Terms of service

1. DESCRIPTION

1.1 The General Terms and Conditions of Sale (GTCS) define the rights and obligations of the parties in connection with the sale of products/services (hereinafter referred to as the "products/services"), via the website www.djaten.com (hereinafter referred to as the "site"). These GTCS govern all sales of products made on the site.

1.2 The GTCS are concluded between PRODUCTIONS ASSOCIEES ASBL, registered with the Crossroads Bank for Enterprises of Belgium 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, the 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 GTCS by the buyer, without this acceptance being conditional upon a handwritten signature by the buyer. In accordance with the provisions of the Law of July 9, 2001 setting out 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 serves as proof of the entirety of the order and the enforceability of the sums due in execution of the order.

 

1.4 The buyer declares to have full legal capacity.

 

2. PRODUCTS/SERVICES FOR SALE

 

The products/services offered for sale are those that appear on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the buyer, and within the limits of available stocks. The seller uses all reasonable means to display product/service availability in real-time on the site, but cannot be held responsible if a product is no longer available to fulfill the order. The buyer acknowledges that Djatën products are artistic creations produced by 3D printing. Slight layer lines may be visible, which is inherent to the technology and does not constitute a lack of conformity. In the event of unavailability of one 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 and inclusive of VAT. This price is valid in countries where delivery is possible and does not include processing and delivery fees, which are also 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 invoiced on the basis of the purchase price in effect at the time the order is placed.

3.2 When 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, and the chosen delivery method, and are inclusive of VAT. The buyer can view the amount of these fees on the site by checking their "Cart", which displays a calculation of the total amount corresponding to the purchase price of the products/services and the fees.

The seller reserves the right to modify the amount of the fees at any time, but fees will be invoiced 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 under their right of withdrawal.

3.3 Products/services are only delivered to countries for which the site permits delivery. Any incorrect delivery address is the buyer's responsibility and may incur additional charges. Indicated delivery times are not binding but are provided for informational purposes only. No delay in delivery may give rise to compensation or damages for the benefit of the buyer. The seller reserves the right to make partial deliveries. In case of non-delivery of goods, any sums paid by the buyer will be refunded without interest or compensation.

4. ORDERING TERMS

4.1 To place an order, the buyer must complete the order form provided on the site, entering the information necessary for identification, including first name, last name, and delivery address. By doing so, the buyer declares full and unreserved acceptance of all present GTCS and undertakes to pay the total amount due in full. The seller cannot be held responsible for the consequences of providing incorrect information.

4.2 As Djatën creations are produced on demand, the printing process begins as soon as the order is validated. No cancellation or refund "during production" can be accepted prior to actual receipt of the product by the buyer.

4.3 The seller will confirm each order by sending an email mentioning in particular:

  • 1° the main characteristics of the ordered good or service;

  • 2° the identity of the seller, including its enterprise number and commercial name;

  • 3° the seller's geographical address, telephone number, and email address;

  • 4° the total price of the goods or services including all taxes and all additional freight, delivery, or other charges;

  • 5° payment, delivery, and performance arrangements, and the date by which the enterprise undertakes to deliver the goods or perform the services;

  • 6° the complaint handling policy provided by the enterprise;

  • 7° the conditions, time limit, and procedures for exercising the right of withdrawal;

  • 8° the conditions under which the consumer will not benefit from the right of withdrawal, as outlined in Art. 7 of the GTCS;

  • 9° the existence of a two-year legal guarantee of conformity (one year for second-hand products), as provided for by articles 1649bis to 1649octies of the Civil Code, and a guarantee against hidden defects, as provided for by articles 1641 to 1649 of the Civil Code and Art. 10 of the GTCS;

  • 10° the possibility of addressing the European online dispute resolution platform to initiate an out-of-court settlement procedure;

  • 11° where applicable, the existence and conditions of consumer after-sales assistance, after-sales services, and commercial guarantees;

  • 12° where applicable, the existence of applicable codes of conduct and how to obtain a copy;

  • 13° where applicable, the duration of the contract or, if the contract is of indefinite duration or extended automatically, the conditions for terminating the contract;

  • 14° where applicable, the minimum duration of the consumer's obligations under the contract;

  • 15° where applicable, the existence and conditions of deposits or other financial guarantees to be paid or provided by the buyer;

  • 16° where applicable, the functionality of digital content, including applicable technical protection measures;

  • 17° where applicable, any relevant interoperability of digital content with hardware and software that the seller is or should reasonably be aware of. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relationship 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, total or partial non-payment of a previous order, refusal of authorization of payment by credit card issuing institutions, or for any other valid reason. In such cases, the seller's liability cannot be engaged under any circumstances.

