Identity of the seller and service provider BV ATMOS PRODUCTIONS – trading under the names: – Art gallery Nobody&Friends (hereinafter: “ATMOS”) with address for the gallery at Volkstraat 62-64, 2000 Antwerp (Belgium) and registered office Berchemboslaan 12 bus 1, 2600 Berchem. KBO: 0828.789.873 Tel. : +32 475 77 02 05
Email :martine@nobodyandfriends.art
Website: www.nobodyandfriends.
Definitions
1. General Provisions
1.1. These general terms and conditions describe the rules based on which ATMOS will deliver or perform its products and services to you, as a Customer. These terms apply to all our offers, agreements, and products/services.
1.2. By accepting the quotation or offer and concluding the Agreement, the Customer acknowledges having timely taken note of these general terms and conditions and thus accepts to be bound by them in their contractual relationship with ATMOS.
1.3. Every agreement with ATMOS falls under these general terms and conditions, excluding the general terms and conditions of the Customer.
1.4. The fact that the Customer has not received the general terms and conditions in his native language does not exempt him from their application.
1.5. ATMOS will perform the services in accordance with the best standards of the profession, with the understanding that ATMOS enters into an obligation of means.
1.6. ATMOS reserves the right to change its general terms and conditions at any time without personally informing the Customer and without the latter being able to claim any compensation. It is advisable to regularly check whether there have been any changes to the general terms and conditions.
1.7. The fact that a specific Agreement deviates from one of the provisions of these general terms and conditions does not exclude the application of the other provisions.
Article 2. Quotation, price, payment, delivery and shipment
2.1. The price for an available artwork is stated in the gallery when it is part of an exhibition, or on the website/webshop. The prices are expressed in euros. The prices shown on the website include VAT and exclude delivery costs. In the event of direct invoicing by the artist for the purchased work, a VAT percentage of 6% or 0% applies, depending on the VAT status of the artist in question. If ATMOS acts as an intermediary for an artist other than Martine Cuyvers, a VAT percentage of 21% applies. The Customer is responsible for the communications necessary for correct invoicing, in particular for the application of the VAT regulations.
2.2. If a Customer purchases an available work of art in the gallery, he can immediately take the work of art with him upon prior payment via the payment device in the gallery. The invoice will be provided afterwards via email. The Customer declares that he has fully taken note of the work of art and its condition.
2.3. When purchasing via the website/webshop, the Customer can pay immediately via Mollie or by bank transfer within 7 days of receiving the invoice. The artwork will be delivered after receipt of payment, on a date mutually agreed between ATMOS and the Customer. In particular, ATMOS reserves the right to refuse delivery if the online payment is refused by the Customer’s bank or if the invoice has not been paid.
2.4. The Customer has the right to collect the purchased artwork himself or to have it delivered. The risks of loss, damage or theft of the purchase are transferred to the Customer upon delivery to the carrier. The Customer is exclusively responsible for the costs resulting from this. Conditions of the carrier whereby the risk of transport damage is at the expense and risk of the sender are not enforceable against ATMOS.
2.5. If the Customer wants a commissioned work of art according to the Customer’s wishes, the price and payment terms are agreed upon in mutual consultation. Such a quotation is valid for 14 days. The Customer provides all information necessary to complete the assignment. The quotation and indicative delivery times are based on this information. If this information proves to be incomplete or if the order is changed after confirmation of the quotation, the quotation and delivery times may be revised.
2.6. ATMOS cannot be held to the quotation if the Customer can reasonably assume that it contains a material error (for example a typographical error).
2.7. The execution and delivery times specified by ATMOS are always provided without obligation. Under no circumstances will the Customer be able to invoke these periods as a reason for cancellation, termination or dissolution of the Order, for charging damages and/or for refusing to carry out the work and/or for payment. is exceeded as a result of force majeure or other circumstances beyond the control of ATMOS, ATMOS is entitled to extend the delivery period to the extent necessary
2.8. In the event of non-payment on the due date, the outstanding balance will become due in full by operation of law and without notice of default, plus the following compensation: (i) a fixed compensation amounting to 12% of the invoice amount (incl. VAT) with a minimum of €150,00 intended to cover damage of an administrative nature and (ii) default interest of 10% per year that will automatically accrue run from the first day of the month following the month of the due date up to and including the month in which the payment is made.
