Stefaan Rits - RitsArt - Terms and Conditions
This is an English translation from the original Dutch. The English version is inferior to the Dutch version.
1.1. These general terms and conditions apply to all legal relationships between, on the one hand, Stefaan Rits, - with Houthulst (8650), Klerkenstraat 38, West Flemish region, Belgium, as the registered office and with enterprise number BE0880.093.866, working and acting under the personal name Stefaan Rits, which is also the company name, or under the commercial name RitsArt, practitioner of the profession Artist, counted under the liberal professions, - and the other party, unless both parties agree otherwise in writing.
1.2. Deviations from the general terms and conditions are only valid if they have been expressly agreed in writing between both parties. Insofar as not agreed in writing and explicitly otherwise, Stefaan Rits rejects the applicability of any conditions applied by the other party and as such they are deemed invalid. Stefaan Rits reserves the right to change the provisions of the Agreement.
1.3. These general conditions apply to all offers and acceptances on the part of Stefaan Rits or contractual cooperation with Stefaan Rits. In so far as Stefaan Rits would refer in his offer or acceptance to other conditions, the applicability of conditions other than this is explicitly rejected.
1.4. The Dutch text of these conditions takes precedence over any translations.
1.5. The invalidity or non-enforceability of one or more (partial) provisions of these terms and conditions shall not affect the validity or enforceability of the other (part) provisions thereof that remain in full force. The invalid or non-enforceable (partial) provisions will be replaced by valid and executable (partial) provisions that are closest to the original intention.
2. Works of art
2.1. Stefaan Rits always reserves the right to be authorized as a visual artist registered in the Belgian trade register to sell or consign his own work.
2.2. "Own work" or "his works" includes all "works" or "works of art" that have been realized in full or in part by Stefaan Rits. All works that third parties have worked on based on the design or inspiration of Stefaan Rits belong entirely to the intellectual property of Stefaan Rits. All works or ideas that have been wholly or partially realized in the workshop of Stefaan Rits or at his service are fully intellectual property of Stefaan Rits, unless otherwise agreed in writing.
2.3. Stefaan Rits is the exclusive owner of all intellectual property in all his works, and retains this right after the sale of the works. The other party is not allowed to make changes to the artworks of Stefaan Rits or have them applied.
2.4. Artworks may not be photographed or filmed for commercial purposes without prior written permission from Stefaan Rits or copied in any way.
2.5. The artworks remain fully owned by Stefaan Rits until the purchase price has been paid in full to Stefaan Rits.
3. Transfer of ownership
3.1. The risk and liability for damage to the artworks will be transferred in full to the other party after delivery or delivery, even if the work is not the property of the other party.
3.2. As long as the other party has not paid the full amount of the purchase price plus any additional costs or has provided a security for this, Stefaan Rits will retain the ownership of the artworks. In that case, ownership shall pass to the other party as soon as the other party has fulfilled all obligations towards Stefaan Rits.
3.3. If there is any doubt at Stefaan Rits concerning the payment capacity of the other party, Stefaan Rits is authorized to postpone the delivery of the works until the other party has provided security for the payment. The other party is then liable for the damage suffered by delayed delivery.
4.1. The buyer is not authorized to resell the works of Stefaan Rits in case full payment has not yet been made to Stefaan Rits, including all costs or any interest.
4.2. In the event of resale in the event of incomplete payment of the purchase price by the other party, Stefaan Rits reserves the right to check the transactions, single-handed or with the help of authorized officials. In the case of such resale with a profit, any profit by Stefaan Rits will unquestionably be eliminated.
4.3. The other party, acting contrary to the obligation to fully pay the purchase price on the date of delivery, will compensate Stefaan Rits for compensation for any transaction, which is in violation of the prohibition of resale in the absence of full payment of the purchase price to Stefaan Rits. The extent of the damage is fixed by the parties in advance at five thousand euros per artwork, without prejudice to the right of Stefaan Rits to claim full compensation.
4.4. Stefaan Rits is authorized to appoint an independent accountant or official to exercise control in the other party's books, in order to be able to supervise compliance with the prohibition of resale in the absence of full payment of the purchase price.
4.5. Stefaan Rits appeals as an artist to the resale right of his work and requires a notice of any resale by third parties, both at home or abroad.
5. Price, Payment and delivery
5.1. The purchase price concerns the value given to the artwork. Any discounts or favors do not reduce the value of the work. The price does not include the costs of packaging, shipping, transport or delivery costs, unless stated otherwise.
5.2. The other party is obliged to pay the purchase price in full on the date of delivery. The other party is not entitled to deduct any amount from the purchase price due to a counterclaim by the counterparty.
5.3. If the other party fails to meet the payment obligation in time and also fails to comply with a notice of default with a term of one week, Stefaan Rits is authorized to regard the purchase agreement as dissolved without judicial intervention. In that case the other party is liable for the damage suffered by Stefaan Rits from the costs of the notice of default.
5.4. If Stefaan Rits proceeds with extrajudicial measures in the event of breach of contract by the other party, the costs thereof shall be borne by the other party. These costs amount to fifteen percent of the invoice amount, with a minimum of two hundred and fifty euros.
5.5. 50% of the agreed purchase price must be paid for work in commission before Stefaan Rits starts the work. This fifty percent is called the advance. The advance can not be returned after the start of the work.
5.6. For work that is not delivered by Stefaan Rits, the payment must be paid before the work is sent.
5.7. Stefaan Rits, for its part, determines the delivery or shipping method without the other party being involved.
6. Exhibition and sale by the other party
6.1. The organizer of an event where work by Stefaan Rits is exhibited is obliged to insure sight for any risk or damage caused to or by the work. If the organizer is not insured, he will be held responsible for the damage himself. If the works are then owned by Stefaan Rits, the damage will be charged to the organizer. Damage to the work is fixed by the parties in advance on the sales value of the work, without prejudice to the right of Stefaan Rits to claim full compensation.
6.2. The other party is entitled to show the works of art to potential buyers at home for its own account and at its own risk. The other party is also entitled to show the artworks to potential buyers prior to the sale in order to allow potential buyers to decide whether the artwork suits them. The other party is fully liable vis-à-vis Stefaan Rits for all damage resulting from showing or displaying artworks.
6.3. Stefaan Rits reserves the full right of participation in the preparation of an exhibition by an organizer or curator, even if this is described differently in the terms and conditions of the other party. The other party then agrees that this statement is sovereign to any contradiction in his or her conditions.
7.1. Stefaan Rits always reserves the full right to refuse any request or assignment and is not obliged to give a reason for this to any party.
8.1. Without prejudice to the provisions of article 5, the purchase agreement shall be terminated without judicial intervention after a written statement at the time when the other party is declared bankrupt, applies for (provisional) suspension of payment, or a request by the court is granted until it to declare the debt rescheduling scheme applicable, or to lose possession of the assets or parts of the debt by virtue of seizure, sub-custatization or otherwise, unless the trustee or receiver recognizes the obligations arising from this contract of sale as an estate debt.
8.2. As a result of the dissolution, existing and existing claims become immediately due and payable. The other party is liable for the damage suffered by the Stefaan Rits, including loss of profits and transport costs.
9. Applicable law
9.1. All collaborations or agreements with Stefaan Rits are governed by Belgian law.
10.1.Only the courts of the district of Ypres or Roeselare are competent.