Terms of sales

These General Conditions of Sale (“General Conditions of Sale ”) as well as, but without limitation, the special conditions included in the Order Confirmation, in our Policy on Personal Information, Cookie Policy, Conditions of Use of the Site and Introductory Document contain the entire agreement (the “Contract”) between You (the “Customer”) and us (“We”) :

The purpose of the Contract is the sale by us to the Customer of prints of works of art, furniture and other objects (see Clause 2. below) (jointly, the “Goods”).

Please note that by ordering one of our Goods, you automatically agree to be bound by these General Conditions of Sale as well as by the other documents referred to in them. If you refuse to accept these Terms and Conditions, you will not be able to order Goods from our site. The application of all other general conditions which the Customer would use is hereby expressly excluded.

You declare that you are at least 18 years old, that you are not under guardianship or curatorship and that you have full legal capacity to purchase the Goods. You agree to make accurate declarations, in particular with regard to the personal information communicated.

We offer for sale the Goods, consisting of various prints of works of art, furniture and other various objects, which are presented on our site, subject to their availability.  

As explained in clause 2 of the Introductory Document, for technical reasons (photographic and computer), the actual rendering of the Goods may sometimes differ slightly from that of the photographs presented on the site. It is advisable to read the description of the Goods carefully before ordering and, for further information on them, to contact us using the Contact section. The sharpness and the grain of each impression vary according to the work and the personal choices of each artist. These variations in definition can come from both the tools / materials used by the artist and the definition and rendering that each artist wants to give to his work. Some artists, for example, want to create works with a raw and blurry look, while others seek the clearest possible image definition. In order to respect the work of our artists and their creations, we print the Goods in the definition and rendering that have been decided and created by each artist.

All the Goods presented on our site are available to Customers within the limit of stocks of Goods available. BAMink reserves the right to modify unilaterally, at any time and without compensation of any kind, the delivery times for the Goods ordered according to their availability.

When the Goods that you have ordered cannot be delivered within the time initially envisaged, we will inform you as soon as possible in writing (in accordance with article 12 of the Introductory Document) and will specify you as appropriate:

– Either that the Goods concerned are definitively no longer available, so that your order placed for this Goods will not be processed. The order of the said Goods will be automatically canceled by us and all or part of the Sale Price which has already been received will be fully reimbursed to the Customer within 14 days from the date of the Order Confirmation. BAMink will not be liable to the Customer for any compensation whatsoever as a result of this unavailability and cancellation of the order. 

– either that the Merchandise concerned is currently not in stock and that we make our best efforts to restock the stock of this Merchandise. We will then inform you in writing of the proposed new delivery times, taking into account the delay caused by the lack of available stock of the Goods concerned. In this case, you will have the possibility: 

1. a) either accept the change in delivery times and confirm the order as modified. No compensation of any kind whatsoever will be due to the Customer due to this delay in the delivery of the Goods concerned.
2. b) either to refuse the change in delivery times and to cancel the order placed for the Goods affected by the delay. The Customer will be reimbursed for the Sale Price of the Goods (concerned by the cancellation of the order) which would already have been debited from his account within 14 days from the date of the cancellation of his order. No compensation of any kind whatsoever will be due to the Customer due to this cancellation of order.

4.1. The price of the Goods described in Clause 2 can be obtained by consulting the products on the website. 

Unless otherwise indicated, all prices presented on the website are indicated in euros (EUR) and described all taxes included for sales within the European Union (VAT and any other tax of any other kind imposed by the government on the day of the order), but excluding delivery costs.

Each time the Customer orders the Goods described in Clause 2, the applicable rate and description of these Goods will be those in effect at that time.

The additional delivery costs of the Goods are brought to the attention of the Customer during the ordering process and vary depending on the location of the Customer, the delivery service used and the weight and size of the Goods ordered.

All possible additional costs, such as customs duties, local taxes, import duties or state taxes which may be added, if any, are the responsibility of the Customer and in no case to our charge.

We reserve the right to change the price of the Goods at any time, but any Goods ordered will be invoiced on the basis of the Sale Price in effect at the time of confirmation of the order and subject to availability.

The Goods remain our property until full payment of the Sale Price, plus delivery costs and other additional costs due by the Customer, regardless of the date of delivery of the Goods. However, upon receipt of the Goods, the burden of risk is transferred to you; therefore upon receipt it is your responsibility to ensure the proper conservation of the Goods.

4.2. Payment for your purchases made on our site is made when ordering by bank card via PayPal or by bank transfer (the bank details being delivered in the summary email provided for in Clause 6.3. Of the Introductory Document), except otherwise stated. Once executed, the payment order made by bank card or bank transfer cannot be canceled. The Customer guarantees that he has the necessary authorizations to pay for his order of Goods and to use the payment method concerned.

