Legal notice

Terms and Conditions of sale

GENERAL PROVISIONS

These terms and conditions of sale (the Â« Conditions Â») apply to all sale of artwork pieces (the â€œArtworkâ€) by ARETZ BVBA, Zirkstraat 20, 2000 Antwerpen, registration number TVA BE 0467.975.807 (RPR Antwerpen) email: info@AnneSamyn.com (commercial denomination â€œAnne Samynâ€) to the client (the â€œClientâ€).

Anne Samyn informs the Client that for certain pieces of artwork, it is only acting as an intermediary for private individuals and that it is not the owner of the Artwork..

The Conditions exclude any and all general or particular conditions of the Client.

The Client acknowledges having read the Conditions and having the possibility to keep and reproduce them. The Conditions can be accessed at any time on Anne Samynâ€™s website.

ARTWORK

Although the best efforts are made, Anne Samyn cannot guarantee the perfect representation of the Artwork on its website, notably due to the differences in colour, therefore, Anne Samyn shall not be responsible for the accuracy of the reproduction. Differences between the Artwork delivered and the Artwork represented on the website that do not affect the essential characteristics nor the quality cannot justify the cancellation of the order nor the refusal to take delivery.

ORDERS AND CONFIRMATION

3.1. To place an order, the Client fills his basket on Anne Samynâ€™s website, provides his contact details, billing and delivery address. The Client will receive by email an order confirmation, containing notably the order number, the details of the Artwork ordered and the prices, the Conditions or a link to said Conditions, as well as the approximate delivery time.

3.2. The modifications made by the Client to his order shall only be valid if accepted and confirmed in writing by Anne Samyn.

3.4. Anne Samyn reserves the right to suspend or refuse the order, in particular in the event that the data communicated by the Client is incorrect or incomplete.

3.5. The Artwork is offered subject to availability. In case unavailability after the order is made, Anne Samyn will promptly notify the Client via email. The Client will choose between ordering another Artwork or cancelling his order.

3.6. Anne Samyn may prioritize orders and allocate limited stock between orders as it deems fit. Anne Samyn reserves the right to limit the quantity of items purchased by person/household/order, for any reason.

DELIVERY AND RISKS

4.1. The Artwork shall be delivered within the time frame mentioned on the order confirmation. However, the following circumstances shall exempt Anne Samyn from any liability or damages in case of late delivery:

* force majeure, such as delay from carrier, bad weather, terror attacks, etc.;

* in case of non-respect of the payment terms by the Client :

* in case of modification to the order by the Client.

4.2. The Artwork shall be delivered at the address indicated on the order confirmation.

4.3. Except if otherwise specified, the Artwork is considered delivered when it is put at the disposal of the Client or of the carrier at the place indicated in the order confirmation. The Client shall be responsible for risks of loss or damage either as soon as he takes possession thereof or as soon as it is put at his disposal. In case the Client should designate another delivery place, the collection and, if applicable, the storage and insurance coverage of the Artwork will be the responsibility of the Client, at his risks and expenses.

5. RETENTION OF TITLE

The Artwork shall remain the property of its owner, until full payment of the price, including late interest and indemnities, if applicable.

6. PRICE AND PAYMENT

6.1. The purchase price shall be mentioned on the order confirmation. Except if otherwise specified, invoices are payable on the date mentioned in the order confirmation. The order shall only be processed after full payment of the purchase price. Anne Samyn reserves the right to require additional securities, such as the payment by certified check or a bank guarantee.

6.2. Payment shall be made on the following bank account: Beneficiary: Anne Samyn , Bank details: KBC NV, Mechelsesteenweg 142, B-2018 Antwerpen, Account number: 737-0181617-76 - IBAN: BE 91 737 0181617 76 - BIC: KREDBEBB or on any other account designated by Anne Samyn.

6.3. Except if otherwise specified in the order confirmation, the prices are in euros and are exclusive of packing, shipping, insurance and transport and customs costs, VAT, duties, taxes, and other supplements, which shall be paid by the Client prior to the delivery. The delivery costs are calculated separately during the order process, depending on the quantity of items, the delivery method and the location. After payment, an invoice may be downloaded through the Clientâ€™s account.

