Terms and conditions

Terms and conditions – Mr Pipe Webshop

Website: www.mrpipe.be
Address: Nono Gallery, Stationsplein 2, 8770 Ingelmunster, Belgium
Phone: +32 473 77 15 77
Email: info@nono.be

1. Identity of the seller

Company name: Mr Pipe
Legal form: Sole proprietorship
Registered office: Stationsplein 2, 8770 Ingelmunster, Belgium
Enterprise number (KBO): 0525.527.489
VAT number: BE 0525.527.489
Contact: info@nono.be – +32 473 77 15 77

2. Scope

These terms and conditions apply to all orders via the Mr Pipe webshop (www.mrpipe.be).
By placing an order, the customer fully accepts these terms and conditions.

3. Product information

All artworks and products are described as accurately as possible on the website.
Images are indicative; minor differences may occur.
Stock: for unique artworks, only one copy is available.

4. Prices

Prices include VAT unless otherwise stated.
Our listed prices are fixed and all-inclusive, applying to goods collected from our warehouses. If the VAT rate changes before the delivery date, the total price will be adjusted accordingly.
Any additional costs, such as shipping, are stated separately during the ordering process.
Transmission, invoicing, luxury, and supply taxes, legalization costs, consular invoices, certificates of origin and bills of lading, and in general all other charges and taxes added to the value of the goods are the responsibility of the customer.
Payment currency: Euro (€).

5. Ordering and formation of the agreement

Orders are placed via the webshop: www.mrpipe.be
After placing an order, the customer will receive an order confirmation by email.
Mr Pipe reserves the right to refuse an order in case of incorrect price listing or unavailability.
We reserve the right to cancel orders placed by the buyer in whole or in part if the goods ordered by the buyer are not available from our manufacturer or suppliers, without the buyer being entitled to any compensation whatsoever.
In the event of cancellation of the order by the buyer, we reserve the right to demand performance of the agreement in accordance with common law, or to consider the agreement dissolved by operation of law after prior notice of default, in which case the buyer shall owe us, by operation of law and without any prior notice of default, a fixed compensation amounting to 40% of the order value within 8 days of the notification of dissolution.

6. Cooling-off period

Off-premises sales: Cooling-off period

Off-premises sales (as mentioned on the front of this contract) include, among others: sales during fairs or exhibitions, during an excursion organized by the seller, as well as via mail, telephone, or other forms of distance selling, as well as at the buyer’s home. This cooling-off period does not apply if the buyer has requested the seller’s visit beforehand and explicitly for the purpose of negotiating the purchase. There is no cooling-off period if the sale takes place in the seller’s shop.

7. Payment

Accepted payment methods: Bancontact, credit card, PayPal.
B2C: All payments by consumers must be made in full in cash upon conclusion of the agreement or, if agreed earlier, no later than prior to the delivery of the goods. The obligation to deliver only arises after full receipt of payment.
B2B: For business customers, the first purchase must be paid in full in cash upon conclusion of the agreement or before delivery of the goods. For all subsequent purchases, a payment term of fourteen (14) days after the invoice date applies, unless otherwise agreed in writing. All payments are made at our registered office in Oostrozebeke or to a bank account in the name of Nono Gallery, Mr Pipe, or Tony Vanooteghem.
Any protest against the invoice must be made in writing by registered mail within 5 days of the invoice date. You are requested to always mention the number and date of the invoice.
Invoices are payable in advance upon delivery or in cash upon collection, unless a due date is specified.
In the event of non-payment of the invoice on the specified date, late payment interest at the rate of 15% per year on the invoice amount shall be due by operation of law and without prior notice of default from the due date. In the event of non-payment, either of a part or of an entire invoice on the due date as a result of negligence or malice and after notice of default, the amount thereof will be increased automatically by 15% (with a minimum of €125 and a maximum of €1,875) as fixed compensation for extrajudicial costs, without this provision being an obstacle to the possible application of Art. 1244 of the Civil Code. Costs associated with unpaid bills of exchange or checks as well as all other collection costs are not included in this fixed compensation and will be charged to the customer separately.
In the event of non-payment, we reserve the right to stop further deliveries. We also reserve the right to consider all agreements dissolved by operation of law and without prior notice of default for the whole or the part not yet executed.
Failure to pay an invoice on the due date results ipso facto in all invoices yet to fall due becoming immediately payable. The issuance of bills of exchange or securities does not result in debt renewal. Any protested bill of exchange entails that other accepted bills of exchange become immediately and by operation of law due and payable. When we accept payment by means of accepted bills of exchange, discount costs are borne by the customer. All sums due are portable. In the event of a dispute, only the Courts and Peace Courts of Kortrijk are competent. Belgian law applies to all contracts. Bills of exchange or accepted securities do not imply a waiver of both clauses.

