Terms of Use / Terms of sale

General conditions of use of the site and general conditions of online sale of works of art exhibited on the site.

ARTICLE 1: Definitions

The terms below will have, between that’s what x said and the User of the Site, the following definition:

Terms of Use: designates the present general conditions of use governing the respective obligations of the Users and that’s what x said within the framework of the access and the use of the Site;

Works: refers to any artwork of an artist, original or multiple, presented or put on sale on the Site;

that’s what x said: refers to the private limited liability company, registered with the Banque-Carrefour des Entreprises under the name Huberty & Breyne Gallery, with the company number BE 0821 063 230, and whose registered office is located at 142 Rue Blaes, 1000 Brussels, Belgium;

Services: refers to the services of sale, at a fixed price, of Works on the Site and the services of information on the gallery, on current, future and past exhibitions, on selected news, of presentation of the artists and their works;

Site: shall designate the Internet site accessible at the address https://thatswhatxsaid.com;

Users: refers to any person having access and/or using the Site and the Services offered therein.

ARTICLE 2: Purpose

The present general conditions of use define the conditions of access and use of the website https://thatswhatxsaid.com by the Users.

This Website allows that’s what x said to inform Users about the gallery, about current, upcoming and past exhibitions and fairs, about selected news, and to present artists and their works.

The Site also allows that’s what x said to sell online, at a fixed price, certain Works of art.

The Site also allows Users to subscribe to that’s what x said’s newsletters in order to be informed of certain news (on current or upcoming exhibitions or on Works present in the Store) or to contact that’s what x said by emailing contact@thatswhatxsaid.com.

The present GTC are not applicable to gallery sales or to the relationship with that’s what x said when it acts as a custodian or sales agent for owners of Works. In these cases, specific terms and conditions will apply. Please contact that’s what x said in this regard. The navigation on the Site remains however independent and subject to the present Terms of Use.

ARTICLE 3: Responsibility of that’s what x said

that’s what x said strives to ensure to the best of its ability the accuracy and updating of the information published on the Site, of which it reserves the right to correct, at any time and without notice the content. However, it cannot guarantee the accuracy and updating of this information.

The Site is permanently accessible. However, access to all or part of the content of the Site may at any time, without notice or compensation, be subject to interruption, suspension or modification, in particular to carry out updates, maintenance operations or modifications of any kind in order to develop the Services and content of the Site and to offer new Works to sell.

That’s what x said cannot be held responsible for any damage, direct or indirect, resulting from the use of the Site.

that’s what x said uses all means at its disposal to ensure quality access to the Site, its Services and the Works. This obligation is an obligation of means, the responsibility of that’s what x said will not be engaged if this result is not achieved.

In particular, that’s what x said shall not be held responsible in case of interruption or impossibility of access to the Site, modification of the Site or any damage caused by fraudulent acts emanating from third parties from this site.

ARTICLE 4: Obligations of the User

The User undertakes to use the Site only under the conditions defined by these GCU and thus:

not to divert the use of the contents to personal or advertising purposes;

not to access and/or maintain fraudulently on the Site. Any fraudulent access or maintenance of the Site is prohibited and punishable by law. The same applies to any interference with or alteration of the operation of the Site, or in the event of the introduction, deletion or modification of the data contained therein;

not to disrupt the proper functioning of the Site, and in particular not to introduce viruses.

ARTICLE 5: Responsibility of the User

The User uses the Services and contents of the Site under their exclusive responsibility.

The User undertakes to use the Site in compliance with these Terms of Use, as well as with the applicable laws and regulations.

ARTICLE 6: Newsletter subscription and contact form

The User has the possibility to fill in a form in order to receive newsletters from that’s what x said. To do so, they will have to introduce their e-mail address.

The User also has the possibility to contact that’s what x said by email via contact@thatswhatxsaid.com. To do so, they must enter their first and last name, their e-mail address and a message.

