Frank Willems
08 – 2020

General Terms and Conditions

1 – PURPOSE AND ENFORCEABILITY
2 – ACCEPTANCE 
3 – ORDER 
4 – SALE PRICE AND TERMS OF PAYMENT
5 – DELIVERY OF THE ARTWORKS
6 – RIGHT OF WITHDRAWAL
7 – STATUTORY GUARANTEES
8 – FORCE MAJEURE
9 – INTELLECTUAL PROPERTY
10 – DATA PROTECTION
11 – APPLICABLE LAW
12 – MEDIATION
13 – JURISDICTION

1 – PURPOSE AND ENFORCEABILITY

The purpose of the Frank Willems website is to present Artworks and Products from Frank Willems to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly.

These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks and Products available on the site, and to define each party’s rights and obligations in such a relationship.

The sales made through the Site are contracted directly between the Buyer and Frank Willems.

2 – ACCEPTANCE

The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both Frank Willems and the Buyer. The acceptance is confirmed by a box that needs to be checked on the check-out page.

3 – ORDER

The Artworks and Products are offered for sale on this website, subject to their availability.

Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type.

To order an Artwork or Product, the Buyer must select the Artwork or Product of his/her choice, place it in his/her cart and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.

The Buyer will be charged for the payment immediately for his/her purchase.

If the Artwork or Product is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order and a refund will take place.

4 – SALES PRICES AND TERMS OF PAYMENT

The Artworks sale price is listed on the Site in the currency set by the Buyer and includes all taxes, excepting delivery and packaging fees if applicable.

The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as
well as the place of delivery.

The payment of the artwork price by the Buyer to the Seller is made via the payment services available from Frank Willems.

Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on
Frank Willems website.

5 – DELIVERY OF THE ARTWORKS

The delivery of the Artworks or Products is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier.

The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers.

Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the artwork, as well as the conformity of the later are the sole
responsibility of the Buyer, Frank Willems shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complain against the delivery service provider.

The Buyer must, as soon as he receives the order, check the condition of the artwork, and mention any reservation immediately and in writing, at the latest within 48 hours, to
Frank Willems.

6 – RIGHT OF WITHDRAWAL

Pursuant to article L.121-21 (law of 17 March 2014 relating to consumption) of the code of consumption, the Buyer has a period of 14 days from the delivery of the Artwork or Product to use his/her right of withdrawal with Frank Willems, without any costs or reason.

The Buyer may use his/here right of withdrawal with Frank Willems through sending an email to the following address: shop@frank-willems.com.

Frank Willems will then be responsible for handling the cancellation from the Buyer and shall process the refund within 14 days following the date on which Frank Willems was informed about the Buyer exercising his/her right of withdrawal.

The refund applies to the price of the Artwork or Product paid by the Buyer. Shipping costs for the Artwork or Product has been paid by the Buyer.

The returned artworks that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, Frank Willems reserves the right to decide at its sole discretion.

7 – STATUTORY GUARANTEES

Frank Willems commits to respect and implement the statutory guarantees of the Buyer, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.

8 – FORCE MAJEURE

In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale.

Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the Dutch courts and tribunals, i.e. an event that is
out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate
measures.

The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.

9 – INTELLECTUAL PROPERTY

Frank Willems guarantees that he is the author of the ceded Artwork or Prodcut and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties.

He commits to protect the Buyer in case of any action brought by a third party about the ceded artwork or product, as part of the warranty of quiet possession.

Upon the sale, Frank Willems assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork.

Frank Willems however retains his moral right on the artwork as well as the rights regarding its reproduction.

10 – DATA PROTECTION

Frank Willems gathers and retains the Buyer personal data to ensure proper execution of these terms.

Pursuant to the law No. 78 – 17 of January 6, 1978 relating to Information Technology, Files and Civil Liberties, the User has a right of access, modification, correction and deletion of his/her personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address : shop@frank-willems.com.

The personal data provided by the Buyer will be destroyed no later than six months after the cancellation of the account.

Frank Willems reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to
what is strictly necessary for the operation of the service.

Frank Willems is committed to take all necessary measures to best protect the confidentiality of the information provided by the Buyer.

11 – APPLICABLE LAW

These general terms and conditions of sale are governed by Dutch law.

12 – MEDIATION

In the event of a dispute, the User has a right of recourse with a Consumer Ombudsman for the amicable resolution of any dispute on the execution, as provided for in
article L.611 – 1 and following, as well as R.612 – 1 and following of the Consumer Code.

The User will find the list of mediators on the government website dedicated to this purpose: https://www.consuwijzer.nl/.

13 – COMPETENT JURISDICTION

Any dispute concerning the validity, interpretation or execution of these General Conditions shall be brought before the Dutch Courts.