5. PAYMENT TERMS

5.1 Payment for purchases is made by Visa or Mastercard credit cards, "Maestro" debit cards, or via PayPal.

5.2 Ordered products remain the property of the seller until full payment of the purchase price and fees indicated during the order process.

6. DELIVERIES

6.1 Delivery is carried out by the seller in Europe (Belgium, France, Luxembourg). Other delivery zones may become available in the future. Any taxes and import duties are the responsibility of the buyer.

6.2 The order is delivered to the address indicated by the buyer.

6.3 For delivery in Belgium, the seller will make every effort to ensure the order is dispatched to the delivery address within thirty working days following validation of the order and receipt of payment. The courier will present themselves at this address between 8 AM and 6 PM on business days, delivering the package(s) to the recipient or any other person present at the indicated address. In case of absence, a notice will be left at the delivery address.

It will then be up to the buyer to contact the courier to arrange either a new delivery date at the same address, a new delivery date at a new address, or a collection at the nearest post office. Failing to do so within 15 days from the date of the notice left by the courier, or if the buyer is absent during the new delivery attempt, the order will automatically be returned to the seller, who will contact the buyer to schedule a new delivery. In this case, additional delivery fees may be charged to the buyer.

6.4 For delivery outside Belgium, the seller will make every effort to deliver the order within 45 days for the European Union and 60 days for countries outside the European Union, following validation of the order. Delivery terms will be subject to the postal services of the destination country.

6.5 If the buyer designates the carrier, the transfer of risks to the buyer occurs at the moment the ordered products are made available to the carrier. Proof of this availability will be materialized by the tracking system used by the carrier.

6.6 The buyer is responsible for checking shipments upon arrival and formulating any reservations or claims that appear justified, or even refusing the package if it is likely to have been opened or shows obvious signs of damage. If there are any claims following receipt of the order (in particular broken parts during transport), it is required to send an email to djatenwork@gmail.com with the subject "Delivery Claim", including supporting photos, within 48 hours of receiving the order.

Upon verification of the damage, and only after the buyer provides video proof of the total destruction of the damaged piece (to prevent duplicates), a new production run will be initiated. Re-shipping costs for the new piece are borne by the seller.

7. RIGHT OF WITHDRAWAL AND RETURN TERMS

7.1 The buyer has a period of fourteen (14) calendar days, starting from the day after delivery, to withdraw from the purchase without penalty and without giving any reason, in accordance with the Belgian Code of Economic Law. Within this timeframe, the buyer must notify the seller of their intention to exercise their right of withdrawal by sending an email to djatenwork@gmail.com, including the buyer's full name, a detailed description of the item(s) concerned with reference to the invoice number and date, or by completing the form available on the FPS Economy website.

7.2 Returns to the seller must be sent to the address referenced on the package, unless contrary instructions are communicated to the buyer, who must retain proof of shipment.

7.3 If the buyer wishes to request an exchange instead of a refund, this should be specified in the email; the seller will communicate item availability, as well as any additional payment or partial refund required.

7.4 All costs and risks associated with the return shipment are the exclusive responsibility of the buyer. The buyer is required to return the product using a delivery service that includes tracking and insurance covering the full value of the product in the event of loss or damage (breakage). If the product reaches the seller damaged and the buyer did not purchase 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 the notification of their decision to withdraw according to the agreed terms, the seller undertakes to refund the purchase price to the buyer upon receipt of the 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, minus any vouchers or discounts applied to the order. Refunds will be processed in accordance with the terms agreed with the issuing bank.

7.7 The buyer cannot exercise their right of withdrawal if the delivered products have been used, damaged, have missing parts, or if tags/labels have been removed.

