Date of last adjustment: 20th of August 2021

Terms and Conditions

At Artsy Impact, we want to make sure that relations with our Clients run as smoothly as possible. We appreciate the trust you place in Artsy Impact and therefore take your rights very seriously. With the following preliminary information and conditions, we want to give you a clear overview of your rights, and sometimes also obligations. If anything is unclear, please let us know.

Please read this information carefully before agreeing to it. Upon receipt of your registration confirmation by e-mail, your registration is considered final. By placing a subscription, you agree to be aware of our full disclosure of these Terms and Conditions. Artsy Impact may amend these general terms and conditions and the new general terms and conditions will be applicable to a new registration. The registration you are about to place is subject to the current General Terms and Conditions. You can print the text or save it on your computer’s hard disk.

Company Data
Name:  Habiterra BVBA
Adress: Kragendijk 124
Postal Code and City: 8300 Knokke-Heist
Enterprise Number: BE.0865.050.552

Contact Data
Telephone: +32 473 92 99 35
E-Mail: hello@artsyimpact.com
Website: www.artsyimpact.com

Article 1. General Terms

The website of Artsy Impact, a limited company, represented by Charlotte Wybo with registered office at Kragendijk 124, 8300 Knokke-Heist and with company number BE.0865.050.552, (hereinafter “Artsy Impact”) offers its clients Customized Neon Signs, Customized Lightbox and Magnetic Neon – hereinafter our “Products”.

These General Conditions (“Conditions”) are applicable to all its clients (current, former and future), for each visit to or use of the website, use of its platform, offering of its Products and its information by a client (hereinafter the “Client”) to all offers, quotations, work and agreements regarding training and education provided by or on behalf of Artsy Impact and its partners.

In these Conditions the following terms are used in the following sense, unless explicitly stated otherwise:

• Client: “the other contracting party of Artsy Impact”.
• Agreement or Conditions: “any mutual acceptance, confirmed in writing or by e-mail, of delivery of one or more products of Artsy Impact.”
• Products: “The provision of customized neon signs (Glas Neon, Led Neon, Indoor and Outdoor)”

Article 2. Applicability of General Terms and Conditions

By placing an order, the Client agrees that he or she has consulted these Terms and Conditions and explicitly accepts their applicability, to the exclusion of all other terms and conditions. Additional conditions of the Client are excluded, unless they have been previously, in writing and explicitly accepted by Artsy Impact.

By way of exception, provisions of the Conditions can be waived by written agreement. Such deviations may consist of the amendment, supplement or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the Conditions.

General purchase or other general conditions of the Client do not apply to the legal relationship between the Client and Artsy Impact and are explicitly rejected.

If you do not wish to be bound by our Terms and Conditions your only option is not to visit our website, view or otherwise make use of one or more Products and products offered by Artsy Impact. You understand, accept and agree that these Terms establish a legally binding agreement between you and Artsy Impact.

Article 3. Content of the website

Artsy Impact largely determines the content of the website and takes great care of the information on it. All possible measures are taken to keep the website as complete, accurate and up-to-date as possible, even if the information on it is provided by third parties. Artsy Impact reserves the right to change, supplement or delete the website and its content at any time, without any liability.

Artsy Impact cannot offer any absolute guarantee regarding the quality or up-time of the information on the website. As a result, it is possible that this information is not always complete, accurate or available. Consequently, Artsy Impact cannot be held liable for any damage, direct or indirect, that the Client may suffer as a result of the information provided on the website. Statements by Artsy Impact, including images, drawings, statements of capacities, specifications, diagrams, prices, price lists, material lists, brochures and other information on the website or other information channels, with respect to our products and Products are indicative and only apply as an invitation to make an offer.

If certain content on the website is in violation of the law, the rights of third parties or morality, the Client must inform Artsy Impact as soon as possible by sending an e-mail to hello@artsyimpact.com, so that appropriate measures can be taken. Any download from the website is always at the Client’s own risk. Artsy Impact is not liable for any damage, direct or indirect, arising from such downloads, such as loss of data or damage to the Client’s computer system.

Article 4. Confirmation and Cancellation

Before the Agreement, Artsy Impact will send over an offer (price indication) and a digital design of the Product. The Client may choose to provide us with the desired sizes and dimensions of the design beforehand. The Client may also choose to provide us with digital designs (pdf, jpeg, etcetera) themself.

