GENERAL TERMS AND CONDITIONS OF SALE
1. DESCRIPTION
1.1 These General Terms and Conditions of Sale (hereinafter "GTC") define the rights and obligations of the parties in connection with the sale of products/services (hereinafter "products/services") via the website www.djaten.com (hereinafter referred to as the "Site"). These GTC govern any sale of products conducted on the Site.
1.2 These GTC are concluded between PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroad Bank for Enterprises (BCE/KBO) under number 0896.755.397 (VAT BE 0896.755.397), having its registered office at 72, Rue Coenraets, 1060 Brussels, Belgium (hereinafter referred to as the "Seller"), and, on the other hand, any person placing an order (hereinafter referred to as the "Buyer"). The Buyer and the Seller are hereinafter jointly referred to as the "Parties".
1.3 Any order implies prior consultation and express acceptance of the GTC by the Buyer, without such acceptance being conditional upon a handwritten signature by the Buyer. Pursuant to the Law of 9 July 2001 establishing certain rules regarding the legal framework for electronic signatures, the validation of the purchase order constitutes an electronic signature which, between the Parties, has the same legal value as a handwritten signature and constitutes proof of the entire order and the enforceability of the amounts due in execution of the order.
1.4 The Buyer declares that they have full legal capacity.
2. PRODUCTS/SERVICES FOR SALE
The products/services offered for sale are those appearing on the Site, accompanied by a description of their essential characteristics, on the day and at the time of consultation of the Site by the Buyer, within the limits of available stocks. The Seller makes all reasonable efforts to display product/service availability in real-time on the Site, but shall not be held liable if a product is no longer available to fulfill the order.
The Buyer acknowledges that Djatën products are artistic creations produced by 3D printing. Minor layer lines may be visible, which is inherent to the technology and does not constitute a lack of conformity. In the event of non-availability of any of the ordered products/services, the Buyer will be informed and will have the option either to modify their order or to cancel it, in which case they will be refunded the amount of their order if payment has already been made.
3. SELLING PRICE OF DISPLAYED PRODUCTS/SERVICES
3.1 The price of each product is displayed on the Site in Euros (€), inclusive of VAT (Value Added Tax). This price is valid in the countries where delivery is available and does not include processing and delivery fees—which remain at the Buyer's expense—nor the deduction of any discount or voucher granted to the Buyer. The Seller reserves the right to modify its prices at any time, but products/services will be billed on the basis of the purchase prices in effect at the time the order is placed.
3.2 Upon placing an order, the Buyer agrees to pay, in addition to the purchase price of the ordered products/services, the processing and delivery fees (hereinafter the "Fees"). These Fees vary depending on the type and quantity of products/services ordered, as well as the chosen delivery method, and are inclusive of VAT. The Buyer may review the amount of these Fees on the Site by consulting their "Shopping Cart", where a total calculation combining the purchase price of the products/services and the Fees is displayed.
The Seller reserves the right to modify the amount of the Fees at any time, but Fees will be billed on the basis of the rates in effect at the time the order is placed. These Fees remain due and will not be refunded if the Buyer returns all or part of the order pursuant to their right of withdrawal.
3.3 Products/services are delivered exclusively to countries authorized by the Site. Any incorrect delivery address is the sole responsibility of the Buyer and may incur additional charges. Stated delivery times are non-binding and provided for indicative purposes only. No delay in delivery shall entitle the Buyer to claim damages. The Seller reserves the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the Buyer will be refunded without interest or indemnity.
4. ORDERING MODALITIES
4.1 To place an order, the Buyer must complete the order form provided on the Site, entering the necessary identification information, including their first name, last name, and delivery address. By doing so, the Buyer declares full and unreserved acceptance of the entirety of these GTC and undertakes to pay the total amount due. The Seller cannot be held liable for any consequences resulting from the communication of incorrect information.
4.2 As Djatën creations are produced on demand, the printing process commences as soon as the order is validated. No cancellation or refund "during production" can be accepted prior to the physical receipt of the product by the Buyer.