Payments are only authorized in euros.

The payment of the totality of the sums due by the Customer, that is to say the Sale Price, the delivery costs and other incidental costs which would be due if necessary, must intervene within 7 days of the reception of the summary email provided for in Clause 6.3. of the Introductory Document. In the absence of receipt by BAMink of all of the sums due by the Customer within this period, BAMink reserves the right to cancel the Customer’s order.

The payment made by the Customer will be considered effective after confirmation of the agreement from the bank payment centers and receipt of the amount by BAMink.

4.3. We take all reasonable measures to ensure that the prices of the Goods are correct when the relevant information is entered into the system. However, if we discover an error in the price of the Goods you have ordered or in the related delivery costs, we will contact you as soon as possible and inform you of the correct price, so that you can decide whether to continue with your ordering of Goods. In this case, you will have the possibility : 

1. a) either accept the price change concerned and confirm the order as modified. No compensation of any kind whatsoever will be due to the Customer due to this change and / or any delay caused in the delivery of the Goods concerned.
2. b) either to refuse the price change and to cancel the order placed for the Goods affected by the modification. The Customer will be reimbursed for any amount that has already been debited from his account within 14 days from the date of cancellation of his order. No compensation of any kind whatsoever will be due to the Customer due to this cancellation of order.

5.1. BAMink currently only delivers its Goods to countries within the European Union. You will find on our “Delivery” site the list of countries concerned. Our delivery times are presented on working days (Monday to Friday) only and excluding holidays.

The Goods are delivered to the delivery address indicated by the Customer when ordering. In order to optimize delivery, it is advisable to indicate an address to which your order can be received during working hours.

The delivery times are indicated for each Merchandise put up for sale on the various pages of our site. These deadlines are also referred to during the validation of the order by the Customer, in the summary e-mail as well as in the Order Confirmation. For more information on standard delivery times and costs, please see the following page on our site: section “Delivery”

Delivery times do not start until after acceptance and receipt by BAMink of payment of the total amount due by the Customer for the order concerned.  

5.2. Regarding deliveries of Goods outside Belgium, the Goods ordered are imported into the country of destination by and under the responsibility of the Customer. It is their responsibility to obtain the necessary information from the local authorities concerned and to ensure that they comply scrupulously with the formalities specific to the importation of these Goods into the territory of the country of destination. Any customs fees or local taxes are the exclusive responsibility of the Customer. 

5.3. When an order concerns different Goods with different delivery times, the Customer may request to receive partial separate shipments of the Goods ordered in accordance with the dates announced on the different pages of our site by contacting us via our Contact section or by e-mail info@bamink.be.
The additional delivery costs occasioned by these separate and partial deliveries of the Goods will be borne exclusively by the Customer.

Failing to expressly request separate and partial deliveries, all the Goods ordered by the Customer will be delivered in one go, based on the longest delivery time.

If one or more Goods are not in stock at the time of your order, it will be sent to you in one go when all the Goods are available again, subject to what is provided for in article 3 of the General Conditions of Sale.

5.4. BAMink is not responsible for delays caused by the delivery company or for a delay in delivery due to the unavailability of the Customer during attempts to deposit the order at the address indicated by the Customer in the order.

Taking possession of the package and the Goods is validated by the control and traceability system used by the transporter. In the absence of the recipient during the delivery of the Goods, the transporter will deposit a transit advice note at the delivery address indicated by the Customer in his order. The Goods must then be collected from the address and according to the methods defined by the carrier. In the absence of withdrawal of the Goods within the deadlines set by the carrier, the Goods will be returned to BAMink. In the event of a return of Goods linked to exceeding the time limit for the post office, we can then offer the Customer the following solutions, if applicable :

– Either to pay again the delivery costs for the re-dispatch of the Goods ;

– Either the reimbursement of the Sale Price of the entire order except the delivery costs and other incidental costs (in particular of return) already incurred by us, provided that the Goods are returned to our premises. In this case, refunds to the Customer will be made within 14 days.

5.5. Upon receipt of the Goods, it is the responsibility of the Customer or the person receiving the package to ensure directly that the Goods delivered correspond to what has been ordered by the Customer, and to check the condition of the package and goods.

The Customer or the person receiving the package will sign the delivery document of the carrier for acceptance of the delivery of the Goods. If, upon delivery, the exterior appearance of the package appears damaged, the Customer or the person receiving the package must carefully open the package to check the condition of the Goods.

In the event of apparent damage to the package and / or to any Goods due to transport, the Customer must refuse the damaged package and indicate “refusal for product (s) damaged during transport” on the return slip in order to be able to obtain reimbursement of the Sale Price of the Goods concerned and delivery costs by BAMink. Consequently, and subject to verification of the accuracy of the Customer’s reservations, the latter may benefit from the exchange or refund conditions provided below.

