Article 1: General

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1.1 The General Terms and Conditions (hereafter: “General Conditions”) regulate the use of the website www.galeriemutu.com (hereafter: the “Website”), a Website subjected to the laws of Belgium with the company Maximilian Christiaens as founder, with company address Rue des Grands Carmes 19 box 3 1000 Brussels Belgium, with company number 0698 57 86 57 (hereafter: the “Seller”).

1.2 The Buyer (hereafter: the “Buyer”) is any natural or legal person who orders product(s) from the Seller.

1.3 The General Conditions regulate the contract relations between the Seller and the Buyer (hereafter: the “Parties”), independent from the location of the purchase. By signing or confirming an offer or any offer document, the Buyer formally acknowledges having read the General Conditions and accepts them without reservation and renounces its own terms and conditions of purchase, even if these contain a clause equivalent to the present one. The General Conditions are published on the Website.

1.4 The present General Conditions are the only ones applicable and replace all other conditions, unless expressly waived in writing beforehand. If these General Conditions conflict with any special conditions agreed by contract between the Parties, the conditions of the said contract shall prevail.

1.5 The Website is founded on behalf of and managed by the Seller. Visitors are not allowed to use the information on the Website for commercial purposes.

1.6 The General Conditions can be modified by the Seller at any time. The modifications shall be published on the Website and will enter into force 10 days after the publication on the Website.

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Article 2: Offers, Purchases and Contracts

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2.1 Placing an order or signing an order form or any other offer document by the Buyer binds the latter definitively and unconditionally and entails the conclusion of the sales contract with the Seller. Placing an order on the Website implies an obligation to pay.

2.2 The Buyer acknowledges that, prior to signing the order form, it has received all the information relating to the object of the order, the identity of the company, in particular its company number, its company name, its address of its contact information, the total price of the product including taxes and additional services, the terms of payment, the delivery information.

2.3 The Buyer expressly understands and acknowledges that the items offered for sale by the Seller are, given their nature, considered to be goods likely to deteriorate or expire rapidly within the meaning of Article VI.73 of the Code of Economic Law, such that the Buyer may not withdraw from the contract, whether the offer was made on the Website, by email, on the physical address of the company or on the occasion of any event (fair, exhibition, etc.) of any kind.

2.4 An order can only be placed on the Website. A customer has to be at least 18 years old to be able to place an order.

2.5 In order to conclude a purchase, the following steps have to be followed by the Buyer:

– Visit the detail page for the item you wish to buy and click “Add to Cart.” You can access your Cart at any time by clicking the Cart link, which is located on the site header.

– From the Cart page, you can continue the checkout process.

– Cost of delivery is not automatically included in the order. The Seller will contact you regarding the pick up or shipment of the goods.

– You can continue the checkout process by selecting your preferred payment method.

– When the checkout process is completed, you will receive an e-mail confirming your order.

2.6 The Seller undertakes the necessary steps in order to process the orders placed on the Website, considering the available supplies and within the time limits set forth in the General Conditions. The order can only be processed correctly if the Buyer has communicated all the necessary information, contacts and coordinates through the Website or by e-mail.

2.7 A purchase is not final until the acceptance of the General Conditions, the applicable price and the description of the offer.

2.8 All offers on the Website are purely informative and non-binding. When an order is placed, the Seller will confirm the order by e-mail and only upon confirmation by the Seller the order becomes final and binding.

2.9 The seller reserves the right to refuse an order in case of a serious suspicion of abuse of rights or bad faith.

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Article 3: Price and Payment

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3.1. The applicable prices are the prices that are mentioned on the Website at the time of ordering. These prices are firm and final. All prices displayed are in Euro, including VAT (Value Added Tax) and excluding shipping costs, unless stated otherwise or agreed upon in writing. The extent of shipping costs will depend on the size, weight and price of the goods, the Seller’s location and the Buyer’s address information, and will be communicated to the Buyer by email. Delivery costs are thus borne by the Buyer.

3.2 The Seller reserves ownership of the items until full payment has been received. By exemption on the article 1583 of the Civil Code, the transfer of ownership of the items only takes place after full payment of the full price, including costs and interests. More specifically, the Buyer may not transfer ownership of the items until full payment has been made, nor may the Buyer cede them, pawn them, pledge them or assign them to any security whatsoever. The risks will be borne by the Buyer.

3.3 The Seller accepts payment by bank transfer, credit card, or through PayPal and the order will be confirmed after receipt of the full payment by the Seller. Delivery by the Seller will only be organised after confirmation of the sale. If payment is not received within 5 business days, the order will be cancelled.

3.4 Any taxes and/or applicable duties of any kind are at the Buyer’s expense.

3.5 The Seller is not liable for any damages of any kind arising out of fraud or any other unlawful act through use of a bank card or credit card.

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Article 4: Pick-up and Delivery

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4.1 The Buyer is encouraged to pick-up the ordered goods at the company address.