ARTICLE 7: Purchase of a Work

The User has the possibility of ordering, and thus acquiring, the Works offered on the Site. This sale will be made at a fixed price. The price includes all taxes and the right to follow, but excludes any packaging and delivery costs.

that’s what x said acts as seller in this sale and is either the owner or the exclusive agent of the owner of the Works for the purposes of their sale.

The description and presentation of the Works are purely indicative. that’s what x said takes every precaution to ensure that they correspond as closely as possible to reality. The buyer has the possibility, prior to any purchase, to visit that’s what x said (Rue Blaes 142, 1000 Brussels, Belgium) in order to observe the quality and characteristics (dimensions, colors, materials, etc.) of the Work for sale. that’s what x said cannot be held responsible if a Work does not meet the expectations of the buyer.

When placing an order, the User will have to introduce their country of residence and a postal address, their first and last name, their e-mail address and, if applicable, the details of their company, the VAT number as well as the telephone number. Their invoicing data will also be collected to allow the finalization of the order and the payment of the Works they acquire.

The transfer of ownership of the Works ordered will take place at the time of payment of the price of the Work.

The purchaser will have the choice of picking up the Work in the gallery of that’s what x said in which it is located or to use a carrier of their choice to have it delivered.

Picking up the Work in the gallery will not entail any costs for the Buyer, except for the possible packaging costs. The transfer of risk will take place at the time the purchaser takes possession of the Work, and at the latest 20 working days after that’s what x said has informed the purchaser that the Work is available in the gallery. Collection from the gallery is during the gallery’s opening hours.

The buyer also has the possibility to have the Work delivered to the address of their choice. In this case, the transfer of risks takes place when the carrier takes possession of the Work, and at the latest 20 working days after the order is placed. The purchaser may use the carrier of their choice.

In any case, packaging costs will be charged to the buyer.

No collection or delivery can be made until full payment of the price of the Work has been received.

that’s what x said reserves the right to put back on sale the Works which would not have been withdrawn within one year, and this without need of putting the purchaser in default and without refunding.

In the event that a Work is sold in a gallery simultaneously with its online sale, the online sale will be null and void. In this case, the buyer will be immediately reimbursed for the purchase price of the Work. that’s what x said does everything in its power to avoid such circumstances and cannot be held responsible for any damage or loss resulting from the nullity of the sale.

ARTICLE 8: The right of withdrawal

The purchaser of a Work has a period of 14 days from the date of collection in the gallery by them or by any person designated by them or from the date of delivery by the carrier of their choice to withdraw from their purchase from that’s what x said.

The buyer can express their right of withdrawal by means of any unambiguous statement explaining their decision to withdraw by e-mail to contact@thatswhatxsaid.com or by registered mail to the postal address of that’s what x said (that’s what x said, 142 Rue Blaes, 1000 Brussels, Belgium), the date of sending being taken as proof.

that’s what x said will refund the price within 15 days of the recovery of the Work in its original condition using the same payment method as the one used by the buyer for the initial transaction, unless the buyer communicates another method of refund without additional costs to that’s what x said. Shipping and return costs are at the buyer’s expense and will not be refunded.

The reimbursement will only take place if the buyer returns the Work to that’s what x said within 14 days following the notification of their will to withdraw from their purchase. The return is at the expense and risk of the buyer.

No refund will be made if the Work is not returned in its original condition, in particular if the Work is damaged during transport or by the buyer, or if the Work is soiled (stains, fingerprints, etc.).

ARTICLE 9 : The guarantees

The Work sold by that’s what x said benefits from the legal guarantee of conformity as well as the guarantee of hidden defects, in accordance with the applicable legislation.

When the Work has a defect that makes it unfit for its intended use, it can be returned to that’s what x said at the expense of the latter, and all the amounts paid by the buyer and caused by the sale will be refunded to him, unless he has damaged the Work. In accordance with article 7, the description and presentation of the Works are purely indicative and correspond as closely as possible to reality. The buyer has the possibility, prior to any purchase, to visit that’s what x said (Blaesstraat 142, 1000 Brussels) in order to observe the quality and the characteristics (dimensions, colors, materials, etc.) of the Work on sale. These are therefore presumed to be well known to the buyer and cannot be considered as a defect. that’s what x said will not be held responsible for hidden defects of which it was not aware.