5.6.

As explained in article 6.1 of the Introductory Document, BAMink cannot be held responsible in the event of an error in entering an address on the part of the Customer, including any consequence which may result therefrom (eg impossibility of delivery , late delivery, return of the package). The Customer concerned by the exposed case can contact us via our Contact section or by e-mail info@bamink.be. We can then offer him two solutions if necessary :

– Either to pay again the delivery costs for the return of the Goods after rectification and validation of the address.

– Either the reimbursement of the Sale Price of the entire order except the delivery costs and other incidental costs already incurred by us, provided that the Goods are returned to our premises. In this case, reimbursements to the Customer will be made within 14 days.

These solutions could also be envisaged in the case of a return of Goods linked to the exceeding of the time limit for proceedings in post office.

In no case will BAMink be able to bear the error of the address entry error on the part of the Customer, and will not carry out any re-shipment free of charge.

6.1. We exclusively undertake to comply with the legal provisions applicable in Belgium. The Goods put up for sale comply with current Belgian legislation.

No regulations specific to the country of delivery and / or consultation of the website can be opposed to us. Our responsibility could not be engaged in the event of non-compliance with the legislation of the country where the Goods are delivered. It is up to the Customer to check with the competent local authorities the possible restrictions on import, export and / or use of the Goods that he intends to order on the site, as well as the limitations relating to the consultation of the site.

6.2. We cannot in any case be held responsible, whatever the cause, for any inconvenience or damage whatsoever that would occur in connection with the sale, delivery or use of the Goods covered by the Contract, if these aspects are managed. or performed by third parties. Thus, we cannot in particular be held responsible for the loss, destruction or deterioration of the Goods entrusted to it by the Customer.

Furthermore, we cannot be held responsible for damage or inconvenience resulting from improper use by the Customer or a third party of the Goods purchased.

6.3. BAMink’s contractual and extra-contractual liability is always limited to the amount of the order. This limitation of liability does not apply in the event of intentional act, fraud or gross negligence on the part of BAMink.

All complaints must be notified by registered letter within seven working days of delivery of the Goods. If the complaint is found to be justified, our liability will be limited to the repair or replacement of the goods delivered.

BAMink is not responsible for indirect damages such as, without limitation, loss of time, loss of income, loss of opportunity and loss of data.

BAMink also cannot be held liable for any consequential damage, whatever the cause, attributable to Goods deemed defective or non-compliant or to any damage occurring during the sale, delivery or use of the Goods ordered and covered by the contract. In this regard, the Customer waives, insofar as necessary and to the fullest extent permitted by law, any claim against BAMink, whose liability shall in no case exceed the provisions of article 1649 quater and quinquies of the Civil Code.

6.4. BAMink cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an outside intrusion or the presence of computer viruses. BAMink cannot be considered as being responsible for any unavailability of the website or any difficulty in connection or interruption of the connection.

6.5. We will not be held responsible for any delay in the delivery of the Goods ordered by the Customer, nor for any impossibility for us to supply such Goods to the Customer, when this delay or this impossibility results from a cause of force majeure ( i) beyond our reasonable control, (ii) materially affecting the supply of the Goods concerned and (iii) cannot reasonably be anticipated by us. In this case, we will not be liable for any compensation whatsoever to the Client. By way of example, and without any limitation, the concept of “force majeure” covers in particular the following events: natural disasters, such as hurricanes, floods and earthquakes, wars, terrorist attacks, threats of terrorist attacks , civil wars, strikes, fires, epidemics, etc.

7.1. When purchasing Goods, the Customer has the option of terminating the contract without giving any reason, within a period of fourteen days. The withdrawal period expires 14 days after the date on which the customer or a third party, other than the carrier, designated by the Customer, physically takes possession of the Goods. This right of withdrawal does not apply to Goods manufactured by BAMink in accordance with the customer’s specifications. To exercise their right of withdrawal, the Customer must inform us of their decision to terminate the contract via our Contact section or by e-mail info@bamink.be. To comply with the withdrawal period, you just need to send your notification concerning your exercise of the right of withdrawal before the expiry of the said period.

7.2. When the Customer terminates the contract in accordance with the preceding paragraph, all the payments he has made up to this time, including the delivery costs (with the exception of additional costs linked to the choice of a delivery method other than the cheapest standard delivery offered by us) will be reimbursed to him without delay and in any case not more than 14 days after BAMink has been notified by the Customer of its decision to terminate the contract. BAMink may however withhold the reimbursement until it has recovered the Goods, or until the Customer has established that it has been duly returned, whichever comes first. BAMink reimburses the customer by bank transfer, unless the Customer has expressly accepted another method; however, no costs will be charged to the Customer for said reimbursement.

