GENERAL TERMS AND CONDITIONS
I. Identity and contact information of the company
Company name: How To Art / Emily Van Driessen
Company form: Sole proprietorship
Business address: Dodoensstraat 13/1, 2140, Borgerhout, Antwerpen (Belgium)
Company number: 0802.985.893
VAT number: BE0802985893
Phone number: 0032 476 96 89 27
E-mail: emily.vandriessen@gmail.com
II. Applicability of the general terms and conditions
II.1 These general conditions apply to all quotations, offers, invoices and agreements regardless of their nature between the company, the sole proprietorship Emily Van Driessen, with commercial name "How To Art", with company number 0802.985.893 (hereinafter "How To Art") and the client (hereinafter "the Client"), and will take precedence over the conditions set by the client.
II.2 By appealing to How To Art, the Client declares to have knowledge of these general terms and conditions and to accept them. How To Art strives to give the Client sufficient opportunity to consult and thus accept the general conditions. The Client can freely consult the general terms and conditions via the website or request a copy via the contact information above.
II.3 It is only possible to deviate from these terms and conditions by express and written consent of How To Art. Any nullity or invalidity of one of these terms and conditions does not entail the nullity of the other clauses or of the agreement.
II.4 If How To Art and The Client make a separate written agreement, the provisions of the separate agreement shall take precedence over the General Terms and Conditions,to the extent agreed to by How To Art. These general terms and conditions will then serve as supplementary law, as far as applicable.
III. Execution of the agreement
III.1 Regarding the execution of the agreement, The Client is aware and accepts that the agreement always and solely implies an obligation of effort for How To Art.
III.2 The Client is aware and accepts that working with How To Art is purely an aesthetic choice. How To Art never provides direct financial or investment advice.
III.3 The Client is aware that he/she commits to provide all reasonably necessary cooperation required for the execution of the agreement and provision of the services. This may include, among other things, providing necessary data, images, texts and additional information and responding to communications in a timely manner.
IV. Pick My Brain Sessions (not applicable as from 17/12/2024)
IV.1 Description of the service and working method
IV.1.1 The "Pick My Brain Session" is a personal and one-time 1-on-1 consulting service offered by How To Art, aimed at providing information about art, addressing and answering The Client's questions about art, providing feedback and so on. Various topics may be covered during the session, including (but not limited to) budget awareness, defining The Client's artistic style and preferences, assistance in understanding difficult art terminology, advice on material choices and conservation, and insurance considerations. While the financial side of artwork may be addressed, How To Art does not provide financial or investment advice.
IV.1.2 These sessions can be booked via email. The Client will receive all appointment details after booking.
IV.1.3 Sessions always last a maximum of 60 (sixty) minutes. If an appointment lasts longer than 60 (sixty) minutes, How To Art may charge additional costs. How To Art will always inform the Client in advance.
IV.1.4 All conversations and information exchanged during the "Pick My Brain Session" are kept strictly confidential to protect The Client's privacy and interests.
IV.2 Rates and payment terms for Pick My Brain Sessions
IV.2.1 All prices for the Pick My Brain Sessions are displayed on the website and are always in Euros and inclusive of VAT. The Client will always be informed of any additional costs.
IV.2.2 The Client, along with the booking details, will receive an invoice for the Pick My Brain Session.
IV.2.3 Invoices, unless expressly agreed otherwise, must be paid in full prior to the session. How To Art reserves the right to cancel the session if payment has not been made in full prior to the start of the session.
IV.3 Cancellation or rescheduling of Pick My Brain Sessions.
IV.3.1 If The Client wishes to reschedule a session, he/she must notify How To Art at least twenty-four hours (24h) prior to the scheduled session. The Client can do this by sending an email to emily.vandriessen@gmail.com.
IV.3.2 If The Client wishes to cancel a session, he/she must notify How To Art at least 5 (five) business days prior to the scheduled session. The Client can do this by sending an email to emily.vandriessen@gmail.com.
IV.3.3 In case of session cancellation, refunds are only available for cancellations made at least 5 (five) business days prior to the session by email to emily.vandriessen@gmail.com. Cancellations within 5 (five) business days prior to the session, will not be refunded.
