for changes. The continued use of or access to the website by the Customer after posting any changes to the Shipping Policy constitutes acceptance of such changes.

(2) Quality

Any visible damage to and / or qualitative defects of an article or other shortcomings in the delivery must be reported by the Customer to BORING EMPTY WALLS immediately within a period of 24 hours and this under penalty of forfeiture, unless the terms of the Consumer Sales Act of apply.

(3) Risk transfer and retention of title

The risk due to loss or damage passes to the customer when the goods are physically received by the customer (or a third party designated by the customer who is not the carrier). However, the risk also passes to the Customer when the carrier has received the order for the transport of the goods and this option has not been offered by BORING EMPTY WALLS. The articles remain the property of BORING EMPTY WALLS until full payment of the purchase price.

(4) Force majeure

In case of force majeure or comparable situations such as but not limited to: strike, lock-out, natural disasters, epi-pandimias, transport or operational obstacles that are not due to BORING EMPTY WALLS, for example as a result of fire, water or machine damage, government measures taken or other exceptional situations, the following regulation applies: BORING EMPTY WALLS will inform the Customer of this exceptional situation. The delivery of the articles is suspended for the duration of the exceptional situation. If this exceptional situation lasts longer than four weeks, the Customer or BORING EMPTY WALLS has the right to dissolve the agreement without owing any compensation. In case of dissolution, BORING EMPTY WALLS will refund the payment received.

ARTICLE 9 - REFUND POLICY

The provisions of this policy apply only to customers in their capacity as consumers who purchase items online from BORING EMPTY WALLS.

Although we're sure that you will be delighted with your purchase, we appreciate that sometimes accidents happen. We aim to make this process as easy as possible for you! Please note these terms do not affect your statutory rights.

(1)Faulty Or Damaged Goods

We pride ourselves on the quality of our products, so if you receive a print from us which is faulty or damaged we will replace it free of charge and without delay.

If an item arrives and the packaging or the item itself is clearly and significantly damaged, please take a photo showing the damage, refuse to accept the delivery and contact us immediately.

If you notice that an item is damaged after it has been delivered to you, please contact us within 3 days of receipt of your print at shop@boringemptywalls.com and our team will be happy to assist. If we require you to return the product to us, we will pay the cost of the return.

(2)Cancellations And Changes

You may cancel or make changes to an order, up and until the time your order has been dispatched. In this case, we will reimburse you in the form of store credit or a full refund. After an order has been dispatched, cancellations or changes will not be possible. As we endeavour to send orders as quickly as possible, requests for cancellations or changes need to be made as soon as you can.

(3)Change Of Mind

We print to order for all purchases, so unfortunately we are unable to offer a refund or exchange for change of mind or incorrect size choice.

We recommend taking your time to select the perfect print for your space - or feel free to ask us for advice if you would like a second opinion! Similarly, please ensure you measure up carefully. A great trick is to cut a sheet of paper to the exact size of print that you're considering and blue-tack it to the wall. This will give you a really good sense of how the print will look in your space.


(4) Shipment

To return the product, the Customer must send the product to: Varenlaan 17, 2610 Wilrijk, Belgium. If the Customer receives a refund, the cost of returning the product will be deducted from the refund. Depending on where the Customer lives, the time it takes for the exchanged product to reach her may vary. If the Customer sends an item of more than € 75, it is recommended to use a traceable shipping service or to take out shipping insurance. BORING EMPTY WALLS is not liable for not receiving the returned item.

ARTICLE 10 - ACCURACY OF THE INVOICING AND ACCOUNT INFORMATION

BORING EMPTY WALLS reserves the right to refuse any order placed by the Customer. BORING EMPTY WALLS may, in its sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and / or orders using the same billing and / or shipping address. In the event that BORING EMPTY WALLS makes a change to an order or cancels it, BORING EMPTY WALLS will attempt to notify the Customer by contacting the e-mail address and / or the billing address / telephone number provided when placing from the order. BORING EMPTY WALLS also reserves the right to restrict or prohibit orders that appear to have been placed by dealers, resellers, or distributors in its sole discretion. Customer agrees to provide current, complete and accurate purchase and account information for all purchases made. The Customer agrees to immediately update his account and other information, including the email address and credit card numbers and expiration dates, so that BORING EMPTY WALLS can complete transactions and contact the Customer if necessary.