The Customer must return or deliver the Goods to BAMink without delay and in any case not more than 14 days after the date on which he communicated to BAMink his decision to terminate the contract. The Customer is on time as soon as he returns the Goods before the expiration of the period of 14 days. The direct costs of returning the goods are borne by the Customer.

The Customer is solely responsible for the depreciation of the Goods resulting from use beyond what was necessary to establish the nature, characteristics and functioning of the Goods. BAMink reserves the right not to reimburse the depreciation resulting from the handling of the Goods beyond what was necessary to establish the nature, characteristics and functioning of the Goods. The Customer must therefore handle the Goods with care.

7.3. Precautions with BAMink objects.

8.1. All our Goods benefit from a guarantee of conformity in relation to their description on the specific page of the website which concerns them. BAMink checks the condition of each of its Goods before dispatch; BAMink takes care to inspect and photograph each of its Goods before dispatch for subsequent verification of their condition if necessary.

Each Goods is at least covered by the legal guarantee as referred to in article 1649bis and sqq. of the Belgian Civil Code and this for a period of 2 years after delivery. This period begins the day after delivery made to the delivery address as communicated by the Customer. The Order Confirmation and the delivery note constitute the only form of proof of guarantee and must be able to be presented in order to claim the legal guarantee regulation. Sales to non-consumers are excluded from this warranty regulation.

8.2. However, despite all of these precautions and upon receipt of damaged Goods, it may be returned and exchanged or refunded. All complaints, requests for exchange or reimbursement must be made by e-mail within 14 days of delivery. The data on the Order Confirmation and the delivery note must be indicated in the email sent by the Customer to BAMink. The addition of photos of damaged Goods is required to allow efficient processing of the file. Complaints about visible damage made after this time are no longer accepted. The Goods must be returned to us after agreement of BAMink in the state in which you received them and with all the elements (accessories, packaging, instructions …).

Only in this case, if all these conditions are met and after receipt of the package by BAMink, the Customer may obtain reimbursement of the Sale Price and shipping costs based on the price invoiced. Return costs remain the responsibility of the Customer or the carrier.

8.3. In the event of apparent damage to the package and / or to any Goods due to transport, the Customer must refuse the damaged package and indicate “refusal for product (s) damaged during transport” on the return slip. In other words, upon delivery, the Customer is always required to mention any visible damage (including damaged packaging) on ​​the delivery slip. Otherwise, complaints about visible damage will no longer be accepted.

For any claim relating to apparent damage during the delivery of the Goods, the Customer must, as soon as possible, contact BAMink by e-mail in order to preserve BAMink’s rights in relation to the carrier as well as to initiate the procedure for return within the time limits (maximum 14 days after receipt of the order).

All texts, furniture, illustrations, works and images reproduced or represented on the Goods and on our site are strictly reserved under copyright as well as intellectual property and for the whole world, with regard to the intellectual and exclusive property of BAMink as well as that of the artists and designers presented (for their respective works). As such, only use for private use is authorized, subject to different, even more restrictive, provisions applicable to intellectual property (in particular Book XI “Intellectual Property” in the Code of Economic Law). Any reproduction or representation in whole or in part of the Goods and of our site or of all or part of the elements found on the said Goods and on the said site is strictly prohibited.

The corporate names, brands, distinctive signs and other figurative elements, whether registered or not, reproduced on the Goods and our site are protected under trademark law and also remain the exclusive property of BAMink. Reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark owner. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site. Any link to the BAMink website requires the prior acceptance of BAMink.

The violation of the rights of BAMink exposes its author to the sanctions provided for both by the provisions specific to intellectual property law and by the Civil Code in matters of civil liability (e.g. articles 1382 et seq.).

The interpretation and implementation of any Contract formed between the Client and us will be exclusively governed by Belgian law.

All disputes arising from the interpretation or implementation of any Contract formed between the Client and us will be the exclusive jurisdiction of the competent courts of the judicial district of Liège (in Belgium). An amicable solution should however be favored.

The interpretation and implementation of any Contract formed between the Client and us will be exclusively governed by Belgian law.

All disputes arising from the interpretation or implementation of any Contract formed between the Client and us will be the exclusive jurisdiction of the competent courts of the judicial district of Liège (in Belgium). An amicable solution should however be favored.

BAMink is taking as much care as possible regarding the current situation.

We minimise contact with objects as much as possible in order to have no risk with covid 19.

BAMink does not take over deliveries. It is via Bpost, so if there is a delay BAMink is not responsible for the situation.