Algemene voorwaarden.
1. Toepassingsgebied – Identiteit van het bedrijf
Deze Algemene Voorwaarden (hierna “AV”) zijn van toepassing op alle verkopen die worden afgesloten via de website cosmoswildart.com (hierna de “Website”).
De Website wordt geëxploiteerd door Marinela de Nascimento, eenmanszaak ingeschreven bij de Kruispuntbank van Ondernemingen (KBO) onder nummer 0000.000.000, handelend onder de handelsnaam “Cosmos Wild Art”.
Het bedrijf is gevestigd in Waterloo (1410), België, en valt onder het speciale regime van kleine ondernemingen (btw niet toepasselijk – artikel 56bis van het BTW-Wetboek), wat betekent dat er geen btw wordt toegepast.
Contact email address: contact@cosmoswildart.com
By confirming their order, the customer acknowledges having read these GTC and accepts them without reservation.
The GTC may be modified at any time. The applicable conditions are those in force at the time of the order.
2. Products
Cosmos Wild Art offers artistic works and original creations for sale, including:
- Original paintings
- Illustrations
- Art prints (giclée / fine art print)
- Derivative visual or artistic creations
Each creation is handmade and produced within the artistic universe of Cosmos Wild Art. Some works may be produced in limited editions or on demand, which may result in slight variations compared to the visuals shown.
Descriptions and images are provided with the utmost care but are not contractual. Products are offered while stocks last. In case of unavailability, the customer will be informed as soon as possible by email.
3. Prices
Prices are expressed in euros (EUR). In accordance with the special small business exemption scheme (Article 56bis of the VAT Code), Cosmos Wild Art is not subject to VAT. Therefore, the displayed prices are VAT not applicable, and no VAT will be charged. Shipping costs are added to the product price when finalizing the order, on
the payment/checkout page. Cosmos Wild Art reserves the right to modify its prices at any time. The prices applied will be those displayed at the time of the order. In the event of an obvious error in the price of a product, Cosmos Wild Art reserves the right to cancel the order and refund the customer.
4. Order
The order is considered final once validated by the customer and confirmed by email. The customer is responsible for the information provided and undertakes to provide accurate information. Cosmos Wild Art cannot be held responsible for address errors or information leading to delays or loss of parcels. By validating the order, the customer confirms their intention to purchase and accepts the GTC without reservation. By placing an order on the site, the customer declares that they are of legal age and legally capable of contracting, or have the authorization of a legal representative.
5. Payment
The customer may pay using the following methods:
- Bank transfer (details provided after order confirmation)
- Secure online payment via the Mollie platform, including: Bancontact, PayPal, Apple Pay, Google Pay, Visa, Mastercard, American Express, Discover, iDEAL
Online payments are processed by Mollie, a secure payment service provider, certified compliant with the PCI-DSS standard. No banking data is recorded or stored by Cosmos Wild Art.
The order will only be shipped or delivered after full payment has been received. Products remain the property of Cosmos Wild Art until full payment of the price.
6. Delivery
6.1 Shipping costs
Shipping costs are automatically calculated when the order is validated, based on the weight, dimensions of the package, and destination country. These costs cover preparation, careful packaging of artworks and art prints, and transport costs.
Shipping costs are clearly indicated before the final confirmation of the order and are added to the product price.
For international deliveries, customs duties, import taxes, or other administrative fees may be applied by the authorities of the destination country. These fees are the customer’s responsibility and are not included in the shipping costs displayed on the site. They may vary depending on the rules and legislation applicable in the destination country.
Cosmos Wild Art reserves the right to modify its shipping rates at any time. Any changes will be displayed on the site before order confirmation.
6.2 Processing and shipping times
Orders are generally prepared and shipped once a week, often on Wednesdays, after receipt of payment.
Delivery times then vary depending on the destination country:
- Belgium: 2 to 10 business days after shipment
- International: 1 to 4 weeks after shipment (depending on the country and customs controls)
These times are indicative and may vary depending on the carrier and local formalities.