4.3 The Seller will confirm each order by sending an email stating, in particular:
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The main characteristics of the ordered good or service;
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The identity of the Seller, specifically its enterprise number and trade name;
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The geographical address of the Seller, as well as its telephone number and email address;
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The total price of the goods or services, all taxes included, as well as all additional transport, delivery, or other charges;
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The modalities for payment, delivery, execution, and the date by which the undertaking commits to deliver the goods or perform the services;
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The procedures provided by the undertaking for handling complaints;
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The conditions, time limit, and procedures for exercising the right of withdrawal;
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The circumstances under which the consumer will not benefit from the right of withdrawal, as outlined in Article 7 of these GTC;
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The existence of a statutory two-year conformity warranty (one year for second-hand goods), as provided by Articles 1649bis to 1649octies of the Belgian Civil Code, and a statutory warranty against hidden defects, as provided by Articles 1641 to 1649 of the Belgian Civil Code and Article 10 of these GTC;
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The possibility of accessing the European Online Dispute Resolution platform to initiate an out-of-court settlement procedure;
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Where applicable, the existence of after-sales consumer assistance, after-sales service, and commercial warranties, along with their applicable conditions;
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Where applicable, the existence of applicable codes of conduct and how to obtain a copy;
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Where applicable, the duration of the contract or, if the contract is of indefinite duration or extended automatically, the conditions for terminating the contract;
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Where applicable, the minimum duration of the consumer's obligations under the contract;
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Where applicable, the existence of a deposit or other financial guarantees to be paid or provided by the Buyer;
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Where applicable, the functionality of digital content, including applicable technical protection measures;
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Where applicable, any relevant interoperability of digital content with hardware and software of which the Seller has or ought reasonably to have knowledge.
The data recorded by the Seller, together with the order confirmation, shall constitute proof of the contractual relationship established between the Parties.
4.4 The Seller reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the Buyer, full or partial non-payment of a previous order, refusal of authorization of payment by credit card issuing institutions, or for any other legitimate reason. Under such circumstances, the Seller shall incur no liability whatsoever.
5. PAYMENT TERMS
5.1 Purchases must be paid for by credit card (Visa or Mastercard), debit card (Maestro), or via PayPal.
5.2 Ordered products remain the property of the Seller until full payment of the purchase price and associated Fees specified at the time of ordering.
6. DELIVERIES
6.1 Delivery is carried out by the Seller within Europe (Belgium, France, Luxembourg). Additional delivery zones may become available in the future. Any duties, taxes, or import fees are the sole responsibility of the Buyer.
6.2 Orders are delivered to the address provided by the Buyer.
6.3 For deliveries within Belgium, the Seller will make every effort to ensure the order is dispatched to the delivery address within thirty (30) business days following validation of the order and receipt of payment. Delivery personnel will present themselves at this address between 8:00 AM and 6:00 PM on business days and deliver the parcel(s) to the recipient or any other person present at the specified address. In the event of absence, a delivery notice will be left at the delivery address.
It shall then be the Buyer's responsibility to contact the carrier to arrange either a new delivery date at the same address, a new delivery date at a different address, or a collection at the nearest post office. Failing to do so within fifteen (15) days from the notice left by the carrier, or if the Buyer is absent during the rescheduled delivery, the order will automatically be returned to the Seller, who will contact the Buyer to organize a new delivery. In this case, additional delivery fees may be charged to the Buyer.
6.4 For deliveries outside Belgium, the Seller will make every effort to ensure the order is delivered within forty-five (45) days for the European Union and sixty (60) days for non-EU countries following order validation. Delivery procedures shall be governed by the postal services of the destination country.
6.5 If the Buyer designates the carrier, the risk is transferred to the Buyer at the moment the ordered products are handed over to the carrier. Proof of handover shall be substantiated by the tracking system used by the carrier.
