Terms and conditions

1. Unless otherwise expressly agreed in writing by cadet capela (hereinafter the “Gallery”), these general sales terms and conditions (“General Terms”) are exclusively applicable to sales contracts entered into with the Gallery and prevail over the buyer’s general terms and conditions. They are formally accepted when the Pro Forma document and General Terms are received by the buyer.

2. A copy of the General Terms shall be supplied to the buyer alongside the Pro Forma document and the Final Invoice.

3. The General Terms apply to every artwork sale made by the Gallery, regardless if it acts as the seller or as an intermediary (selling agent acting on behalf of the seller).

1. When sending the Pro Forma document, the Gallery shall mention whether it acts as a seller or an intermediary. If the Gallery acts as an intermediary, the ownership is transferred from the seller to the buyer.

2. The sold artwork is reproduced on a photograph and described in detail on the Pro Forma document.

3. The artwork shall not be released until the invoice has been paid in full.

4. The artwork shall be delivered to and available for pick up at the address specified by the Gallery (i.e. Gallery’s or artist’s premises, foundry, art fair, warehouse, museum, art centre etc). If the sold artwork is part of an exhibition, it shall not be available for collection until the end of the exhibition. The buyer will be responsible for organising transport of the work from the pickup address and the related formalities. The buyer shall bear the costs of transportation, insurance, taxes and customs duties. Upon the buyer’s request, the Gallery may make recommendations for transport and/or insurance companies. Any claims about the artwork’s condition must be made upon collection at the Gallery’s pickup address. The risks are transferred to the buyer upon remittance of the artwork to the shipping company. The Gallery shall not, in any circumstances, be held liable for the damages, delays or other occurrences arising from or relating to the artwork’s transportation. Claims related to the artwork’s condition after transportation and remittance to the buyer must be directed by the buyer to the shipping company. Any transport and storage costs resulting from the buyer’s refusal to accept delivery of the artwork or, more generally from his fault or negligence, will be at his expense.

1. The artwork is sold for the price stated in the Pro Forma document. The following costs (not exhaustively listed) are not included in the price and must be borne by the buyer: all costs relating to the artwork transportation, insurance, importation and delivery of the artwork.

2. Unless otherwise agreed upon by the parties, the price is payable upon receipt of the Pro Forma document. The payment shall be made to the bank account specified therein. A final invoice (“Final Invoice”) shall be issued when the price of the artwork has been paid in full.

3. The Final Invoice constitutes the proof of authenticity of the artwork.

4. The Gallery may agree on payment over several instalments as defined in the Pro Forma document. If the buyer fails to pay one instalment by the due date, the Gallery may at its discretion:

   • claim the outstanding amount (applying the interest and penalty due under article 3.5 without a default notice);

   • cancel the sale and refund payments made after deducting a penalty of 1,500 eur as compensation.

5. In case an amount is not paid at the due date, it shall automatically accrue 10% interest (yearly) along with a 10% penalty on the outstanding amount. The buyer cannot attempt to offset the sum owed to the Gallery based on being a Gallery’s creditor.

6. The seller (the Gallery or the seller for which the Gallery is acting) keeps the artwork’s ownership title until the price is paid in full.

7. Commissioning an artwork to be manufactured shall be subject to the payment of a deposit upon receipt of the Pro Forma document. The balance of the price shall be paid at the date indicated in the Pro Forma document. If the buyer does not pay the balance in due time, the Gallery may at its discretion:

   • claim payment of the outstanding amount (applying the interest and penalty due under article 3.5 without any default notice);

   • cancel the sale and keep the deposit as compensation.

Unless otherwise agreed, the reseller of the artwork shall pay for resale rights (when applicable).

The artwork sold to the buyer may be protected under copyright law. The sale does not constitute assignment, transfer or licence of any copyright. The buyer shall acquire the author or copyright holder’s consent before any reproduction or communication of the protected subject matter to the public. It is forbidden for the buyer to modify the artwork in any way without the author’s or the copyright holder’s prior consent. The transfer of the object incorporating the copyright protected work does not entail the right to exploit it. The author shall have reasonable access to their work if this is necessary to exercise their economic rights under copyright.

The Gallery processes the buyer or other data subject’s personal data under the General Data Protection Regulation n° 2016/679 of 27 April 2016 and the applicable national laws. The processing operations are described in the Gallery’s Privacy Policy, accessible online at www.xavierhufkens.com/privacy.

The Gallery shall comply with the legal requirements relating to the identification of the buyer or the buyer’s representative. To this purpose, the buyer shall provide the Gallery with all the documents necessary for the verification of its identity and shall authorize the Gallery to receive or keep or preserve a copy thereof. Unless application of the abovementioned legislation requires disclosure of the collected information, the Gallery shall keep all the information supplied by the buyer as confidential.

1. The sales agreement between the buyer and the Gallery is subject to French Law

2. If there is any dispute, the courts of Brussels shall have exclusive jurisdiction, without prejudice to the Gallery’s right to bring the dispute before another competent court if it deems it more appropriate.