6.4. Any claim in connection with an invoice must be notified within 7 days following its reception, otherwise it will not be taken into consideration and the invoice will be deemed accepted.

6.5. The Client may not claim any right to set-off its debts towards Anne Samyn, whatever the reason, with sums due or that could be due by Anne Samyn to the Client, whatever the reason.

6.6. In case of non-payment of an invoice on its due date, the Client shall pay to Anne Samyn, automatically and without prior formal notice, a late interest of 10% per year. Furthermore, any invoice unpaid on its due date shall be automatically and without prior formal notice increased by an additional fixed indemnity of 15% of the sums dues, without prejudice to the right of Anne Samyn to claim additional damages. In case of judicial recovery of an invoice, the Client shall bear the reasonable recovery expenses such as lawyerâ€™s fees and internal management fees.

7. INSPECTION â€“WARRANTY

7.1. The Client is required to verify the state of the Artwork delivered to him or collected from the chosen pick-up point and its compliance with the order. Any claims for apparent defects shall be made in writing, within 24 hours as from delivery or notification of the availability at the chosen pick-up point, with clear and frontal images of all sides of the package and detail images of the damaged areas. If the package is already opened, clear visuals of the front and back of the Artwork need to be included as well. Should the Client fail to proceed as detailed above, his claim cannot be taken into account and the Client shall be deemed to have definitively accepted the delivery.

7.2. In accordance with Articles 1641 to 1643 of the Belgian Civil Code, Anne Samyn is required to guarantee the Artworks against hidden defects, provided the claim is made by the Client within a brief delay. If the Clientâ€™s claim is founded, the Client shall have the choice between returning the Artwork in its original packaging and obtaining full reimbursement of the purchase price or keeping it and obtaining partial reimbursement.

8. SPECIFIC PROVISIONS FOR PRIVATE CONSUMERS

If the Client is a private consumer (ie. an individual customer acting for purposes that do not fall within the scope of his commercial, industrial, artisanal or self-employed activity), the following will also apply:

8.1. RIGHT OF WITHDRAWAL

8.1.1 The Client has a period of 14 calendar days as from the date of delivery of the Artwork or notification of its availability at a chosen pick-up point, to notify in writing to Anne Samyn that he wishes to withdraw from the purchase, without penalties and without stating the reasons.

8.1.2. The Client may notify Anne Samyn of his intention to withdraw from the purchase by using the withdrawal form available on the web site or by making any other clear and non-ambiguous declaration.

8.1.3. The Client shall return the Artwork in perfect condition, in its original packaging.

8.1.4. Anne Samyn shall reimburse the amount paid upon return of the Artwork or when the Client communicates the proof of return, whichever is the earliest.

8.1.5. The costs related to the return of the Artwork shall be bore by the Client.

8.1.6. In accordance with Article 53 of the Belgian Book VI of the Code of Economic Law, in case of goods made to the Client's specifications or clearly personalised, the right of withdrawal shall not apply.

8.2. CONFORMITY WARRANTY

Anne Samyn shall be responsible, in accordance with articles 1649bis to 1649octies of the Belgian Civil Code, for any lack of conformity which exists at the time of delivery and which appears in a two years delay as of delivery. The lack of conformity must be notified to Anne Samyn within two months of its discovery, after such delay, the Client will lose his right to invoke such lack of conformity. THIS SECTION APPLIES ONLY FOR THE ARTWORK WHICH BELONGS TO Anne Samyn AND NOT FOR THE ARTWORK BELONGING TO PRIVATE PERSONS FOR WHICH Anne Samyn ACTS AS INTERMEDIARY.

9. LIABILITY OF Anne Samyn

Anne Samyn GIVES NO WARRANTY AS TO THE AUTHENTICITY, FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, CORRECTNESS, DESCRIPTION OF THE PHYSICAL CONDITION, SIZE, QUALITY, ORIGIN OR PROVENANCE OF THE ARTWORK. If the Client is a private consumer, this declaration concerns only the Artwork for which Anne Samyn acts as intermediary.