Every Agreement is entered into under the suspensive condition of sufficient availability of the Products concerned. The Agreement is created by Artsy Impact’s confirmation of the Client’s order. Confirmation can be made electronically (via the website or by e-mail), in writing (by letter to our registered office) or verbally.

The order confirmation is deemed to reflect the Agreement correctly and completely, unless the Client objects to it in writing or electronically within two (2) working days after receipt of the order confirmation. Artsy Impact is only bound to its tenders if the Agreement is confirmed by the Client in writing within thirty (30) days.

Cancellation of an order is only possible after a written or electronic confirmation by Artsy Impact after receipt of the cancellation via email. This does not affect the right of Artsy Impact to claim damage suffered (for example lost profit). Cancellation of the order must always be done in writing to the registered office or by e-mail.

The right of withdrawal does not apply due to the fact that our Products are always tailor-made for the Client.

Article 5. Prices and Payment

All prices mentioned on the Artsy Impact website are expressed in Euros and are always inclusive of VAT unless stated otherwise and of all other duties or taxes to be borne by the Client, price changes and typing errors reserved. If delivery, shipping, reservation or administrative costs or other government levies are charged, this will be mentioned separately.

The price stated refers exclusively to the Products as described there. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price. Artsy Impact reserves the right to change the prices of the Products, in particular when a legal price-fixing factor gives rise to it.

Discounts, rebates or other special offers only valid for initial term. Subscriptions renew at the then-current full subscription rates.

Hourly rates are to be adjusted annually in function of the market situation. The price mentioned in the Agreement is binding, unless between the moment of registration and the moment of delivery circumstances arise that increase the cost price of the ordered goods. In that case Artsy Impact has the right to increase the prices accordingly. Such a price increase does not give the Client the right to dissolve the Agreement.

Unless explicitly agreed otherwise in writing, payment will take place without settlement or suspension for whatever reason. The participation fee is due in advance. In case of late or incomplete payment Artsy Impact reserves the right to exclude the participant from participation.

Clients are charged through automated payment via Mastercard, VISA , Google or Apple Pay, SEPA or Paypal Invoices (as pdf-file) are, upon request, sent electronically by e-mail, as proof of payment, to the Client unless the Client requests to receive them by post. In this case, Artsy Impact is entitled to charge an additional cost of € 4,95 per invoice sent by post.

In case of non-payment of the invoice on the due date without serious reason, the balance will be increased – without a notice of default being required – by a fixed penalty of 10% on the total amount of the outstanding invoice with a minimum of €25 and a maximum of €1.500, even when granting periods of grace. The Client shall also lose the benefit of the discount granted on the ordinary rate. Any order formally confirmed or contractually entered into by the Client is irrevocable, whether or not an advance payment has been made. Where appropriate, the advance payment made by the Client shall be deducted from the total price of the order.

The Client is always jointly and severally liable with the legal person in whose name the invoice is requested for all obligations towards Artsy Impact, should problems arise in relation to the payment of the invoice.

Article 6. Execution by third parties

Artsy Impact may, at its own discretion, involve third parties in the implementation of the agreement.

Artsy Impact may transfer rights and obligations from this Agreement to third parties and will inform the client about this. If the transfer of obligations to a third party is not reasonably acceptable to the Client, the Client will have the opportunity to object within five (5) days after receiving the relevant notification. Both Parties will then come to an amicable arrangement where Artsy Impact offers a solution to the objections.

Article 7. Delivery and Delivery Time

Only when the Client returns the order form for confirmation, will Artsy Impact start producing the design.

The Product comes with pre-drilled holes. The installation is very simple and can be done very easily by the Client.

After receiving the advance payment, the Product light will be delivered after approximately 2-4 weeks. For more complex works it can take 4-6 weeks. Upon receipt, the Clients signs for good receipt and for product quality.

The specified or agreed delivery times are always approximate and have been determined on the basis of data and circumstances that were known to Artsy Impact when the Agreement was made. Stated delivery- and/or execution times are never to be considered as strict deadlines. The delivery of its products and Products takes place as soon as possible after a written order and delivery of the necessary information by the client. If there is a risk of the agreed delivery time being exceeded, this shall be communicated as soon as possible. In case of force majeure on the part of Artsy Impact, the term will be extended by the period of that force majeure.