6.6 The Buyer is required to inspect shipments upon arrival and to express any reservations or claims that appear justified, or even refuse the parcel if it appears to have been opened or shows obvious signs of damage. For any claims following receipt of the order (specifically in the case of items damaged during transit), the Buyer must send an email to djatenwork@gmail.com with the subject line "Delivery Claim", attaching supporting photographs, within forty-eight (48) hours following receipt of the order.
Upon verification of the damage, and only after the Buyer provides video proof of the complete destruction of the damaged item (to prevent duplicate claims), a new production run will be launched. The re-shipping costs for the replacement item shall be borne by the Seller.
7. RIGHT OF WITHDRAWAL AND RETURN PROCEDURES
7.1 Pursuant to the Belgian Code of Economic Law, the Buyer has a period of fourteen (14) calendar days, starting the day after delivery, to withdraw from their purchase without penalty and without giving any reason. Within this timeframe, the Buyer must notify the Seller of their intention to exercise their right of withdrawal as follows:
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Send an email to djatenwork@gmail.com;
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State the Buyer's first and last name;
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Provide a detailed description of the relevant item(s), referencing the invoice number and invoice date; OR
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Complete the standard withdrawal form available on the Belgian FPS Economy website (SPF Économie).
7.2 Returns to the Seller must be shipped to the address indicated on the original parcel, unless contrary instructions are communicated to the Buyer, who must retain proof of postage.
7.3 If the Buyer requests an exchange instead of a refund, this must be specified in the email. The Seller will then communicate product availability, as well as any additional balance due or partial refund required.
7.4 All expenses and risks associated with returning items are at the exclusive expense and risk of the Buyer. The Buyer is required to return the product using a delivery service that includes a tracking number and insurance covering the total value of the product in the event of loss or damage (breakage). If the product arrives back to the Seller damaged and the Buyer failed to secure adequate insurance, no refund will be issued.
7.5 In the event that the Buyer exercises their right of withdrawal and returns the products within fourteen (14) days following notification of their decision to withdraw in accordance with the agreed procedures, the Seller undertakes to refund the purchase price upon receipt of the returned products.
7.6 In the event of a refund for returned products/services, the Seller will credit the credit card used for payment with an amount equal to the purchase price of the returned goods, less any vouchers or discounts applied to the order. The refund procedure will comply with the terms agreed upon with the card-issuing financial institution.
7.7 The Buyer cannot exercise their right of withdrawal if the delivered products have been used, damaged, are missing parts, or if their labels have been removed.
7.8 Returned products must imperatively be sent back properly protected, in their original packaging, in perfect condition for resale, accompanied by all potential accessories, instruction manuals, etc. Failing this, they can neither be accepted for return nor exchanged.
7.9 Products/services made to custom specifications or personalized cannot under any circumstances be returned or exchanged.
7.10 Products returned but not accepted for return by the Seller will remain held at the disposal of the Buyer on the Seller's premises. The Buyer remains obligated to pay for them. In the event of abnormal or abusive returns, the Seller reserves the right to refuse subsequent orders.
7.11 The Seller displays the conditions, timeframes, and modalities for exercising the right of withdrawal, as well as the model withdrawal form, on the Site.
7.12 Where applicable, details regarding after-sales assistance, after-sales services, or additional commercial warranties are specified on the Site.
8. PROTECTION OF PRIVACY AND PERSONAL DATA
8.1 The Seller collects personal data concerning Buyers, provided directly on the Site or via email. The Seller undertakes not to disclose this data to third parties; all personal data is strictly confidential. It will only be used internally for order processing, enhancing and personalizing communication (notably through newsletters/informational emails), personalizing the Site according to Buyer preferences, or monitoring creditworthiness.
8.2 The Seller does not sell, market, or rent Buyer information to third parties. In the event of a transfer or third-party use of personal data, the Seller undertakes to inform the Buyer beforehand and allow them to exercise their right to object. The Seller may provide aggregate statistics regarding Buyers, sales, trade patterns, and Site information to third parties, but these statistics will not contain any personally identifiable information. However, this section shall not prevent the transfer or assignment of business operations to a third party.