ARTICLE 11 - PERSONAL INFORMATION - PRIVACY POLICY

The submission of personal information via the webshop is subject to the Privacy Policy. . This Privacy Policy describes how the Customer's personal information is collected, used and shared when the Customer visits or makes a purchase at kurtvandeweerdt.myshopify.com (the "Site"). Collection of personal information When the Customer visits the Site, BORING EMPTY WALLS automatically collects certain information about the Customer's device, including information about his web browser, IP address, time zone and some of the cookies installed on the Customer's device. In addition, while browsing the Site, BORING EMPTY WALLS collects information about the individual web pages or products viewed by the Client, which websites or search terms have referred the Client to the Site, and information about how the Client communicates with the Site. BORING EMPTY WALLS refers to this automatically collected information as "Device Information". BORING EMPTY WALLS collects device information using the following technologies: - "Cookies" are data files that are placed on the device or computer and often contain an anonymous unique identifier. For more information about cookies and how to disable cookies, the Customer goes to http://www.allaboutcookies.org. - "Log files" track the actions that take place on the Site and collect data, including IP address, browser type, Internet service provider, referring / outgoing pages and date / time stamps. - "Web beacons", "tags" and "pixels" are electronic files used to record information about how the Customer visits the Site. In addition, when the Customer makes a purchase or attempts to make a purchase through the Site, BORING EMPTY WALLS collects certain information from the Customer, including its name, billing address, shipping address, payment information (including credit card numbers, bank account numbers), email address, and phone number. . BORING EMPTY WALLS refers to this information as "Ordering Information". When BORING EMPTY WALLS speaks in this Privacy Policy of "Personal Information", this includes both Device Information and Order Information.

Method in which the personal data is used

BORING EMPTY WALLS generally uses the Order Information to execute orders placed through the Site (including processing payment details, arranging shipping and providing invoices and / or order confirmations). In addition, BORING EMPTY WALLS uses this Order Information to: - to communicate; - screen orders for potential risks or fraud; and - if this is in accordance with the preferences communicated by the Client and to provide the Client with information or advertising regarding the products or services of BORING EMPTY WALLS. BORING EMPTY WALLS uses the device information to help screen for potential risks and fraud (in particular the IP address), and more generally to improve and optimize the Site (for example, by generating analyzes on how customers surf and communicate with the Site, and to assess the success of our marketing and advertising campaigns). Sharing personal information BORING EMPTY WALLS shares the Personal Information of customers with third parties to use it, in the above manner, including regarding web hosting (Squarespace). For example, BORING EMPTY WALLS uses Squarespace to feed its online store - the Customer can read via the link below how Squarespace uses the Personal Information: https://www.squarespace.com/privacy. BORING EMPTY WALLS does not share Personal Information of the Customer with third parties with whom it has not concluded a processor agreement to guarantee the Personal Information of the Customer or of which it has not checked the GDPR compliance unless to comply with applicable laws and regulations, in in the context of legal proceedings or to otherwise protect his rights.


ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on the site or in the Terms that includes typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping, transit times and availability. BORING EMPTY WALLS reserves the right to correct any errors, inaccuracies or omissions at any time without prior notice, and to change or update information or cancel orders if the information is contained in the Terms and Conditions or on a related website ( even after the Customer has submitted its order) is inaccurate.

BORING EMPTY WALLS does not undertake to update, change or clarify information in the Terms and Conditions or on a related website, including, but not limited to, pricing information, unless required by law.

ARTICLE 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, Customer is prohibited from using the site or its content: (a) for any illegal purpose; (b) to request others to perform illegal acts or to participate in illegal acts; (c) to violate any international, federal, state, or state ordinance, rules, laws, or local ordinances; (d) to violate our intellectual property rights or the intellectual property rights of others; (e) for harassment, abuse, insult, harm, defamation, belittling, intimidation or discrimination based on sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) for providing false or misleading information; (g) to upload or transmit viruses or other types of malicious code that could in any way impair the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information from others; (i) use for spam, phish, pharm,, spider, crawl or scrape abuse; (j) for any obscene or immoral purpose; or (k) to circumvent the security features of the Service or a related website, other websites or the Internet. BORING EMPTY WALLS reserves the right to terminate use of the Services or any related website in the event of a breach in any of the aforementioned ways.