Article 3. Right of Withdrawal in case of online purchase
3.1. The Customer in his capacity as a consumer has the right to exercise the right of withdrawal within fourteen (14) calendar days after delivery of the artwork without penalty and without giving reasons, as far as an online purchase is concerned. There is no right of renunciation if the artwork and packaging are no longer in their original, complete, undamaged and unused condition. All documentation, warranty certificates and packaging materials sent must be included with the return shipment.
3.2. To exercise the right of withdrawal, the Customer must inform ATMOS of the decision to withdraw from the Agreement via an unequivocal statement (e.g., in writing by mail or email).
3.3. To comply with the withdrawal period, the Customer must send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
3.4. If the Customer withdraws from the Agreement, ATMOS will reimburse all payments received from the Customer, excluding delivery costs, without undue delay and in any event no later than 14 days from the day ATMOS has received the artwork back. ATMOS will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction unless the Customer has expressly agreed otherwise.
3.5. The Customer must send back the artwork or hand it over to ATMOS without undue delay and in any event no later than 14 days from the day on which the Customer communicates the withdrawal from the Agreement. The Customer is responsible for the direct costs of returning the artwork.
Article 4. Termination and Suspension
4.1. In case of serious breach by the Customer, ATMOS has the right to immediately terminate the Agreement without prior notice of default, without judicial intervention, and without any compensation. Serious breach includes but is not limited to non-payment on the due date, bankruptcy, or apparent insolvency of the Customer.
4.2. In case of termination due to serious breach by the Customer, the Customer is liable to ATMOS for damages of at least 30% of the total amount of the Agreement.
4.3. ATMOS is also entitled to suspend the performance of its obligations under the Agreement if the Customer fails to fulfill one or more of its obligations.
4.4. If ATMOS terminates the Agreement prematurely or suspends the performance of its obligations, it will notify the Customer in writing.
Article 5. Liability
5.1. ATMOS’s liability is limited to direct damages caused by ATMOS’s willful misconduct or gross negligence. ATMOS is not liable for any indirect or consequential damages, including but not limited to loss of profits, loss of savings, or loss of business opportunities.
5.2. ATMOS’s total liability under the Agreement is limited to the amount the Customer has paid for the products or services that caused the damage.
5.3. Any claims for damages must be submitted to ATMOS in writing within one month of the occurrence of the damage, failing which the Customer’s right to compensation lapses.
5.4. The Customer is responsible for providing accurate and complete information necessary for the execution of the Agreement. ATMOS is not liable for damages resulting from incorrect or incomplete information provided by the Customer.
Article 6. Intellectual Property
6.1. All intellectual property rights related to artworks sold by ATMOS, including but not limited to copyrights, trademarks, trade names, and patents, remain the property of the artist who created the artwork.
6.2. The Customer is not entitled to reproduce, distribute, or make available to third parties the products or services sold by ATMOS without the prior written consent of the artist who created the artwork.
Article 7. Privacy
7.1. ATMOS respects the privacy of its Customers and complies with the applicable data protection laws and regulations.
7.2. ATMOS collects, processes, and stores personal data of the Customer only for the purpose of executing the Agreement and providing the Products and Services.
7.3. The Customer has the right to access, correct, or delete their personal data. For more information about how ATMOS handles personal data, please refer to ATMOS’s privacy policy available on the website.
Article 8. Governing Law and Jurisdiction
8.1. These general terms and conditions and the Agreement are governed by Belgian law.
8.2. Any disputes arising from or in connection with these general terms and conditions or the Agreement will be submitted to the exclusive jurisdiction of the competent courts in Antwerp, Belgium.
Volkstraat 62-64, 2000 Antwerp
Thu-Fri-Sa 14.00-18.00 and Sun 12.00-17.00 or by appointment
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