If the Client expresses new wishes during the execution of the current contract, which go beyond the agreements made, these will be considered as a new assignment. Artsy Impact reserves the right to postpone the execution of these new wishes until previous agreements have been settled.

The Client commits to provide Artsy Impact with all information needed by Artsy Impact for the provision of its Products upon request and guarantees the accuracy and completeness thereof. If the client has not complied with this request within a period of four (4) weeks, Artsy Impact stops her activities and the remainder of the agreed upon principal sum is immediately due and payable.

Article 8. Duration

Artsy Impact’s Products are offered for the period necessary to create and deliver the Products, unless otherwise agreed. Except in the case of a written notice of termination, this period is automatically extended by a period of 1 month upon expiry. The Client is obliged to give 1 month’s written notice, which must be given 1 month before the end of the subscription period, be it during the initial period or during the period of extension. Without this notice the contract duration is automatically extended by 1 month and charged without any possibility of reimbursement by Artsy Impact.

Article 9. Liability

Artys Impact provides a two-year garanty on our provided Neon Lights.

Artsy Impact cannot be held liable in any way for the (in)direct damage that could result from consulting or using the information offered on our website or sessions, or from external sources used during the training trajectory. Artsy Impact is not liable for any damage suffered by the Client or any third party as a result of incorrect and/or incompetent use by the Client or any third party of the information (course or training material) provided by Artsy Impact or the Service provided.

Artsy Impact cannot be held liable for problems with the availability of the information caused by technical errors or interruptions caused by force majeure. Artsy Impact is not liable for any damage to person or property caused by accident, loss or theft on the premises of our Products.

Without prejudice to what is specified in the Agreement, the compensation for attributable failure of Artsy Impact for direct damage to the Client, for whatever reason, per event (whereby a connected series of events counts as one event) will not amount to more than the price, excluding VAT, stipulated in the relevant agreement for the performances of Artsy Impact in the period of one month preceding the default of Artsy Impact.
Artsy Impact is not liable for any claims or legal proceedings arising from the unlawful supply of material that violates the legislation on copyright and/or existing brand names.

Artsy Impact is not liable for errors or shortcomings if these are due to software or hardware or data or applications or other materials, not supplied by Artsy Impact and which are faulty and/or which Artsy Impact did not know would be used together with the products or Products supplied by it, or the fact that others than Artsy Impact have made changes to the products or Products.

Artsy Impact is not liable for damage caused by delays, damage due to loss of data, damage due to exceeding the delivery time as a result of changed circumstances, damage due to providing inadequate cooperation and damage due to information or advice given by Artsy Impact of which the content is not explicitly part of a written agreement.

In case of a breach of the Conditions by the Client, Artsy Impact reserves the right to take appropriate sanctions and compensation measures, such as temporarily or permanently denying access to the Products. These measures can be taken without giving reasons and without prior notice. They cannot entail liability for Artsy Impact, nor give rise to any form of compensation.

The Client indemnifies Artsy Impact for any damage Artsy Impact might suffer as a result of claims by third parties connected with the goods or Products provided by Artsy Impact, including

• claims by third parties, including employees of the Client, who suffer damage as a result of unlawful actions by employees (employees and/or freelancers) of Artsy Impact who are made available to the Client and work under the Client’s supervision or on the Client’s instructions;
• claims by third parties, including employees of Artsy Impact, who suffer damage in connection with the execution of the agreement as a result of acts or omissions by the Client or of unsafe situations in his company if applicable;
• claims by third parties who suffer damage as a result of a defect in products and Products delivered by Artsy Impact if the defect in the materials was hidden for Artsy Impact.

Article 10. Termination

The Client shall be deemed to be in default by operation of law and the (remaining) debt shall be immediately due and payable in the event that

• the Client is more than two (2) months in arrears with payments;
• the Client has willfully performed acts that jeopardize, damage or make impossible his professional relationships with Artsy Impact, other existing or future business partners, with its suppliers, with its staff, with other Clients or with the government;
• Artsy Impact has good reason to fear that the Client will fail in his performance and the Client does not comply with a written demand stating such reasons to declare himself willing to comply with his obligations within a reasonable period of time;
• the Client files for bankruptcy, is declared bankrupt, cedes property, applies for a moratorium, or has all or part of its assets seized and this is not done within ten (10) days after seizure;
• the order remains open for more than 6 months due to negligence of the Client;
• the Client is a natural person and dies.

