General terms and conditions Belgian Art

1. General provisions

The website www.belgianart.be is owned by Belgian Art Only (BAO) , a private limited company under Belgian law with company number 0758.429.835 . located at 73A Hogerheistraat , 1880 Kapelle-op-den-Bos.

These general provisions apply to the use and functioning of the website, the services offered by BAO and all agreements entered into in that regard. By using the website or our services you fully accept the general terms and conditions.

BAO reserves the right to change provisions of these general terms and conditions. In that case, the new terms and conditions will apply from the time of publication.

BEA reserves the right at any time access to the website www.belgianart.be Year Old nzijdig and without rejecting prior notice to any user of the terms does not comply.

If one or more points from these terms and conditions should prove unenforceable or only partially enforceable, this will not affect the validity of the other provisions.

If BAO does not immediately enforce one or more provisions of the conditions of use, no waiver of rights can be deduced therefrom.

2. Liability

BAO is not responsible for the effective sale or rental of the artworks offered on the website .

www.belgianart.be is a platform where artists and art galleries can show their artworks and offer them for sale or for rent. BAO only plays a service role in this and is not responsible for the effective sale or rental of the works of art displayed on our web site. Products purchased through sellers on the site cannot be returned or exchanged by or through BAO .

The buyer and seller must resolve mutual disputes ( eg damage to a rented work of art, the damaged arrival of a sold work of art, payment problems, the mismatch of a work of art with the photo of the work of art on the website , ...) themselves. BAO will not play an intermediary role in this.

BAO is a service provider that provides host services in accordance with Article XII. 19, §1 of the Code of Economic Law. This includes that BAO not able nor obliged to supervise the legality of the proposed works or the legal capacity and competence g sers.

Accuracy, completeness and reliability of information

The information is provided by third parties, such as photo ' s of art , texts ... do not fall under the responsibility of BAO . B elgian Art Only is not liable for the accuracy, completeness, usefulness, reliability and timeliness of the information on the site and the consequences of every action / decision taken on the basis of the information provided.

Any complaint regarding the information appearing on the description of the products or the deliveries of the products will be forwarded to the designated seller , artist or art gallery , who assumes full and sole responsibility in this regard.

If you are an artist or art gallery offering your works on the website guarantees you that any information that is provided is accurate and up to date and remains and BEA indemnify v an all claims and claims by third parties.

BAO expressly reserves the right to change the information on the website at any time.

Disruptions, interruptions or errors on the website

Under no circumstances do malfunctions, interruptions or errors on the website entitle you to any compensation.

As the site is under constant development, it may be subject to temporary or permanent changes and interruptions without notice .

BAO cannot be held liable in the event of unavailability of the website due to these changes and / or interruptions. BAO reserves the right to temporarily interrupt or change access to all or part of the site without prior notice, in particular to ensure maintenance, or for any other reason, without giving rise to the interruption. for any obligation or compensation.

BAO is not responsible in case of force majeure

For the purposes of these terms and conditions, a case of force majeure shall be any hindrance, restriction or disruption to the service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, malfunction due to the access provider, failure of transmission networks, facility collapse, illegal or fraudulent use of passwords, codes or credentials provided to customer, computer hacking , security breach attributable to site host or developers, flood, blackout, war , embargo, law, order, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond BAO 's reasonable control . In such circumstances BAO is released from the performance of its obligations within the limits of this impediment, limitation or inconvenience.

BAO is not responsible for hyperlinks placed by third parties

The website www.belgianart.be may contain hyperlinks to websites or to web pages of third parties and other parties, or refer to them in some other way. BAO has no control over the content or other characteristics of these websites or web pages and is in no way liable for their content or characteristics. Placing links by BAO in no way implies an implicit approval of the content of these websites or web pages.

BAO has no control over and accepts no liability for the content, policies, terms of use or practices of any third party website or service. As appropriate, you are therefore subject to the policies and terms of use applicable to these third parties.

3. Personal data

Belgian Art Only respects the provisions of the w et on the protection of personal data of 30/06/2018 and the w et on the electronic trading of 11/03/2003, for the collection and processing of personal data. By using our services you agree to our privacy policy . In our p rivacyverklaring explains how BEA your personal data processed t as part of our service, the measures we take to protect your privacy when you visit our w used ebsite, and what are your rights as a subject in that regard. 

To ensure that sellers ( art lovers, artists or art galleries) the anticorruption laws compliance and their sincerity and integrity to verify, especially o m identity theft, tax evasion, money laundering preventing money, BEA can sellers ask for a copy by of the identity card or driver's license. If the seller refuses to provide this information, BAO reserves the right to ban the seller from the website without having to pay any compensation to the seller.

For your safety and to prevent abuse, e-mail addresses of art lovers are protected. Your response to an artwork and any follow-up messages between yourself as a potential buyer and the artist or art gallery are sent through BAO 's servers .

Users with an artist account or art gallery account can decide for themselves whether or not their e-mail address is made publicly visible.

4. Intellectual Property

The texts, drawings, photos, images, data, content and structure of the databases, software, names, trade and domain names, brands, logos and other components of the website are protected by intellectual rights and belong to BAO or third parties. It is prohibited without the prior written consent of BAO to store, reproduce, modify, disclose, distribute or send the information free of charge or against payment, in a manner that violates intellectual property rights.

In addition , users of the website undertake not to use the communication channels in such a way that the rights of a third party are infringed, such as, but not limited to, the rights of privacy and intellectual property. 

