Terms of Sales
​
​
1 - Definitions
​
Artwork : Original design created by the Author, it is protected by the international laws about intellectual property (author’s rights, related rights and copyright).
​
Seller : Individual or corporation who provide the Artwork in strict compliance with these Terms of Sales. In this case, the Author and the Seller are the same individual, administrator and manager of the Dessinator.be website.
​
Buyer/Customer : Any individual or corporation who, by means of payment, is provided with the Artwork in strict compliance with these Terms of Sales.
​
Author : Individual who creates the Artwork in as a whole and hold over it the exclusive rights of reproduction, adaptation, commercial distribution and representation.
​
​
2 - Description
​
These Terms of Sales apply to every sale concluded between, on one hand, the Seller Dessinator.be (Odysseas CHRISTIDIS, info@dessinator.be), affiliated to PRODUCTIONS ASSOCIEES ASBL, registered in the “Banque Carrefour des Entreprises de Belgique” with the number 0896.755.397 (TVA BE 0896.755.397) whose head office is located at 62 Rue Conraets, 1060 Brussels, Belgium, and on the other hand, the Buyer, through the www.dessinator.be website. The Seller and the Buyer are jointly named the “Parties”.
​
These Terms of Sales define the rights and obligations of the Parties as part of the sales of products/services through the website and specify the order, delivery and payment terms, the privacy policy and applicable law.
​
Any order requires prior consultation and express acceptance of the Terms by the Buyer, without this acceptance being conditional on a handwritten signature from the Buyer. In accordance with the provisions of the law of July 9, 2001 setting certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the entire order and the enforceability of sums due in execution of the order.
​
The Buyer declares to have full legal capacity.
​
The Artworks presented on the Dessinator.be website are not contractual; each Artwork is personalized according to the Buyer's wishes.
​
Original Artworks may differ slightly from their digital and/or printed versions.
​
The Seller holds the right to display on the website any Artwork designed as part of his business.
​
These Terms of Sales apply excluding all other terms. They may be modified by the Seller and must be accessible at all times on the website.
​
​
3 - Authorisations
​
A. The Seller authorizes the Buyer to use the Artwork or the copies of it, to display it and copy it for private purposes, under the conditions of these Terms. The Buyer is allowed to use those rights for the entire duration of applicable rights and non-exclusively. Those rights can be used on any physical or digital means or devices.
​
B. For any use of the Artwork for private purposes on the internet (social media, websites etc…), the Buyer ensures that the mention “©Dessinator.be” will be displayed on every reproduction of said Artwork and that a Hyperlink leading to the Seller’s website will be attached to the publication.
​
​
4 - Restrictions
​
A. The Artwork will remain the intellectual property of its Author. It may not be subject of any exploitation, reproduction, copying, distribution, displaying or representation for commercial purposes without the prior express authorization of the Author. Any violation of copyright or related rights will result in legal proceedings with the qualified courts.
​
B. The Buyer states that she/he will not use the Artwork, or any part of it, in a slanderous, discriminatory or indecent purpose. She/he ensures the Artwork will be respected as a whole and that no changes will be brought to it.
C. The Author denies all responsibility related to a dishonest or illegal use of his Artwork.
D. The Seller holds the right to refuse any order without having to justify his refusal. He ensures that the amount of the deposit or the total amount will be refunded within 14 business days following the day the order was made. The Buyer is bound to provide the Seller with all the necessary information to her/his refund.
​
​
5 - Orders
​
A. All orders are made using the form provided to the Customer on the website on which he will include the information necessary for his identification and in particular his last name, first name and delivery address. In doing so, the Customer declares that he fully and unreservedly accepts all of these Terms of Sales and undertakes to pay, initially, the full amount of the deposit and then the balance of the total amount due. The Seller cannot be held responsible for the consequences of incorrect information being given to him. For any other order, a specific contract must be concluded between the Parties.
B. The sale is only effective after payment of the deposit by the Buyer and receipt by the latter of the confirmation e-mail mentioning: 1 ° the main characteristics of the good or service ordered; 2 ° the identity of the Seller, in particular its company number and its commercial name; 3 ° the geographical address of the Seller as well as his e-mail address; 4 ° the total price of the goods or services, all taxes included and all additional transport, delivery and other costs; 5 ° the terms of payment, delivery and performance and the date on which the Seller undertakes to deliver the goods or perform the services; 6 ° the terms and conditions provided by the Seller for handling complaints. The confirmation e-mail constitutes acceptance of the order by the Seller, to the exclusion of the provision of Article 4D.
C. The Buyer will receive by e-mail a sketch of his project for validation or modification, with a maximum of 3 modifications per project. The sale is final only after validation and payment of the balance by the Customer, execution and shipment of the finalized order by the Seller.
​
​
6 - Delivery
​
A. The order is delivered in all cases by e-mail using a JPEG file and a PDF document attachment. The Seller cannot be held responsible for any problems related to the Customer's internet connection or internet supply.
B. In the event that the Buyer wishes to acquire the original Artwork, it will be shipped by BPost using a secure and waterproof envelope. The acquisition and shipping of the original Artwork is free of charge for the Buyer worldwide. The Author's inconspicuous signature will be affixed to the Artwork before it is shipped. The Seller cannot be held responsible for any loss or damage caused to the Artwork during any stage of its delivery.