During busy periods (holidays, promotions…), this time may be extended. Delays beyond Cosmos Wild Art’s control may also occur (bad weather, strikes, logistical incidents, etc.). No compensation can be claimed in this case.
6.3 Delivery zones
Deliveries are currently provided in Belgium and internationally via:
- Postal shipment
- Pickup point (selected by the customer)
- Hand delivery (only by appointment, in Waterloo)
6.4 Customer responsibilities – Delivery information
The customer agrees to provide accurate and complete information when ordering (address, contact details, pickup point). In case of error or omission, Cosmos Wild Art cannot be held responsible for failed or delayed delivery.
The customer is informed by email and/or SMS when their parcel is available at a pickup point. They must ensure that their contact details are valid, check spam if necessary, and collect the parcel within 14 business days. After this period, the parcel will be returned to the sender.
6.5 Return to sender and re-shipment
In case of return of the parcel to the sender (non-collection, incorrect address, etc.), the customer will be notified. The costs of any reshipment will be entirely borne by the customer and must be paid before any new shipment.
If no response is received within a reasonable period, Cosmos Wild Art may cancel the order and put the products back on sale.
6.6 Proof of delivery
When the carrier indicates that the parcel has been delivered, this information is conclusive. In case of dispute, no claim for non-receipt can be accepted if the carrier provides proof of delivery (scan or signature upon receipt, photo, etc.).
For international delivery, additional time may be required to locate the parcel. The customer has 30 days from the shipment date to report non-receipt, unless the carrier provides proof of delivery earlier.
In case of suspected theft or delivery error, the customer must contact the carrier directly to open an investigation. Cosmos Wild Art cannot be held responsible for a parcel declared delivered by the carrier. Any evidence provided by the carrier (photo, signature, scan…) is considered proof of delivery.
6.7 Reception
The customer is required to check the condition of their parcel upon receipt. Any anomaly (damaged parcel, missing product…) must be reported within 48 hours to: contact@cosmoswildart.com. After this period, the delivery will be considered compliant. It is advisable to take photos of the parcel in case of visible damage upon receipt.
6.8 Hand delivery
When the customer opts for hand delivery, they are informed by email or SMS as soon as their order is ready. An appointment is then arranged by mutual agreement in Waterloo. The customer has 10 days to collect their order. After this period, it may be canceled or put back on sale, unless otherwise agreed in advance. Payment can be made upon collection, either in cash or via QR code (banking app). No card payment is possible on site.
7. Right of withdrawal
In accordance with Article VI.47 of the Belgian Code of Economic Law, the consumer customer has a period of 14 calendar days from the day after the day on which they,
or a third party other than the carrier and designated by them, take physical possession of the goods, to exercise their right of withdrawal without having to justify their decision.
The right of withdrawal does not apply to works made to order or personalized, in accordance with Article VI.53, 6° of the Code of Economic Law. Returns are not accepted. Consequently, no refund will be granted for a simple desire to return.
7.1 Damaged, defective or incorrect products
If a damaged, defective, or non-conforming product is received, the customer is invited to contact Cosmos Wild Art by email at contact@cosmoswildart.com within 48 hours of receiving the parcel. To allow a quick and efficient handling of the claim, the customer is invited to attach photos of the parcel, the packaging, and the item concerned.
These elements are requested as proof and do not condition the exercise of the right of withdrawal, but are necessary for any request for refund, replacement or other solution related to a defect, damage, or delivery error.
If a refund is granted, it will be made via the same payment method used during the order, unless expressly agreed otherwise.
7.2 Procedure in case of lost, damaged or incorrect parcel
The customer must notify their request within 35 days following the date of purchase by sending an email to: contact@cosmoswildart.com.
The request must contain at least:
- customer’s full name
- order reference
- photos of the parcel (before opening if possible)
- photos of the damaged or incorrect artwork
- description of the problem
Cosmos Wild Art reserves the right to propose, depending on the case:
- a refund,
- a reshipment,
- or an alternative solution.
7.3 Non-conformity and warranty
In accordance with Belgian legislation (Articles 1649bis and following of the Civil Code), all sold works benefit from the legal guarantee of conformity for 2 years from delivery.