7.8 Products must imperatively be returned properly protected, in their original packaging, in perfect condition for resale, accompanied by all accessories, user manuals, etc. Otherwise, they cannot be accepted or exchanged.

7.9 Custom-made or personalized products/services cannot be returned or exchanged under any circumstances.

7.10 Returned products that cannot be accepted by the seller will remain at the disposal of the buyer at the seller's premises. The buyer remains obligated to pay for them. In cases of abnormal or abusive returns, the seller reserves the right to refuse future orders.

7.11 The seller states on the site the conditions, timeframes, and modalities of the right of withdrawal, as well as a model withdrawal form.

7.12 Where applicable, the existence and conditions of after-sales assistance, after-sales service, or additional commercial warranties are specified.

8. PRIVACY PROTECTION REGARDING BUYERS' PERSONAL DATA

8.1 The seller collects personal data regarding buyers, communicated via the site or email. The seller undertakes not to disclose this data to third parties; it is strictly confidential. It will only be used internally for order processing, enhancing and personalizing communication (such as newsletters/emails), customizing the site based on observed 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 use of personal data by third parties, the seller undertakes to inform the buyer in advance and allow them to exercise their right to object. The seller may provide aggregate statistics regarding buyers, sales, traffic patterns, and site information to third parties, but these statistics will not include any personally identifiable information. However, this clause shall not prevent the assignment or transfer of activities to a third party.

8.3 The seller retains personal data only for the duration necessary to fulfill the specific purposes for which it is processed. To determine the appropriate retention period, factors considered include the amount, nature, and sensitivity of the personal data, potential risk, processing purposes, and compliance with legal/regulatory obligations. Once no longer required, data is destroyed.

8.4 Provided legal conditions are met, the buyer has the right to: request information to know if the seller holds personal data and what it entails; access and rectify personal data; request erasure or restriction of processing; and lodge a complaint with the Data Protection Authority. The buyer can exercise these rights via a dated, signed request accompanied by a copy of their ID card for security purposes. Requests can be sent by post to Rue Saint-Gilles, 236 0031, 4000 Liège or by email to djatenwork@gmail.com. If a request is manifestly unfounded, access may be refused and a reasonable fee charged.

9. LIABILITY

The seller only undertakes obligations of means for all stages of site access, ordering, delivery, or subsequent services. The seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet, such as service outages, external intrusions, computer viruses, or events qualified as force majeure. In any event, the seller's liability under these GTCS shall not exceed the amount paid or payable during the transaction giving rise to said liability.

10. GUARANTEE OF CONFORMITY

Products/services benefit from the legal guarantee of conformity provided by Articles 1649bis to 1649octies of the Civil Code, and the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code. The buyer has the right, among other things, to obtain free repair or replacement of products displaying a lack of conformity within two years of delivery (one year for second-hand items), provided the claim is submitted within two months of discovering the defect.

The guarantee does not cover damage caused by exposure to heat exceeding 60°C (risk of deformation of PLA and other sensitive materials).

11. INTELLECTUAL PROPERTY

The content of the site, including underlying technology, is protected by copyright, trademark, or other intellectual property rights. The seller authorizes the buyer to place a simple link pointing directly to the seller's site on their own website.

Conversely, any hypertext link directing to the site using framing, in-line, 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 forbidden without written agreement from the artist.

12. CONTACTING THE SELLER

The buyer can contact the seller using the contact form available in the "Contact" section or via email at djatenwork@gmail.com.

13. SEVERABILITY AND ENTIRETY

If one or more stipulations of these GTCS are deemed invalid, the remaining stipulations will retain their full force and scope.

14. PROOF

Computerized records stored in the IT systems of the seller and its partners will be considered proof of communications, orders, and payments between parties. The parties accept electronic evidence (e.g., emails, backups, etc.) within the framework of their relationship.

15. AMENDMENTS

The seller reserves the right to modify the GTCS and will communicate the updated version to the buyer via the site.

16. APPLICABLE LAW AND JURISDICTION

The GTCS are governed by Belgian law. In the event of a dispute, an amicable solution will be sought prior to any legal action. The buyer and seller also have the option to address the European online dispute resolution platform. Failing an amicable settlement, the courts of the judicial district of Brussels shall have jurisdiction.