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Terms and Conditions
1. Copyright: General
1.1.1. Author: Anita Fleerackers, further called ‘author’ in these terms and conditions.
1.2. Only the author of a literary or artistic work has the right to reproduce or have it reproduced in any way or in whatever form, directly or indirectly, temporarily or permanently, in whole or in part.
1.3. That right includes, among other things, the exclusive right to give permission to edit or translate the work.
1.4. This right also includes the exclusive right to give permission to rent or lend the work.
1.5. After the death of the author, the copyright continues to exist for seventy years for the benefit of the person he has designated for this or, if this has not happened, for the benefit of his heirs.
2. Copyright: Special provisions concerning the works of graphic or visual art
2.1. The artwork is sold without specific limitation of the immanent rights of the acquirer, nor with transfer of copyrights other than the right of exhibition, this in accordance with article 9 of the Copyright Act. All other moral rights and property rights concerning authorship, such as, among others, the image right, remain the property of the aforementioned artist. This must be stated in the terms and conditions of sale of any further sale of the work of art.
2.2. In order to exercise his property rights, the author must maintain reasonable access to his work. (art.3§1 of the Copyright Act)
2.3. Unless otherwise agreed, the transfer of a work of graphic or visual art to the transferee entails the right to exhibit the work as such, in circumstances that do not detract from the honor or fame of the author; however, the other copyrights are not transferred. (Art. 9 of the Copyright Act)
2.4. Unless otherwise agreed, the transfer of a work of graphic or visual art results in the prohibition of making other identical copies. (Art. 9 of the Copyright Act)
2.5. The author or owner of a portrait or any other person who owns or holds a portrait, has no right to reproduce it or communicate it to the public without the consent of the person portrayed or, for twenty years after his death, without permission of his assignees.
2.6. With every resale of an original work of art involving actors from the professional art trade as seller, buyer, or intermediary, after the first transfer by the author, the seller owes the author an inalienable resale right calculated on the resale price, none of which waiver can be done even in advance.
2.7. In this section, "original work of art" means a work of graphic or visual art, such as images, collages, paintings, drawings, engravings, prints, lithographs, sculpture, tapestries, ceramics, glassware and photographs, insofar as this work is a creation is by the artist himself, or it is a copy that is considered as an original work of art.
2.8. Copies of works of art that fall under this section and that have been produced by the artist himself or on his commission in a limited edition are considered to be original works of art within the meaning of this section. Such copies are generally numbered, signed or otherwise marked as authentic by the artist.
2.9. However, the resale right does not apply to a resale where the seller has obtained the work directly from the artist less than three years before the resale and the resale price is a maximum of 10,000 euros. The burden of proof that these conditions are met is on the seller.
2.10. By not respecting the Copyright Act, the owner of the artwork can expose himself to both civil and criminal prosecution.
3. An order is only binding if it is explicitly accepted in writing by the author. The order can be canceled up to 8 days after the order has been placed. Any advances paid will not be reimbursed in that case.
4. Artworks will be delivered within the period stated in the agreement. Works of art remain the property of the author until full payment of principal, costs and interest. Nevertheless, the risks of the loss or destruction of the artwork sold will be borne in full by the buyer from the moment the artwork is sold.
5. The buyer must ensure that the artworks can be delivered and installed by the author in a normal way at the agreed place and time, and thus ensure, among other things, the accessibility of the delivery place. If this is not met, the buyer is obliged to compensate the author for all damage, including waiting hours, custody costs and costs for preserving the item.
6. The buyer must immediately inspect the artworks delivered. Any defects must be reported to the author by registered letter as soon as possible and at the latest 8 calendar days after delivery. After that period, the author is only responsible for hidden defects that render the artwork unsuitable for the use for which they are intended and to the extent that the author knew or should have known the defects. The buyer notifies the author within 8 calendar days, after discovering the hidden defect, of the existence of the hidden defect by means of a registered letter with a detailed description of the defect. Complaints due to hidden defects do not suspend the payment obligation on the part of the buyer.
7. With the exception of what is described in the previous article, the author is not obliged to pay any compensation whatsoever that would be the direct or indirect result of artworks supplied or sold by her, except in the case of serious error or intention. The liability of the author is in any case limited to the invoice value of the artworks supplied. Under no circumstances can the author be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of return or any other losses or consequential damage, both to the buyer and third parties. The author bears no responsibility whatsoever for the error of the employees, even in the case of intent or serious error. In the latter case, the buyer must address the appointed directly.
8. Unless explicitly agreed otherwise in writing, the invoice is payable within 30 calendar days of the invoice date. In the event of non-payment of all or part of the price, the outstanding amount will be increased by operation of law and without any notice of default being required, with an annual interest rate of 8% and a lump sum payment of 10%, with a minimum of 40%. EUR. Any non-payment entails the eligibility of the outstanding invoices and gives the seller the right, after notice of default, either to suspend any future deliveries or to dissolve the agreement, without prejudice to the right to compensation.
9. If the buyer does not fulfill his contractual obligations, the author has the right, after notice of default, either to suspend his obligations or to dissolve the agreement without judicial intervention, if the notice of default is given no or no useful action within the eight working days, without prejudice to the right to compensation.
10. All our agreements are governed by Belgian law, including Laws of 10 and 19 April 2014 on the insertion of book XI, "Intellectual Property" in the Economic Law Code, and on the insertion of provisions specific to book XI in the books I , XV and XVII of the same Code.
11. For all disputes that arise under this agreement, only the courts of Turnhout (Belgium) have jurisdiction.