Artsy Impact may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.

If both parties terminate this Agreement by mutual consent, the applicable modalities can be freely chosen. These Terms and Conditions will continue to be applied in perpetuity until explicitly terminated by Artsy Impact, without notice and at any time. The Terms and Conditions cannot be affected by the termination of this agreement.

In case of force majeure, Artsy Impact has the right to regard the agreement as dissolved, without judicial intervention and without being obliged to pay any compensation. By force majeure to meet our obligations applies any strange cause, which cannot be attributed to us, and which prevents the fulfillment of the agreement, or hinders it to such an extent or makes it so difficult, that such fulfillment cannot reasonably be required from us.

Article 11. Links to other websites

The website may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Artsy Impact and the external website or even that there is an implicit agreement with the content of these external websites.

Artsy Impact has no control over external websites and is therefore not responsible for the safe and correct functioning of the hyperlinks and their destination. As soon as the client clicks on the hyperlink, he leaves the website and Artsy Impact cannot be held liable for any damage.

Article 12. Intellectual property

Artsy Impact has the right to advertise and promote or otherwise use uploaded images, documents, or any other educational material on the website and externally on third party platforms, such as Discord.

The material (texts, images, graphics, designs) provided by Artsy Impact to the Client is the property of Artsy Impact or those hired by Artsy Impact. All elements and data of the website provided by Artsy Impact to the Client for placement on our website, including all texts, images, logos, graphics, photos, audio or video clips and updates are assumed to be and remain the exclusive property of Artsy Impact.

All materials provided by Artsy Impact to the Client are intended solely for personal use of the Client or his organisation. The Client is not allowed to multiply and/or publish the obtained information, regardless of the manner in which this is done.

To the extent that all or part of these elements are not the exclusive property of Artsy Impact, Artsy Impact guarantees to have all necessary authorisations and/or licences in view of the use of these elements. These authorisations must, as the case may be, concern:

• the right of reproduction on any digital or other medium, including the right of adaptation needed for the transfer from one medium to another;
• the right of graphical adaptation on any medium;
• the right of electronic distribution as well as, where appropriate, the right to distribute the medium containing these elements;
• the right of communication to the public by wire or wireless means, by any means including, but not limited to, cable, satellite or internet, including the making available to the public of the items in such a way that members of the public may access them from a place and at a time individually chosen by them.

Artsy Impact shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Artsy Impact.

Article 13. Privacy

All information regarding which processing activities we perform, the purposes of these processing activities, the retention period, legal grounds and which type of personal data we process can be found in our Privacy Policy, which can always be consulted publicly on our website and which forms an integral part of these Terms and Conditions. Do you have questions or comments about our Privacy Statement? You can send us your question via the online contact form or via mail to hello@artsyimpact.com.

Article 14. Use of Cookies

By using our website, you agree to our use of cookies. For more information on the use of cookies, what they are used for and how long they are stored on your browser, please refer to our Cookie Policy.

Article 15. Affection of validity – nullity

If any provision of these Conditions is declared invalid, unlawful or void, this shall not in any way affect the validity, lawfulness and applicability of the other provisions. In such a case, this provision will be replaced by another valid and comparable provision.

The failure at any time by Artsy Impact to enforce any of the rights enumerated in these Conditions, or to exercise any of these rights, will never be seen as a waiver of such provision and will never affect the validity of these rights.

In case of contradiction between the text of the website, advertisements or any other statement of Artsy Impact and these Conditions, these Conditions shall prevail.

Article 16. Addition and alteration of conditions

These conditions are supplemented by other conditions which are explicitly referred to, and the Privacy and Cookie Statement of Artsy Impact. In case of contradiction, these conditions prevail. Artsy Impact may amend these terms and conditions at any time without further notice, but undertakes to apply the provisions that were in force at the time when the Client placed a registration.

Artsy Impact reserves the right to change, extend, delete, limit or interrupt the products and Products offered on the website at any time, without prior notice and without any liability.

Article 17. Applicable law – Competent court

Belgian law is applicable. In case of any disputes, only the courts of the judicial district of Bruges are competent.

If any part of these terms and conditions, which constitute the agreement between the parties, should be illegal or null and void for any reason whatsoever, this shall not affect the validity of the other parts of the agreement, unless the agreement could not continue to exist without this null and void clause.