GENERAL TERMS AND CONDITIONS
ARTICLE 1 - GENERAL
1. These general terms and conditions apply to all agreements between Arte-Fact BV and the customer.
2. Any modifications to the contract or deviations from these terms are only valid if agreed upon in writing by both parties.
3. Arte-Fact BV expressly rejects the applicability of any general terms and conditions provided by the customer.
ARTICLE 2 – CONTRACT FORMATION
1. A contract is only established upon Arte-Fact BV’s explicit acceptance of the customer’s offer.
2. Arte-Fact BV is not bound by any statements made in a (written) quotation, including but not limited to those regarding the author, origin, date, age, authenticity, provenance, or condition of an artwork, unless such statements are incorporated into the final contract. Articles 3 and 4 of these terms apply to such statements once included in the contract.
ARTICLE 3 – CONDITION AND ATTRIBUTION OF PAINTINGS
1. All paintings are sold “as is,” as described and photographed by Arte-Fact BV. The customer accepts the artwork’s condition, which was or should have reasonably been known at the time of purchase.
2. Given the natural aging of old master paintings, it is inevitable that signs of wear, damage, imperfections, professional restoration, and/or repair will be present.
3. Condition reports are available upon request.
4. Any statement about the physical condition, attribution, or other characteristics of a painting, whether oral or written, is made to the best of Arte-Fact BV’s knowledge and intent but cannot serve as a complete condition report.
ARTICLE 4 – PRICES, PAYMENT, AND TRANSFER OF TITLE
1. All prices are in euros, including VAT, unless otherwise stated.
2. The customer must make payment by transferring the amount to Arte-Fact BV’s bank account within 14 days of the invoice date, unless otherwise agreed in writing.
3. If payment is not made within the 14-day period, Arte-Fact BV reserves the right to pursue legal remedies, including but not limited to:
a. Charging interest at an annual rate of 10%;
b. Holding the customer liable for the total amount due, including interest, legal fees, and costs incurred by Arte-Fact BV, such as storage and insurance fees;
c. Cancelling the sale.
4. The customer does not acquire legal title to the artwork until the full amount has been received by Arte-Fact BV in cleared funds.
ARTICLE 5 – COLLECTION AND SHIPPING
1. Arte-Fact BV will either ship the sold artwork(s) to the customer or allow the customer to collect the artwork(s) from its office once full payment has been received.
2. The customer is responsible for shipping costs, import/export duties, packaging, and insurance unless otherwise agreed in writing.
3. The risk and responsibility for the artwork (including frames) transfer to the customer once Arte-Fact BV receives full payment.
ARTICLE 6 – APPLICABLE JURISDICTION
1. The relationship between Arte-Fact BV and the customer and/or third parties shall be governed exclusively by Belgian law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
ARTICLE 7 - LIABILITY
1. Arte-Fact BV is liable only in cases of intentional misconduct or gross negligence in fulfilling the contract. Under no circumstances will Arte-Fact BV’s liability exceed the purchase price paid by the customer.
2. Arte-Fact BV is not liable for damages caused by third parties, whether or not these parties are engaged by Arte-Fact BV.
ARTICLE 8 – RIGHT OF WITHDRAWAL
1. This article applies only to distance contracts and off-premises contracts between Arte-Fact BV and EU consumers, as defined in the Consumer Rights Directive 2011/83/EU. Customers outside the EU cannot claim any rights under this article or the directive.
2. A consumer is defined as a natural person who enters into a contract with Arte-Fact BV for purposes outside their trade, business, craft, or profession and who has their habitual residence within the EU.
3. When purchasing artwork, an EU consumer has the right to withdraw from a distance or off-premises contract within 14 days, without providing a reason. The withdrawal period begins the day after the artwork is received by the consumer or a third party designated by the consumer (other than the transporter).
4. To exercise the right of withdrawal, the consumer must notify Arte-Fact BV by letter, email, or any other clear communication. The consumer bears the burden of proving that the right of withdrawal was exercised in accordance with this article.
5. The consumer must return the artwork to Arte-Fact BV in its original condition within 14 days of giving notice of withdrawal. The consumer is responsible for any reduction in the artwork’s value resulting from handling beyond what is necessary to assess its nature and characteristics. The cost of returning the artwork is borne by the consumer unless otherwise agreed in writing.