8.3 The Seller retains personal data only for the duration necessary to achieve the specific purposes for which it is processed. To determine the appropriate retention period, account is taken of the quantity, nature, and sensitivity of the personal data, the purposes for which it is processed, and whether those purposes can be achieved by other means. Compliance with legal and regulatory obligations is also taken into account. When data is no longer necessary, it is destroyed.
8.4 Provided legal conditions are met, the Buyer has the right to:
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Request information regarding whether the Seller holds personal data and, if so, what data is held and for what purposes it is processed;
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Access their personal data and, where necessary, rectify it;
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Obtain the erasure of their data or the restriction of its processing;
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Lodge a complaint with the Data Protection Authority (Autorité de protection des données).
The Buyer may exercise the aforementioned rights via a dated and signed request accompanied, for security reasons, by a copy of their identity card. The request may be sent by post to: Rue Saint-Gilles, 236 0031, 4000 Liège, Belgium, or by email to djatenwork@gmail.com. If a request is manifestly unfounded, access may be refused, or a reasonable administrative fee may be charged.
9. LIABILITY
The Seller contracts only obligations of means (obligations de moyens) for all stages of access to the Site, order processing, delivery, and subsequent services. The Seller shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, including service disruptions, external intrusions, computer viruses, or any event qualified as force majeure. In any event, the Seller's liability under these GTC shall not exceed an amount equal to the sums paid or payable in connection with the transaction giving rise to said liability.
10. LEGAL WARRANTY OF CONFORMITY
Products/services benefit from the statutory warranty of conformity, as provided by Articles 1649bis to 1649octies of the Belgian Civil Code, and the statutory warranty against hidden defects, as provided by Articles 1641 to 1649 of the Belgian Civil Code. Among other rights, the Buyer is entitled to obtain from the Seller the free repair or replacement of products presenting a lack of conformity within two (2) years from delivery (one year for second-hand goods), provided the claim is submitted within two (2) months from the discovery of the defect.
The warranty does not cover damage caused by exposure to temperatures exceeding 60°C / 140°F (risk of material deformation inherent to PLA and other heat-sensitive materials).
11. INTELLECTUAL PROPERTY
The content of the Site, including the underlying technology, may be protected by copyright, trademark law, or other intellectual property rights. The Seller grants the Buyer authorization to place a simple hyperlink on their own website pointing directly to the Seller's Site.
Conversely, any hypertext link directing to the Site using framing, in-line linking, or deep linking techniques is strictly prohibited. In all cases, any link must be removed upon simple request from the Seller. Any reproduction, 3D scanning, or commercial exploitation of original Djatën models is strictly prohibited without the express written consent of the artist.
12. CONTACT
The Buyer may contact the Seller using the contact form available under the "Contact" section of the Site or via email at djatenwork@gmail.com.
13. SEVERABILITY AND ENTIRETY
If one or more provisions of these GTC are held to be invalid or declared as such, the remaining provisions shall retain their full force, scope, and effect.
14. EVIDENCE / PROOF
Computerized records maintained in the computer systems of the Seller and its partners shall be considered proof of communications, orders, and payments between the Parties. The Parties accept electronic evidence (e.g., emails, system backups, etc.) as admissible proof within the framework of their contractual relationship.
15. AMENDMENTS
The Seller reserves the right to modify these GTC at any time and will communicate the updated version to the Buyer via the Site.
16. APPLICABLE LAW AND JURISDICTION
These GTC are governed by Belgian law. In the event of a dispute, an amicable solution will be sought prior to any legal action. The Seller and the Buyer also have the option to refer the matter to the European Online Dispute Resolution platform. Failing an amicable settlement, the courts of the judicial district of Brussels, Belgium, shall have exclusive jurisdiction.