V. Art Consultancy
V.1 Description of the service and working method
V.1.1 How To Art offers Art Consultancy services. This means that How To Art, in agreement with the Client, searches for artworks that match the Client's needs and wishes. How To Art takes the entire process out of the Client's hands and provides a thorough market research and careful selection of artworks, based on the Client's personal preferences. How To Art also ensures a smooth transaction, including, among other things, logistical arrangements and communication with third parties when the Client wishes to proceed with the purchase of one or more works of art.
V.1.2 While the financial side of artwork may be addressed, How To Art does not provide financial or investment advice.
V.1.3 How to Art reserves the right to call upon the services of specialized third parties if and to the extent she deems it necessary for the proper execution of the agreement and provision of the services (for example, but not limited to, arranging the transportation of the artwork purchased).
V.1.4 An initial personal meeting is scheduled, in agreement with the Client, to identify the Client's needs and personal preferences. How To Art will provide The Client with a personalized quotation following this meeting.
V.1.5 Upon acceptance of the quotation, The Client will have access to How To Art's online platform where he/she/the company will have an overview of everything discussed during the initial meeting, the art profile created for him/her/the company, as well as an overview of favorite artworks and any artworks purchased later.
V.1.6 How To Art offers the opportunity to visit an art fair or event. The visit includes a personalized tour by How To Art. The offer and the visit schedule always depends on the current calendar of these art fairs and events. How To Art can charge an additional fee and the price of admission tickets, to the Client.
V.2 Purchase of artworks
V.2.1 The Client agrees to, when How To Art presents a particular artwork for the possible purchase of it by the Client, not have any contact or make any appointment himself from that moment on with the third parties that How To Art cooperates with (e.g. artists or art galleries), regarding that particular artwork presented by How To Art. All communications, agreements and negotiations regarding the purchase of the artwork presented by How To Art, from the moment of its presentation, must go through How To Art.
V.2.2 If, during the term of the agreement with How To Art, The Client decides to proceed with the purchase of one or more works of art, How To Art will take care of the negotiations with the gallery or artist in question.
V.2.3 How To Art will always inform The Client of the progress of negotiations and present him/her with all prices, this can be done either verbally (e.g. by phone) or in writing.
V.2.4 Once a verbal agreement is reached, The Client is aware that this agreement constitutes a purchase and payment obligation for The Client.
V.2.5 The Client is aware and accepts that How To Art may charge a commission of minimum 5% (five percent) and maximum 10% (ten percent) calculated on the agreed price of the artwork purchased. The commission percentage depends on the agreements How To Art has been able to negotiate with the third-party seller (for example, the artist or gallery) and is always charged separately to The Client.
V.2.6 Invoices for the purchase of artwork are always addressed directly to The Client and must be paid according to the terms and conditions of the invoicing party.
V.3 Rates and prices regarding Art Consultancy services
V.3.1 All prices for Art Consultancy are shown in the quotation and are always in euros. The Client will always be informed of any additional costs (for example, the additional fee and costs for attending art fairs and events).
V.3.2 All prices in the quotation relate exclusively to the Art Consultancy services of How To Art. They do not include prices for artworks. Purchased artworks are always charged separately to The Client.
V.3.3 Prices in the quotation do not include the commission charged to The Client when purchasing artwork. The commission is calculated on the purchase price of the artwork and is charged separately to The Client.
V.3.4 Prices in the quotation do not include admission tickets to art fairs or events. These costs will always be charged separately to The Client.
V.3.5 The provisions of articles VIII and IX of these general conditions (see lower) are applicable to the quotations and invoices for Art Consultancy services.
VI. Right of Withdrawal
VI.1 The Client, if a consumer according to Art. I.1, 2° WER and not a company or legal entity, has the right to withdraw from the agreement without giving reasons within a period of 14 (fourteen) calendar days, counting from the day the agreement is concluded.
VI.2 The right of withdrawal does not apply to service contracts after full performance of the service but, if the contract involves a payment obligation for the Client, only if performance has begun with the Client's prior express consent, and provided the Client has acknowledged that he/she loses his right of withdrawal once the company has fully performed the contract.