4.2 The Seller will contact the Buyer regarding delivery. If the Buyer requests shipping of the goods, the delivery will be executed to the address specified by the Buyer once the purchase and delivery is confirmed by both parties. If an order cannot be delivered to the address specified by the Buyer, the Seller has the right to terminate the agreement without prior notice. The Buyer will be informed in writing, by e-mail or by telephone if such termination is the case. If the Buyer specifies a wrong address, any additional shipping cost will be charged to the Buyer.

4.4 The period of delivery starts upon receipt of the full payment. The delivery takes place as soon as possible and as confirmed by both parties, provided that the Buyer has communicated the necessary shipping information to the Seller. The period of delivery mentioned by the Seller is purely an indication and therefore not binding. If a delivery is made on another date than mentioned by the Seller, the Buyer is not entitled to any compensation of any kind.

4.5 Unless the parties agree otherwise, regarding the time of delivery, the Seller delivers the goods by transferring physical possession to the Buyer no later than 30 days after payment. If the Seller fails to deliver the goods within the time agreed upon with the Buyer or within 30 days of the order, the Buyer will request the Seller to execute the delivery within an additional period of time appropriate to the circumstances. If the Seller has not made the delivery within the aforementioned additional period, the Buyer will be entitled to terminate the agreement without cost or compensation.

4.6 The risk of loss of or damage to the ordered goods is transferred to the Buyer when the latter, or a third party duly authorised by the Buyer, takes physical possession of these items, or from the time of the delivery of the goods to the shipping carrier. This will be the case independently of pick-up or delivery.

4.7 The Seller is not responsible for any delay or failure of delivery attributable to the shipping carrier.

4.8 Concerning the packaging, the objects are carefully wrapped in bubble wrap or cardboard boxes by the Seller. All packaging costs are borne by the Seller.

4.9 The Buyer will be obliged to provide the Seller with accurate information about all particularities of the building to which the items are to be delivered. The Seller accepts no liability in the event of damage caused either to the building or to the objects as a result of incorrect information or the absence of information on the specific features of the building. In case of physical delivery by the Seller in person or any person duly authorised by the Seller, the ordered items will not physically be delivered in the absence of the Buyer or any person duly authorised by the Buyer. In the event that it is impossible to deliver the order using traditional access (staircase, goods lift, lift, etc.), any additional costs will be borne by the Buyer. If it is impossible to deliver the order due to the absence of the Buyer or of any person duly authorised by the Buyer, or if the particularities of the property do not correspond to the Buyer's description, or when delivery is postponed at the Buyer's request, the period of 30 days of these General Terms and Conditions is extended by 30 days.

4.10 The Buyer acknowledges that, prior to signing the order form, it has ascertained the nature and condition of the items covered by the offer. Given the specific characteristics of the works of art market, the risks of rapid deterioration of works of art and the risks of a reduction in the quotation of a work of art and the price at which it is sold, any complaint as to the conformity of the object must be made at the latest at the time of taking possession of the object or its delivery.

4.11 After the purchase of an object and on specific demand of the Buyer, the Seller will draw up a certificate stating the main information available concerning the offer and signed by the Seller. The certificate is given to the Buyer in person or sent by post within 30 days.

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Article 5: Right of Revocation

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5.1 Every consumer (i.e. any individual that buys a good for non-commercial purposes) and European resident has a right to revoke his or her order during a period of 14 calendar days, without the necessity to give any reason for the use of this right to revoke. This period of 14 calendar days starts from the day following the taking possession of the object or its delivery.

5.2 During this period 14 calendar days, the consumer will handle the goods and its packaging carefully. The consumer will only unpack the goods as far as necessary to assess whether the goods meet the description and specifications listed in the offer.

5.3 The returning of ordered goods can only be accepted if the item is not dirtied, damaged or spoiled, and is still in its original packaging. Additional packaging covering the original is allowed in case it is necessary for the protection of the goods.

5.4 To exercise the right of revocation, the consumer will notify the Seller before the expiry of the abovementioned period of 14 calendar days. The consumer will notify the Seller trough the contact page of the Website or by e-mail to info@galeriemutu.com.

5.5 The consumer must return the ordered goods in the same way as it has been delivered to the consumer (e.g. insured shipping by a carrier).

5.6 Any costs related to the returning of the ordered goods will be borne by the consumer.

5.7 The consumer must prove that the ordered goods are shipped back to the Seller (e.g. by means of proof of postal delivery) before the expiry of the 14 days period. When the consumer has not executed the shipment, nor delivered the necessary proof of shipment within the abovementioned period of 14 calendar days, the sale becomes final.

5.8 The abovementioned right of revocation will not apply when the goods are bought from a non-EU country or partner, or by a non-EU resident or legal entity.

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Article 6: Responsibilities and Guarantees

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6.1 Any issue or defect with respect to the delivery of the goods, damage or qualitative deficiencies must be reported to the Seller trough the contact page of the Website or by e-mail to info@galeriemutu.com.

6.2 In no event will the Seller, its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including (non-exhaustive list): any compensatory, incidental, direct, indirect, special, punitive or consequential damages (including but not limited to loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character or attorneys’ fees).

6.3 The seller is in addition not liable for:

– Any damage resulting from falsified goods or from goods that are not authentic or do not have the right certificate.

– Any damage or accident caused by the Buyer or third parties.