If you are an artist or art gallery material (photos, texts, announcements ...) on www.belgianart.be website places , enter BAO free and indefinitely permission to distribute material through its communication channels. You guarantee that you have all necessary permissions from the rights holders (artists, photographers, depicted persons, etc.) and indemnify BAO against all claims from third parties .

You can revoke your consent to distribute the material posted by you through BAO 's communication channels at any time, by letter or e-mail. BAO will then remove the material from its communication channels as soon as possible.

If you believe that your rights are being infringed by material posted on our communication channels, you can report this possible infringement via info@belgianart.be . We undertake to investigate your objection and remove the material ASAP if necessary .  

5 Misuse of the website

Identity fraud

A user of the website can create an account by clicking the "Register" button in the top right corner of the site navigation bar.

To create an account, the buyer must enter a valid email address and password. He undertakes to keep his password confidential . The user is solely responsible for accessing his account through his username and password.

The user undertakes to provide only accurate, complete and up-to-date information and not to copy the identity of a third party. In the event of changes or modifications, the user must immediately inform BAO .

In case of loss, embezzlement or fraudulent use of your username and / or password, agree d e user is it to BAO immediately inform.

The user must not collect information about other users , either manually or automatically. Access to the personal account of another participant is also prohibited.

Comments in violation of Belgian law with regard to the rights of individuals, public order and good morals

The user of the website should not other users harassment, not defamatory, homophobic or make racist comments on the webiste , and not make comments that conflict with applicable Belgian legislation on the rights of individuals, public order and g ood morals.

To report offensive content and other problems such as complaints about fraud , please send an email to info@belgianart.be . In this way we can work together to ensure that the site remains as clean and safe as possible.

If BEA signs and / or symptoms of other g receive sers or other reasons to believe that a particular g is not acting ebruiker in accordance with the law and / or g ebruiksvoorwaarden and / or other requirements, or BAO can - if we do so see cause - for safety reasons and to protect our users, take the following measures, among other things:

• BAO can limit the functionalities for this user. You can think of, for example, suspension of the account of the user in question, the removal of reviews, the limited placement of artworks or comments, etc.
• BAO can remove one or more artworks from the user without refund of the amount paid by the user.

BAO can also take these measures if you make unreasonable use of the w ebsite, for example if your use hinders other users or disrupts the proper functioning of the w ebsite .

If there is reason to do so, BAO can pass on the personal data of the data subjects, for example to the police , within the limits of the law.

6 Subscriptions

Artists and art galleries can sign up for an annual subscription to sell or rent artworks through the website. Art lovers can also subscribe to sell but not to rent. The content of the various subscriptions can be found on the website.

Subscriptions can only be taken out by means of a continuous (SEPA) authorization to collect the annual subscription amount owed to BAO.

If you BEA has provided a continuous (SEPA) authorization, z already BAO before we collect any amount of bank give you this at least one day in advance by e-mail transfer .

BAO is entitled to suspend or terminate the payment if direct debits cannot be executed or revoked due to your actions, regardless of the reason. In that case, BAO is entitled to block your account number for future collection orders.

If a payment is not made on time, BAO is entitled to charge statutory commercial interest. In the event that the user fails to pay the full amount owed after a reminder, BAO is entitled to engage a collection agency and block the services for the relevant user . The judicial and extrajudicial costs of the collection will be borne by the user .

A subscription is always entered into for a full year and can be canceled by the user at any time . A subscription can be canceled by sending an email to info@belgianart.be or by using the contact form on the settings page of your account. For administrative reasons , you must cancel your subscription at the latest 3 days before the collection date.

Changes to subscription, eg . from art gallery with only contact information to art gallery with artworks, must also be requested via info@belgianart.be or by using the contact form on the settings page of your account.

7 Paid Ads

In the case of paying advertisements, the agreement is concluded when the payment procedure is completed. Invoicing will be done via electronic invoicing.

In the event of technical malfunctions, such as the website being unavailable, or in other cases of force majeure, BAO is not liable for damage caused by not being able to show the paying advertisement. In this case, the advertiser is not entitled to a refund of the amount paid. BAO does commit itself to arrive at a solution to the problem supported by both parties as far as possible.

All information and figures on the w ebsite are subject to typos or misspellings. BAO can change the rates as well as the specifications of the advertising options at any time.

Via “Artwork in the spotlight” an art lover, artist or art gallery with a paying subscription can put a work of art in the spotlight for an extra month. One specific work of art may be placed in “Artwork in the spotlight” a maximum of 3 times a year, in order to give everyone sufficient opportunity to showcase their work of art. One user may place a maximum of 2 artworks per month in artwork in the spotlight.

Via “Artist of the month” an artist with a paying subscription can put himself and his artworks in the spotlight for an extra month. As an artist you can only be “Artist of the month” once a year.

8 Rules for placing artworks on the site

- Each work of art must be placed under the correct categories.

- The description of the work is as accurate as possible to be filled.

- It is not allowed to use a photo that does not correspond to the current state of the artwork.

-When using non-qualitative photos of a work of art, BAO reserves the right to block the sheet of the work of art and to notify the user of this. In case of repeated occurrence, the user can be permanently blocked and banned from the website.

- The artist and art gallery is fully responsible for the pricing of the artwork. Prices posted on the website are always inclusive of VAT and without delivery cost unless stated otherwise . Agreements about delivery are only made between the parties themselves.

-The categories of art allowed on the website are paintings, collages, sculptures, photographs, digital art and drawings. Other works of art that do not fall under the previous categories, but exclude jewelery and antiques.