This warranty covers exclusively manufacturing or material defects observed under normal use conditions.
The warranty does not cover:
- normal wear and tear
- damage due to improper or non-conforming use
- exposure to water or aggressive products
- unauthorized repairs or modifications
Any defect must be reported within a reasonable time after discovery, by email to: contact@cosmoswildart.com, with photos if possible.
8. Legal warranty
In accordance with Belgian legislation (Articles 1649bis and following of the Civil Code), all sold works benefit from the legal guarantee of conformity for 2 years from delivery.
This warranty covers exclusively manufacturing or material defects observed under normal use conditions.
The warranty does not cover:
- normal wear and tear
- damage due to improper or non-conforming use
- exposure to water or aggressive products
- unauthorized repairs or modifications
Any defect must be reported within a reasonable time after discovery, by email to: contact@cosmoswildart.com, with photos if possible.
9. Care instructions
To preserve the quality and durability of your fine art prints and original acrylic paintings, it is recommended to keep them away from humidity, direct sunlight and significant temperature variations. Avoid any contact with water, chemicals or abrasive surfaces. For cleaning, use only a soft, dry cloth.
Original works being unique handmade creations, slight variations or marks are part of their authenticity. Proper framing and display in a stable indoor environment will help preserve the brightness of colors and the quality of the work over time.
10. Liability
Cosmos Wild Art cannot be held responsible for:
- consequences related to non-compliant use of artworks
- delays or losses caused by delivery service providers
11. Force majeure
Cosmos Wild Art cannot be held responsible for any delay or failure in the performance of its contractual obligations when this delay or failure results from an event beyond its control constituting a case of force majeure.
Force majeure includes, without limitation: natural disasters, fires, floods, pandemics, epidemics, strikes (including transport services), interruptions of communication or energy networks, administrative decisions, armed conflicts, or any other unforeseeable, irresistible and external event beyond the control of Cosmos Wild Art.
In case of force majeure, the performance of obligations is suspended for the duration of the event. If it continues beyond a reasonable time, Cosmos Wild Art reserves the right to cancel the order and refund any amounts paid, without the customer being able to claim any additional compensation.
12. Intellectual property
Photos, images, descriptions, texts, logos, trademarks, videos, and any other content on the website cosmoswildart.com are the exclusive property of Cosmos Wild Art and its creator, Marinela de Nascimento. These contents are protected by copyright and intellectual property rights in force.
Any reproduction, representation, modification, transmission, dissemination or use of the content on the site, including photos of the works, without the express prior authorization of Cosmos Wild Art, is strictly prohibited.
In case of copyright infringement, Cosmos Wild Art reserves the right to seek compensation for the damage suffered and to take all necessary legal measures to protect its rights.
13. Personal data
The website cosmoswildart.com complies with European legislation on personal data protection (GDPR). Data collected via the site are used exclusively for order processing and customer relationship management. Data controller: Marinela de Nascimento, reachable at contact@cosmoswildart.com.
Data are stored securely, not shared with third parties without prior consent of the customer, and deleted when no longer needed for the commercial relationship. In accordance with GDPR, the customer may at any time exercise their rights of access, rectification, deletion or objection to the processing of their personal data by sending a request to: contact@cosmoswildart.com. For more information, please consult our Privacy Policy available on the site.
14. Applicable law – Disputes
These GTC are governed by Belgian law. In case of dispute, an amicable solution will be preferred. Failing that, the Belgian courts will have sole jurisdiction. The customer may also resort to mediation via the European Online Dispute Resolution (ODR) platform or any other amicable solution before bringing the matter before the competent courts.
15. Validity of provided data
The customer is responsible for the accuracy and truthfulness of the information provided. In case of error in the data communicated preventing delivery of the order, no refund of costs can be granted.
Cosmos Wild Art reserves the right to cancel any order deemed suspicious or fraudulent, including orders with inconsistent information or unauthorized payment attempts. In this case, the customer will be informed by email.
16. Acceptance of the GTC
By placing an order on the site, the customer acknowledges having read, understood and accepted all of these General Terms and Conditions of Sale.