If and when available, the Artwork shall be delivered with an authenticity certificate or a condition report issued by Anne Samyn upon the Clientâ€™s request.

Anne Samyn shall in no event be liable for any damages resulting from framing, mishandling, inappropriate conservation or exposition of the Artwork by the Client nor for its normal wear and tear.

Anne Samyn SHALL NOT BE LIABLE IN CASE OF LOSS OF INCOME AND/OR PROFITS, DAMAGES SUFFERED BY THE CLIENT OR ANY OTHER INDIRECT OR CONSECUTIVE DAMAGE, SUCH AS, WITHOUT THIS BEING LIMITATIVE, LOSS OF BENEFITS, CLIENTELE, LOSS OF EARNINGS, ETC.

IN NO EVENT SHALL Anne Samynâ€™s LIABILITY UNDER THESE PROVISIONS EXCEED THE VALUE OF THE ARTWORK AT THE TIME OF THE ORDER

10. INTELLECTUAL PROPERTY

The sale of the Artwork implies no transfer whatsoever of any copyright or intellectual property rights. Intellectual property rights on the Artwork belong to and remain with their authors. It is expressly forbidden for the Client to reproduce or duplicate in any manner the Artwork without the prior and written approval of the concerned author.

11. INTERNET AND NEW TECHNOLOGIES

11.1. All content on the website of Anne Samyn such as text, graphics, logos, images, data, music, etc, is owned or licensed by Anne Samyn or its suppliers and is protected by copyrights, trademarks, patents or other proprietary rights.

11.2. The Client is aware of the restrictions and risks related to use of the internet and any other means by which the website of Anne Samyn is currently or will in the future be made available. Anne Samyn gives no warranty that the site is virus-free or as to its inter-operability with any hardware of the Client. The Client is also aware of the risks of storage or transmission of information by digital or electronic means. The Client accepts that Anne Samyn cannot be held liable for any harm caused by use of the website (as well as any applications) or the internet, following the above mentioned risks. The Client also accepts that the electronic information exchanged and the back-ups created by Anne Samyn can serve as proof.

12. DATA PROTECTION

In the order process, the Client shall communicate personal data. This data is used by Anne Samyn, acting as controller, to process the Clientâ€™s orders. The persons with access to the data are members of Anne Samynâ€™s staff. Anne Samyn shall process the data in accordance with applicable regulations, including the Belgian law of 8 December 1992 regarding the protection of privacy with respect to the processing of personal data, modified by the law of 11 December 1998. The Client has the right to request from the controller access to and rectification or erasure of personal data. The Client has the right, at any time, free of charge and upon request, to prevent the use of its data from being used for direct marketing.

13. VARIOUS

13.1. The Conditions, together with the order, contain the entire agreement between the parties with respect to the subject matter hereof.

13.2. The nullity or inapplicability of one of the provisions of the Conditions shall not affect the validity or applicability of the other provisions. If necessary, the parties undertake to replace the null or inapplicable provision.

13.3. The fact that Anne Samyn does not prevail itself of one of the Conditions at a given time may not be interpreted as a waiver to prevail itself of such Condition at a later stage.

13.4. Except if agreed otherwise, all notifications between the parties shall be in writing and shall be deemed to be received 5 working days after the sending of a registered letter or 2 working days after the sending of a fax or email to the address of the parties mentioned in the order.

13.5. In the event of conflict, the English version of the Conditions shall prevail.

13.6. The order is governed by Belgian law. In case of dispute, the courts of Antwerp shall have sole jurisdiction. Anne Samyn reserves the right to initiate any procedure before the courts of the address or registered address of the Client.

Cookie policy

What Are Cookies
As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.
For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set
If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out. However, in some cases they may remain afterwards to remember your site preferences when logged out.
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page that is affected by your preferences.

Third Party Cookies
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.

More Information
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.
Email: info@AnneSamyn.com

Legal notice

Popular