– Any divergent or unusual use of the goods.

– Any case of “force majeure”.

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Article 7: Force Majeure

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7.1 Force majeure situations that prevent execution of the agreement include inter alia (non-exhaustive list):

– natural catastrophes, earthquake, storm, fire, flood, pandemic etcetera;

– armed conflict, war, terrorist attack, etcetera;

– labour disputes, total or partial strikes that affect postal distribution, public services etcetera;

– lockout, lockdown etcetera;

7.2 The party relying on force majeure will immediately inform the other party of the occurrence and of the termination thereof.

7.3 The occurrence of a force majeure situation relieves both the Seller and the Buyer.

7.4 The parties are relieved from their commitments under the agreement if the force majeure situation continues for more than 2 months.

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Article 8: Evidence

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8.1 The Buyer accepts the use of electronic evidence.

8.2 The Buyer is solely and exclusively responsible for the accuracy of any information that he or she passes.

8.3 The final confirmation of the order by the Buyer implies the acceptance of the order at the communicated price. The confirmation by the Buyer is considered to be the signature and the explicit acceptance of all transactions on the Website.

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Article 9: Website User Responsibility

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9.1 The Website of the Seller is intended to provide general information to the Buyer about the offered goods. The Seller does not guarantee that the provided information is up-to-date, correct or complete, nor does the Seller guarantee the quality of such information in any other respect.

9.2 The Seller has the right to suspend or terminate the Website at any time for maintenance, update or any other reason, without the necessity of prior notice.

9.3 Third party websites need prior permission of the Seller in order to place a link to the Website on their own website.

9.4 The Seller cannot be held liable for:

– Any incorrect information on the Website (e.g. an incorrect price due to a technical problem on the Website);

– Any content on third party websites that are directly or indirectly linked to the Website;

– Any inconvenience or damage resulting from the use of the internet, by any failure of the system, the intrusion of outsiders or a virus;

– Any event that can be qualified as force majeure.

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Article 10: Protection of Personal Information

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10.1 The Seller collects and stores personal information from the Buyer in a database.

10.2 Such personal information may include the Buyer’s name, address, email address, date of birth and all other information that the Buyer chooses to provide on the Website.

10.3 This personal information will not be used for commercial purposes, other than helping to enhance the quality of the Buyer’s use of the Website.

10.4 The Buyer has a right of access, modification or rectification of his or her personal information. The Buyer can exercise this right by informing the Seller of his or her inquiry trough the contact page of the Website or by e-mail to info@galeriemutu.com.

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Article 11: Cookies

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11.1 A cookie is a text file that is assigned by a web server and stored on a user’s computer to uniquely identify the browser on a particular computer for record-keeping purposes.

11.2 The Seller uses cookies to collect aggregate information about the use of the Website, to identify users when they return to the Website, to track navigational patterns of usage, and to access user preferences. The Seller does so to enhance the quality of the Buyer’s visit to the Website, to access the Buyer’s preferences and to personalise the Website to the needs of the Buyer.

11.3 The Seller uses temporary cookies to ensure that the Buyer is recognised when he or she moves from page to page on the Website, and to make sure that information entered by the customer on the Website will not get lost while the Buyer is navigating the Website.

11.4 The Seller also uses persistent cookies to remember the subsequent visits of a user on the Website, which enables the Seller to provide the Buyer with a more enhanced, efficient and personal experience when he or she returns to the Website.

11.5 If the Buyer wishes not to have cookies placed on his or her computer, he or she can commission his or her browser to refuse or remove the cookies. However, this will limit the system performance of the Website, and may even cause certain features of the Website to malfunction.

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Article 12: Intellectual Property

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12.1 The artist remains the owner of all intellectual property rights of the goods created by him or her, as defined by Belgian law. The rights of representation and the right of reproduction of the goods presented on the Website also belong to the artist. His or her authorisation is necessary for any exploitation of these rights. The rights of the Buyer to the purchased goods is therefore limited to a right of physical ownership and private use, excluding any right of representation or reproduction.

12.2 The Website in itself and all the elements presented on this Website (e.g. photographs, images, designs, illustrations, texts, videos, logos, screen savers, backgrounds, trademarks, models, software programs etcetera) are protected by the right of the author and all other intellectual property rights.

12.3 No content on this Website may be used, downloaded, uploaded, copied, printed, displayed, performed, reproduced, modified, deleted, added to, licensed, posted, transmitted or distributed, in whole or in part, for any public or commercial purpose, without specific prior and written approval of the Seller.

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Article 13: Miscellaneous

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13.1 The nullity of one of the clauses of these General Conditions does not affect the validity of the other clauses.

13.2 If any part of these General Conditions is declared abusive, the clause will nevertheless remain applicable.

13.3 If any part of these General Conditions is found to be invalid, the Seller reserves the right to replace this part with another modified clause.

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Article 14: Jurisdiction

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14.1 Any dispute regarding these General Conditions will be under the exclusive jurisdiction of the courts of Brussels (Belgium).

14.2 The present General Conditions are governed by the Belgian law, excluding the provisions of the Vienna Convention on the international sale of goods.