1.     Scope

These General Terms and Conditions apply to the services of Glowing Roots, with registered office at 1541 Sint-Pieters-Kapelle, Brikstraat 15, with company number BE0776.661.083, legally represented by Rika Dehombreux.

These terms and conditions cover all services, products, offers and agreements of Glowing Roots.

These General Terms and Conditions also apply to additional and follow-up assignments of Glowing Roots.

Deviations from these terms and conditions shall only be valid if expressly agreed in writing.

Customer" refers to any natural or legal person for whom Glowing Roots creates a unique and authentic work of art, which is delivered with a certificate of authenticity.  In addition, Glowing Roots also offers other customized works, such as online courses and prints 'on demand' of existing artworks.

Glowing Roots reserves the right to change the General Terms and Conditions at any time.  The most recent version of the General Terms and Conditions can always be consulted on the website: www.glowingroots.com. Amendments do not affect any current agreements.

2.     Engagement

2.1. There is an agreement when the client gives a written assignment to Glowing Roots. Such a written order has various forms, including a signed quotation, a signed contract, a letter, an e-mail or a completed registration or application form of Glowing Roots. It is also possible that Glowing Roots, in consultation with the client, sends an e-mail to confirm a verbal assignment.

2.2. With regard to custom orders, a contract will be drawn up in which all provisions such as dimensions, materials, delivery time, cost price, ... will be laid down.   

2.3. Glowing Roots offers unique and authentic works, which are delivered with a certificate of authenticity.  In addition, Glowing Roots also offers other customized works, such as online courses and prints 'on demand' of existing artworks.

2.4. The shipment of purchased goods takes place within two weeks after purchase.  As far as customized orders are concerned, a deadline is always agreed in the contract (see 2.2.).

3.     Correctness of data

The customer is responsible for the accuracy of their data at the time of registration or during the term of the agreement.  Any changes in customer data should be communicated as soon as possible to rdehombreux@glowingroots.com.

4.     Prices

Glowing Roots clearly communicates prices in its communications with the customer via email or web forms.   

All services, with the exception of a custom order- must be paid for immediately upon making the appointment (via bancontact (app), online or wire transfer). 

For custom orders, half of the agreed price shall be paid in advance.  In the event of late payment, the client shall owe the statutory default interest and extrajudicial collection costs up to an amount of 15% of the amount not paid on time.

Glowing Roots has the right to change its prices at any time if it deems it necessary. These changes will not affect agreements that were already in place at the time of the changes.

5.     Suspension, early dissolution or cancellation of the contract and returns

5.1.  In case of purchase: If the work does not meet your expectations, it is possible to return it to Glowing Roots within 5 working days of receipt, provided that the work has not yet been exhibited, framed differently, worn or used, damaged or altered.  In case of such return, the work must be packaged in exactly the same way.  The cost of this shipment is at the expense of the customer.  Glowing Roots is then obliged to refund the purchase price excluding the shipping costs.

5.2. In the case of customised orders, specials and the purchase of digital products (e.g. an online course): There is no possibility of return and/or cancellation for orders that are customized works.  The paid deposit is also non-refundable. There is never a possibility of return and/or cancellation for digital products. There is never a possibility of return and/or cancellation for specials.

5.3. Glowing Roots has the right at all times to temporarily or prematurely suspend and/or terminate the agreement or to refuse the agreement if:

- the customer does not comply with his payment obligations.

- the customer does not comply with these conditions.

5.4. If one of the parties can no longer meet its obligations under the Agreement due to a state of bankruptcy or judicial reorganization or any other impairment of creditworthiness, each party shall have the right to terminate the Agreement immediately, unilaterally and without further notice by registered mail.

6. Force Majeure

In case of force majeure Glowing Roots is discharged by right and not bound to comply with any obligation towards the Customer. Force majeure means the situation in which Glowing Roots' performance of the agreement is, in whole or in part, whether temporarily or not, prevented by circumstances beyond Glowing Roots' control, even if such circumstance could have been foreseen at the time the agreement was entered into. The following cases will all be considered force majeure: machine breakdown, strike or lockout, fire, riot, war, epidemic, flood, high absenteeism, electrical, computer, internet or telecommunications failures, governmental decisions or interventions (including refusal or cancellation of a permit or license), fuel shortages and errors or delays attributable to third parties.

If Glowing Roots is prevented from fulfilling the agreement due to any form of force majeure, it is entitled to suspend the execution of the agreement. In that case, the Customer is not entitled to compensation for damage, costs or interest.  However, Glowing Roots will make the necessary efforts to offer the Customer an alternative.

7.     Liability

The agreement between Glowing Roots and the Client is based on an obligation of effort and not on an obligation of results.

The customer is at all times responsible for what he does with a purchased work of Glowing Roots. Glowing Roots cannot under any circumstances be held responsible for improper use of the work.

8.     Intellectual property rights, copyright, copyright

All intellectual property rights related to the artwork, website, social media channels, physical and digital products remain with Rika Dehombreux, owner of Glowing Roots.

No part of this work may be reproduced, stored in a retrieval system, transmitted or made available to third parties in any form or by any means (electronic, mechanical, photocopying, photography, etc.) without the prior written permission of the author.

9. Processing of Personal Data

Glowing Roots is committed to correctly processing your personal data in accordance with legal requirements. 

Customer confirms having received Glowing Roots' privacy policy, and Customer confirms that it has accepted the terms of Glowing Roots' privacy policy regarding the processing of personal data. 

10.   Complaints

If the customer is dissatisfied with Glowing Roots' products or services, he can let us know by sending an e-mail to rdehombreux@glowingroots.com. Glowing Roots will respond to a complaint that has been formulated as clearly as possible and, if the complaint is justified, will correct it as soon as possible.

Complaints regarding the purchase must be reported within 2 days of receiving the product, otherwise no refunds can be made. The payment obligation remains in force even if the customer has sent a complaint.

11.   Disputes

The interpretation and execution of the Agreement shall be governed by Belgian law.  Any dispute of any kind shall fall within the exclusive jurisdiction of the courts and tribunals of the judicial district in which Glowing Roots' registered office is located.

If any provision of these General Terms and Conditions should be declared void, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. 

Last modified version: December 8, 2021