ARTICLE 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

BORING EMPTY WALLS does not warrant that Customer's use of the Services will be uninterrupted, timely, secure, or error-free. BORING EMPTY WALLS does not guarantee that the results that can be obtained through the use of the service are accurate or reliable. The Customer agrees that BORING EMPTY WALLS may, from time to time, delete the service indefinitely or cancel the service at any time without prior notice. The Customer expressly agrees that its use of, or inability to use, the service is at its own risk. The service and all products and services provided by BORING EMPTY WALLS are provided "as is" and "as available" for the Customer's use, without any representation, warranty or condition of any kind, express or implied , including any implied warranties or conditions of merchantability, negotiable quality, fitness for a particular purpose, durability, title, and non-infringement unless expressly stated otherwise by BORING EMPTY WALLS. Under no circumstances will BORING EMPTY WALLS, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages. of any kind, including, but not limited to, lost profits, lost earnings, missed savings, data loss, replacement costs, or any similar damage, whether based on a contract, tort (including negligence), strict liability or otherwise, arising from the Customer's use of any of the services or products purchased through the Service, or any other claim in any way related to Customer's use of the service or a product including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind The nature, therefore, resulting from the use of the service or any content (or product) posted, sent or otherwise made available through the service, even if the Client has been notified of the possibility thereof. Since some countries, states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, BORING EMPTY WALLS's liability in such states or jurisdictions will be limited to the maximum extent permitted by local law.


ARTICLE 15 - PENALTIES FOR NON-PAYMENT

Without prejudice to the exercise of all other rights to which BORING EMPTY WALLS is entitled, the Client owes interest of 10% per year on the unpaid amount in the event of late or non-payment by operation of law and without notice of default. In addition, the Customer owes a fixed compensation of 10% on the full amount, by operation of law and without notice of default, with a minimum of 25 euros per invoice. Without prejudice to the foregoing, the articles remain the property of BORING EMPTY WALLS until full payment and BORING EMPTY WALLS is entitled to take back the unpaid or incompletely paid articles.

ARTICLE 16 - INDEMNIFICATION

The Client agrees to indemnify BORING EMPTY WALLS and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees from any claim or demand, including reasonable attorney's fees, that is submitted by a third party as a result of or arising from a breach of these Terms and Conditions or the documents to which they refer or a breach of any law or the rights of a third party.

ARTICLE 17 - SPLITABILITY

If one or more provisions of the Conditions should be declared void or become unenforceable due to a change in law or for any other reason, this will result in the legality, validity and enforceable and enforceable nature of the other provisions of the Conditions and of the Conditions as a whole, insofar as they still have some effect or reason, are not affected.

ARTICLE 18 - TERMINATION

The obligations and liabilities of the parties entered into before the termination date will survive all purposes after the termination of this agreement. These General Terms and Conditions always govern the contractual relationship between the parties. If the Customer no longer agrees, any contractual cooperation which the Customer will confirm by means of a mere communication or by discontinuing use of the website ends. If the Client fails, or if there is a suspicion that the Client has failed, to comply with a condition or provision of these Terms and Conditions, BORING EMPTY WALLS may also terminate this agreement at any time without prior notice and the Client remains liable for all amounts due until the date of termination; and / or access to the Services (or part thereof) may be denied.

ARTICLE 19 - ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms and Conditions does not mean that BORING EMPTY WALLS waives such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and arrangement between the parties and govern the use of the Services, and supersede all prior or contemporaneous agreements, notices and proposals, whether oral or written, between the parties (including, but not limited to, earlier versions of the Terms and Conditions).

ARTICLE 20 - APPLICABLE LAW AND COMPETENT COURT

Belgian law applies unless the rules of international law impose application of another legal system. The courts of the Antwerp have jurisdiction in the event of a dispute, unless the rules of international law designate another competent court. The provisions of the Vienna Convention on International Contracts of Sale concerning movable property are hereby expressly excluded.

ARTICLE 21 - AMENDMENTS TO THE TERMS OF USE

The Customer can always view the most current version of the General Terms and Conditions at any time on this page. It is the responsibility of the Customer himself to apply the necessary settings so that he has the most current version of General Terms and Conditions. BORING EMPTY WALLS reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes. It is the responsibility of the Customer to regularly check the website for changes. Continued use of or access to our website or the Services after posting changes to these Terms of Service means that the Customer accepts those changes.

ARTICLE 22 - PROOF

The Customer accepts that electronic communication and backups serve as evidence.

ARTICLE 23 - CUSTOMER SERVICE

BORING EMPTY WALLS customer service is available by email: shop@boringemptywalls.com or by post at the following address: Varenlaan 17, 2610 Wilrijk, Belgium. Any complaints can be made via the aforementioned customer service contact methods.

ARTICLE 24 - CONTACT INFORMATION

Questions about the conditions to be addressed to: shop@boringemptywalls.com