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terms of use of gift card

 

These general conditions govern the use of a Gift Card acquired on the website artlead.net (hereafter: the “Website”) from artlead cvba, a cooperative incorporated under the laws of Belgium with registered office at Boulevard de Dixmude 41-3, 1000 Brussels, and with company number 0684487923 (hereafter: “artlead”).

 

1. Acceptance

1.1 By purchasing, using or attempting to use a Gift Card:

(a) you accept and agree that you are bound by these Terms and Conditions; and

(b) you acknowledge that you have read and understood the information concerning the artlead privacy policy.

1.2 If you give another person permission to use the Gift Card, the relevant

 

2. Concerning the Gift Card

2.1 The Gift Card is issued by artlead cvba, a cooperative incorporated under the laws of Belgium with registered office at Boulevard de Dixmude 41-3, 1000 Brussels, and with company number 0684487923.

2.2 The Gift Card has a monetary value that is paid in advance. It is not a credit card, charge card, cheque guarantee card or debit card, and no interest will be paid on the balance on the Gift Card.

2.3 The Gift Card is valid for twelve months from the date of purchase.

2.4 The Gift Card cannot be repaid and cannot be returned, except insofar as statutory rights provide for that, for example in the event of defects or in the circumstances as described in Article 5. The Gift Card cannot be cancelled. Only the buyer of the Gift Card can get a refund.

2.5 The Gift Card does not have a repayment value and cannot be exchanged for cash, nor can an advance payment in cash be made for any portion of the balance loaded onto the Gift Card at the time of its purchase.

2.6 The Gift Card cannot be exchanged for another currency or another type of Gift Card, nor can the combined balance of two or more Gift Cards be transferred to a new artlead Gift Card.

2.7 Once the balance that was loaded onto the Gift Card at the time of its purchase has been used, the Gift Card cannot be loaded again.

 

3. Purchase

3.1 The Gift Card can only be used to purchase artworks on the Website.

3.2 The Gift Card can cover both the purchase of the artwork, VAT on that purchase if applicable, the shipping costs and the cost of insurance during the shipping process.

 

4. Use

When purchasing products with the Gift Card, you will not receive change. Any remainder of the balance that was loaded onto the Gift Card at the time of its purchase will remain on the Gift Card for use at a later stage, in accordance with these conditions. The amount on the Gift Card can be spent online, in full or in part, via the Website.

 

5. Consumer rights

If you have purchased a Gift Card online and have entered into an agreement as a consumer, the following rights apply: You can cancel the purchase of the Gift Card and require full restitution of the amount paid for a period of 14 days, commencing on the day on which you receive an order confirmation from artlead in connection with the purchase of the Gift Card.

 

6. Term of validity

6.1 You can use the Gift Card to purchase products on the Website in the twelve months following its purchase.

6.2 After this twelve-month period following the date of the purchase, you can no longer use the Gift Card (even if it still contains (some of) the balance loaded onto it at the time of its purchase), nor can you require repayment of any balance left on it.

6.3 After expiry of the term of validity of the Gift Card, any balances on the Gift Card will expire.

 

7. Security

You must treat the Gift Card like you would treat cash. In the event of loss, the Gift Card will not be replaced, and any balance will be lost.

 

8. Right to termination, cancellation or refusal of a transaction

8.1 artlead can terminate this agreement, cancel the Gift Card or refuse a transaction if it suspects that the Gift Card is being used in a fraudulent, improper or unlawful manner, or if it has reason to assume that you are in breach of this agreement.

8.2 If a transaction with the Gift Card requires investigation, you are obliged to cooperate with artlead, the police and any other authorised bodies that request your cooperation.

 

9. Personal details

9.1 Any personal details that you provide in connection with the Gift Card will be processed in accordance with the artlead's privacy policy, which can be consulted on the Website. It is important that you carefully read and understand this information.

 

10. Limitation of liability

10.1 You are responsible for the use and the safety of the Gift Card and liable for any transactions for which the Gift Card is used (except in the event of fraud or negligence on the part of artlead or its employees). In the event of theft or loss of the Gift Card, or if you suspect that the Gift Card has been used for a transaction for which you have not given your permission, you must immediately report this to the customer service.

10.2 artlead accepts no liability for loss, theft, destruction or improper use of Gift Cards, unless this is the result of negligence on the part of artlead.

10.3 To the extent permitted by law, artlead is not liable towards you for any loss (either direct or consequential loss) and will not be in default under these Terms and Conditions in the event that it fails to comply with any obligation in connection with the Gift Card if the cause thereof is an event that it could not reasonably have controlled or prevented. Such events include natural disasters, acts or omissions on the part of governments or government institutions, strikes or other business-related action, fires, floods, storms, riots, power shortages or cuts, disruption due to acts of war and other actions or omissions on the part of third parties.

10.4 Without prejudice to the conditions of this agreement, artlead's liability towards you is limited to the amount of the balance on the Gift Card if one of the following events takes place (in which case the earliest of these events applies):

(a) the Gift Card is cancelled by artlead;

(b) this agreement is terminated by artlead;

(c) the term of validity of the Gift Card expires.

10.5 Nothing in this agreement serves to exclude or limit liability for:

(a) death or personal injury due to negligence;

(b) deliberate deception;

(c) any other form of liability that cannot legally be excluded or limited.

 

11. Changes artlead will be authorised to amend the conditions of this agreement by publishing an amended version on the Website at all times.