​
C. In the event that the Buyer selects the "Printing and delivery" option of his/her cards or invitations, the printing is taken care of by ................. ..., a professional Brussels printer meeting all the requirements and quality standards. Printing costs are charged to the Buyer based on the rates applied by the printer. Delivery in Belgium is free of charge for the Buyer. Delivery outside Belgium is chargeable, carried out via BPost, applying the latter's rates. The Seller cannot be held responsible for any loss or damage caused to the order during any stage of its delivery.
D. Delivery is carried out by the Seller worldwide. The order is delivered to the address indicated by the Buyer in the form.
For delivery in Belgium, the Seller will do everything in his power to ensure that the order is shipped to the delivery address within 30 business days following the validation of the order and receipt of the payment. For delivery outside Belgium, the Seller will make every effort to ensure that the order is delivered within 45 business days for the European Union and 60 business days for countries outside the European Union, following the validation of the order. The delivery methods will be specific to the postal services of the concerned country.
​
​
7 - Rates and payments
​
A. All prices and rates are expressed in euros including VAT. They are clearly indicated on the website and on the order summary. The Customer declares to have acknowledged it prior to the validation of her/his order by accepting these Terms. Payments by Credit Card, Paypal and Bancontact are accepted. The execution of the sketch is only done once the deposit has been received by the Seller. The execution of the final order is only done once the total amount established has been received by the Seller.
B. The prices indicated on the website relate only to the graphic execution of the order, they do not include any processing and shipping costs. These are added to the total of the order and transmitted to the Buyer along with the deposit invoice.
C. Rates and costs can be subject to modifications. Nonetheless, the price is guaranteed to the Buyer as it was indicated to her/him at the time the order was made.
D. Payments take place through the WIX billing process, which is entirely private and secured. Buyers subject to VAT who want a VAT invoice will receive an invoice issued by Productions Associées ASBL and their data will be registered in the Productions Associées ASBL database.
E. Except for the provision of section 4D, no return shipment or refund, deposit or balance, is accepted.
​
​
8 - Estimated delivery times
​
A. These deadlines are indicative, they may vary according to availability, cases of force majeure or circumstances beyond the will of the Seller.
B. Estimated delivery time of the first sketch (by e-mail) is 2 to 5 business days following the payment of the deposit. Estimated delivery time for the finalized order (by e-mail) is 2 to 5 business days following the payment of the balance.
C. Printed cards are shipped every Wednesday and Friday. Estimated printing time depends on the availability of the printing services. Generally it is 1 to 3 business days in Belgium and from 7 days to 4 weeks worldwide. The Seller cannot be held responsible for possible delivery delays.
​
​
​
9 - Privacy policy
​
A. The seller gathers personal data about his Customers, which are communicated to him via the website’s form or by e-mail. He assures that he will not disclose, sell or rent this data to third parties. This data is confidential. It will only be used by the Seller for processing the orders, for improving and personalizing communication, specifically through newsletters/e-mails. It will also be used as part of adjustments to the website to match the Buyers’ preferences, or for solvency follow-ups.
B. Certain data (namely the name, address and VAT number) may be transmitted to the Seller's partners responsible for the delivery or payment only in order to allow the correct processing of the order.
C. The Buyer has, at any time and in accordance with the law, the right to access his data, to modify or delete it. If he no longer wishes his data to be processed, the Buyer can contact the Seller by e-mail at info@dessinator.be.
D. This website is hosted by WIX. WIX may install cookies on your system in order to improve browsing experience. You will be prompted to save your cookie preferences. The cookie policy remains outside the control of the Dessinator (the Dessinator is strong but not all powerful!).
​
10 - Termination
​
A. Any violation of one or more provisions of these Terms of Sales and any Copyright or Author’s right infringement will result in the immediate termination of all rights granted to the Buyer during the sale.
​
11 - Applicable law
​
A. In the event of a dispute, an amicable solution will be sought before any legal action. The Parties have the possibility of contacting a mediator such as the European Commission's dispute resolution platform or the European Consumer Center. In the absence of an amicable settlement, the courts of the judicial district of Brussels, Belgium will have jurisdiction.
​
​
​
​
​​​​​​
​
Legal Notice
​
​
The Dessinator, aka Odysseas Christidis, has his headquarters in Brussels and manages his business through the Non-Profit Organization “Productions Associées ASBL”,
​
Productions Associées ASBL
Address: 62, Rue Conraets, 1060 Bruxelles
VAT registration number: BE 0896.755.397
Company registration number: 896755397
​
​
The administrator of the site www.dessinator.be remains the sole worldwide rights holder for all the content of this website, including drawings, illustrations, paintings, montages, videos, texts, sounds, logos, layouts and others. As such, only the use of these contents for private purposes and limited in time is authorized. It is strictly forbidden for any user to exploit, reproduce, sell and publish all or part of this content.
Anyone who violates these provisions is liable to the civil and/or criminal penalties provided for by Belgian and international law.
​
​
The website www.dessinator.be is hosted by WIX,
​
Wix.com Inc.
Address: 500 Terry A François Blvd San Francisco, CA 94158
Telephone: +1 415-639-9034.
The administrator cannot be held responsible for any malfunction of the services of his host, whatever the cause, but he undertakes to implement all the means at his disposal in order to restore access to the website and its services.