VI.3 If in the first 14 (fourteen) days after the conclusion of the agreement, in agreement with the Client, work has already been done by How To Art (e.g. in the context of Art Consultancy), How To Art may charge for these delivered services. How To Art will reduce the reimbursement owed by her with the amount of the already performed services.
VI.4 In any event, The Client must notify How To Art of the decision to withdraw before the withdrawal period of 14 (fourteen) calendar days has expired and may do so by sending an email to emily.vandriessen@gmail.com stating that he/she wishes to exercise the right of withdrawal.
VI.5 In case of withdrawal, How To Art will refund all payments received up to that point, to the Client within a maximum of 14 (fourteen) days after How To Art has been notified of the withdrawal decision.
VII. Organization of private art events for companies
VII.1 Description of service
VII.1 How To Art organizes private and personalized art events for businesses.
VII.2 How To Art reserves the right to enlist the services of third parties in the organization of the art events (e.g., galleries and catering services).
VII.3 How To Art will request quotations and price estimates from various third parties and will present them to The Client before appointing these third parties. The Client always has the final choice on which third party to work with.
VII.4 Quotes, price estimates and third-party invoices are always addressed directly to The Client.
VII.2 Rates and prices regarding the organization of art events
VII.2.1 How To Art provides The Client with a personalized quotation regarding her services related to the organization of private art events.
VII.2.2 The prices shown in How To Art's quotation do not include the costs of third party services (e.g. art galleries and catering services), unless expressly agreed otherwise in writing between How To Art and The Client.
VII.2.3 All prices are always in euros. Any additional costs will always be made known to The Client in advance.
VII.2.4 The Client agrees to pay the invoices of third parties approved by him/her, according to the terms and conditions of the third party in question.
VII.2.5 The provisions of articles VIII and IX of these general conditions (see lower) are applicable to the quotations and invoices of How To Art regarding the organization of private events.
VIII. Quotations
VIII.1 Quotations are made with all reservations and are without obligation on the part of How To Art.
VIII.2 Quotations apply exclusively to The Client to whom the quotation is addressed.
VIII.3 Quotations are valid only for the time specified in the quotation. Unless expressly agreed otherwise, this is a period of 14 (fourteen) days from the date of sending.
VIII.4 No rights can be derived from past quotations, offers or (framework) agreements for future assignments.
VIII.5 The agreement is established by written or electronic acceptance of the offer of How To Art by The Client. The Client is aware that from that moment there is an obligation to pay.
IX. Invoicing and payment terms
IX.1 Invoices for Art Consultancy or The Organization of Art Events for Companies must, unless expressly agreed otherwise, always be paid within a period of fourteen (14) days, counting from the day after their sending by email or three days after sending by mail.
IX.2 Invoices for Pick My Brain Sessions must always be paid in full prior to the sessions. (Pick My Brain Sessions are not applicable as from 17/12/2024)
IX.3 Agreements with companies are subject to the Belgian legal provisions on invoice recovery in commercial transactions, including the provisions on interest due according to Art. 5 of the Belgian Late Payment Act dated 02/08/2002, which is the interest at the reference interest rate plus eight percentage points and rounded up to the higher half percentage point.
In case of late or incomplete payment on the due date of the invoice, by operation of law and without prior notice or notice of default, damages shall be payable on the amount due. This compensation amounts to 10% of the principal sum with a minimum of € 40,00. This does not affect the right of How To Art to claim compensation for any other costs associated with non-payment.
IX.4 Invoice collection from consumers in accordance with Book XIX of the Belgian Economic Law Code: After exceeding the payment term, The Client will receive a free payment reminder and a period of 14 (fourteen) calendar days to pay the amount due. No fees will be charged for this first payment reminder. If the deadline specified in the payment reminder is exceeded, the following collection costs become due:
Interest on delay as per Art. 5 of the Belgian law dated 02/08/2002 on combating late payment in commercial transactions. This is interest at the reference interest rate plus eight percentage points and rounded up to the higher half percentage point.