8. Delivery

Delivery area: Belgium, Netherlands, Germany, France, Italy, Spain, Luxembourg, Austria, Portugal, Greece, Finland, Sweden, Denmark, Ireland, Cyprus, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Malta, Romania, Bulgaria, and Croatia.
Delivery time: standard 3-5 business days after confirmation, unless otherwise indicated.
In case of late delivery, the customer will be informed and a new delivery date will be agreed upon.
Delivery periods are provided for information purposes only and do not bind the seller.
Delay in delivery does not entitle the buyer to compensation or dissolution of the agreement.
If we are unable to perform the agreement due to force majeure, strike, lock-out, etc., we reserve the right to terminate the agreement without any compensation being claimed.
Our warranty obligation regarding defects in the delivered goods does not extend beyond that of our suppliers.
The storage of the goods pending delivery or collection is at the risk of the buyer.
If the buyer refuses to take delivery of the ordered goods, we reserve the right to either demand performance of the agreement in accordance with common law, or to consider the agreement dissolved by operation of law after prior notice of default, in which case the buyer shall owe us, by operation of law and without any prior notice of default, a fixed compensation amounting to 40% of the sales price within 8 days of the notification of dissolution.
The goods are shipped at the risk of the buyer; transport and administrative costs are for the account of the buyer, unless otherwise determined.

9. Right of withdrawal (B2C) – Unique artworks

Consumers generally have the right to withdraw from a purchase within 14 days of receipt.
Exception for unique artworks: No right of withdrawal applies to unique paintings and artworks with a certificate, as these products are special and unique and are not intended for resale.
Customers are clearly informed of this on the product page and at the time of purchase.
For any non-unique products, the right of withdrawal can be exercised within 14 days according to the standard model withdrawal form:

10. Viewing and returns

Returns are not possible; orders cannot be sent back.
Customers have the opportunity to view products in advance at our gallery: Nono Gallery, Stationsplein 2, 8770 Ingelmunster, Belgium.
By placing an order, the customer acknowledges that returns are not possible.

11. Warranty

Mr Pipe only grants the legal warranty as determined by Belgian law.
For consumers, this legal warranty applies for 2 years from delivery.
In case of defects, the customer reports the defect via info@nono.be and receives instructions for handling.

12. Liability

Mr Pipe is not liable for indirect damage or loss of data.
Force majeure: liability is waived in the event of natural disasters, strikes, transport problems, or other circumstances beyond our control.
Liability arising from our deliveries: We are explicitly released from any liability for direct or indirect physical or material damage caused during the delivery and use of the products sold by us.

13. Complaints and disputes

Complaints procedure: via info@nono.be or by letter.
Response time: within 14 days.
B2C: reference to ODR platform: https://ec.europa.eu/consumers/odr/
B2B: disputes are submitted to the court of Kortrijk, Belgium.
Complaints regarding delivery must reach us by registered letter within 5 days of delivery, and in any case before the use or resale of the goods. If applicable, the merchandise concerned must be returned to us within 5 days of the complaint. However, no return, which can only be made by a transport company designated by us, will be accepted without prior written permission.
The replacement of a part of our delivery cannot give rise to the termination of the concluded agreement, nor serve as a pretext for compensation, while the buyer is not authorized to refuse payment of any balance still due on his account.
The colors of the works depicted on our site may always differ slightly from the original works. All works can be viewed in advance at our offices. When ordering online, the buyer automatically accepts possible color differences. The buyer can therefore not dissolve a sale based on such differences.

14. Privacy & data protection

Personal data are processed in accordance with GDPR for ordering, invoicing, and marketing (with consent).
User rights: access, correction, deletion.
Privacy policy: [www.mrpipe.be/contacteer-ons/privacy-beleid]

15. Intellectual property

All texts, images, logos, and software on this website are the property of Mr Pipe and may not be used without permission.

16. Applicable law and competent court

Applicable law: Belgian law applies to this agreement.
B2C (consumers): The consumer can choose the court of his place of residence or the court of Kortrijk.
B2B (companies): For all disputes arising from or in connection with this agreement, the courts of Kortrijk have exclusive jurisdiction, unless the parties agree otherwise in writing. This provision also applies to B2B customers within the European Union, regardless of their place of establishment.

17. Additional B2B-specific

Discounts or price negotiations: according to contract
Contractual obligations: delivery and payment according to agreements

18. Additional B2C-specific

Terms and conditions visible before completing order
Downloadable PDF available: www.mrpipe.be/voorwaarden.pdf
Customer must actively accept via checkbox when ordering

19. Retention of title

Unless otherwise agreed, we retain ownership of all products sold by us until they are paid in full, including interest and costs. The goods may be resold or used by the customer in the context of his normal business operations, but may not be pledged if the price or the agreed installment has not been settled on the due date; in that case, we have the right to dissolve the sale, simply by making our decision in this regard known, and to reclaim the goods still present at the customer’s premises, against the handing over of a credit note for the residual value of the goods.

20. Artwork

1. Ownership and copyrights
Buying the artwork does not entail a transfer of copyrights, except for those rights explicitly mentioned in this article or in a separate copyright contract. All moral and economic rights of the artist, including the right to image and reproduction, remain fully with the artist. These rights are also mentioned in the general terms and conditions of sale.

2. Unique copy and certificate
Each artwork is a unique copy and comes with a certificate of authenticity. The buyer acknowledges that the artwork is unique and that reproduction or multiplication without the artist’s permission is prohibited.

3. Exhibition
The buyer may exhibit the artwork for private use and private exhibition. For public exhibitions, participation in exhibitions, exhibitions in museums, or commercial exhibitions, prior written permission from the artist is mandatory. This is to protect the artist’s interests and not to disadvantage him.

4. Reproduction rights
The buyer is permitted to photograph the artwork or show it on social media for private use, as long as this does not harm the artist’s copyrights. Commercial reproduction or publication is not permitted without the artist’s written permission.