One-time flat-rate damage clause:
● € 20,00 for claims less than or equal to € 150,00
● € 30,00 + 10% on the outstanding amount in the bracket between € 150,01 and € 500,00
● € 65,00 + 5% on the outstanding amount in the bracket between € 500,01 with a maximum of € 2.000,00
The Client has the right to request additional information about invoices, to request a payment plan, to report debt mediation as well as to dispute invoices received. The Client must submit a written and motivated request to How To Art within 14 calendar days, after which How To Art and/or its appointed debt collectors will temporarily suspend the collection procedure in accordance with the legally defined terms of Book XIX of the Belgian Economic Code.
IX.5 In case of non-payment of an invoice on the due date, all outstanding invoices become immediately due and payable in full.
IX.6 In case of non-payment of an invoice, How To Art reserves the right, without any notice or judicial intervention, to suspend further deliveries, services and/or performances or to consider the agreement as dissolved, without prejudice to its claim for compensation.
IX.7 The Client must, in the event of a dispute, protest the invoices by email within 8(eight) calendar days of their receipt, under penalty of forfeiture. The Client can do this by sending an email to emily.vandriessen@gmail.com. In that email, the Client must clearly indicate that it is a dispute, as well as the details of the invoice in question.
IX.8 How To Art reserves the right to change the applied rates and prices at any time,and this for all services and products it offers. How To Art will notify the already committed Client by email prior to the implementation of the price change. The Client has the right to withdraw from the agreement within a period of thirty (30) days after the new rates come into effect. The Client may notify How To Art by sending an email to emily.vandriessen@gmail.com. If the Client does not do so, he/she is deemed to silently agree to the price change.
X. Intellectual property rights
X.1 All materials created and/or made available by How To Art remain the property of How To Art.
X.2 All materials created and/or made available by How To Art may only be used for the previously communicated purposes and/or destinations. The unauthorized use will consequently give rise to a new billing in the amount of the applied rate plus a 50% surcharge, separately for each established violation.
X.3 The Client is responsible for any identified unauthorized use by third parties.
XI. Liability
XI.1 How To Art and/or its appointees are not liable for any direct or indirect damages that may occur during or after the execution of the requested assignment or services provided, unless there is intentional or gross error or gross negligence on the part of How To Art and/or its appointees.
XI.2 The total of How To Art's liability can never exceed the amount of compensation due to How To Art for the services rendered.
XI.3 In case of force majeure, How To Art may suspend the execution of the agreement in whole or in part, and this for the duration of the force majeure. How To Art is not liable for any direct or indirect damages in case of force majeure. Force majeure is the situation in which an unforeseeable and inevitable event occurs, beyond the debtor's control, and which constitutes an insurmountable impediment to the fulfillment of the obligation, contract or commitment.
XI.4 If How To Art, at the occurrence of the force majeure situation, has already partially fulfilled her obligations, or can only partially fulfill her obligations, she is entitled to separately invoice the work already performed or materials already delivered and the Client is obliged to pay this invoice.
XI.5 If The Client finds an attributable shortcoming, he or she must notify How To Art as soon as possible by email. The Client can do this by sending an email to emily.vandriessen@gmail.com, describing the shortcoming accurately and in detail.
XI.6 Following The Client's notice of default, How To Art always has the right to remedy the shortcoming.
XI.7 If the Client, through any contractual or non-contractual failure on his part, compromises the liability of How To Art, he or she must take all necessary measures to indemnify How To Art against any damage it may incur as a result.
XII. Confidentiality
XII.1 Both parties are obliged to keep confidential information obtained prior to the agreement and during execution of the agreement and provision of the services. Information is considered confidential if this is indicated by the other party, if it is apparent from the nature of the information or from these general terms and conditions.
XIII. Processing of personal data
XIII.1 from you for the purpose of preparing offers, executing the agreement, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation and Belgian legislation on the subject. The legal grounds are the performance of the agreement, the fulfillment of legal and regulatory obligations and/or legitimate interest. Want to know more about the processing of personal data? Read our privacy policy.
XIV. Litigation
XIV.1 In the event of any dispute arising out of or related to these terms and conditions, our services or the provision of services, the parties will seek an amicable resolution.
XIV.2 In case of dispute regarding the validity, execution or interpretation of the contract, which cannot be resolved amicably, the Belgian courts of the registered office of How To Art shall have exclusive jurisdiction except when the mandatory provisions on jurisdiction for consumer contracts apply.