The Work sold by that’s what x said also benefits from the guarantee of eviction. However, the seller will only be held responsible for the restitution of the price in case of eviction if the buyer was not aware of the risk of eviction or if he did not accept such a risk.

In the event of eviction, and in return for the return of the Work, the purchaser shall be entitled to the restitution of the full price paid.

In no case, except in the case of an imperative legal provision to the contrary, that’s what x said shall not be held liable for any damages whatsoever in the case of non-conformity, eviction or any other similar cause, its obligations never exceeding the restitution of the price paid.

ARTICLE 10: Intellectual property rights of that’s what x said

The domain name of this Site belongs to that’s what x said. that’s what x said or the respective owners with whom that’s what x said has entered into agreements of use, are holders of the intellectual property rights to all the elements making up the site (texts, graphic charter, tree structures, logos, photographs, videos, etc.).

As such, unless prior written permission from that’s what x said, the use of all or part of the Site, particularly by downloading, transmission, reproduction, representation or dissemination for purposes other than for personal and private use for non-commercial purposes of the User is strictly prohibited.

Any reproduction of the images, texts, brands and/or logos appearing on the site, by any means whatsoever, without prior written authorization from that’s what x said and from the rightful owners concerned is strictly forbidden.

Likewise, any reproduction or use of any Work appearing on the site, in whole or in part, by any means whatsoever, without prior written authorization from that’s what x said and the relevant rights holders, and is contrary to articles XI. 164 and following of the Belgian Code of Economic Law and is strictly forbidden.

The violation of the rights of that’s what x said, of those of the authors of the Works or of their assignees, constitutes an act of counterfeiting likely to engage the civil and/or penal liability of the author of such infringement.

The present GTU do not imply any transfer of any kind to the User of intellectual property rights on the contents belonging to that’s what x said nor on the Works reproduced on the Site.

The User is forbidden to take any action or perform any act that may directly or indirectly infringe on the intellectual property rights of that’s what x said or on those of the rights holders of the Works reproduced on the Site.

ARTICLE 11: Resale right

At the time of the sale of Works (including copies considered as original works of art), a resale right is due to the author of the work, or to their heirs and assigns, if the author has not died for more than 70 years.

This right is provided for in articles XI. 174 to XI. 178 of the Belgian Code of Economic Law. It is calculated on the sales price before tax, provided that the latter amounts to at least 2,000 euros, and amounts to 4% for the portion of the sales price up to 50,000 euros; 3% for the portion of the sales price between 50,000.01 euros and 200. 200,000; 1% for the portion of the sales price between €200,000.01 and €350,000; 0.5% for the portion of the sales price between €350,000.01 and €500,000; and 0.25% for the portion of the sales price exceeding €500,000. The total amount of the duty may not exceed 12,500 euros.

The amount of the resale right is included in the sale price. that’s what x said will transmit it to the organizations having the power to collect it, according to the legislation in force.

ARTICLE 12: Hypertext links

The Site of that’s what x said authorizes the installation of hypertext links pointing towards its contents. However, that’s what x said does not control the content nor the policy of confidentiality and protection of personal data of these sites and consequently declines any responsibility concerning the access and the contents of these sites.

That’s what x said website also contains links to websites of partners. That’s what x said is not responsible for the content of these sites.

ARTICLE 13: Personal data

When you browse the Site and use the Services offered therein, that’s what x said, acting as a controller within the meaning of Article 4.7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) may collect certain personal data about you.

When you subscribe to the Newsletter, that’s what x said collects your email address in order to send you news. It does so on the basis of your consent (article 6.1.a of the GDPR). Your e-mail address will be kept by that’s what x said as long as you remain subscribed to the Newsletter and then for a period of five years.

When you contact that’s what x said using the “Contact Us” form, that’s what x said collects your first and last name, your e-mail address, and any other personal data you provide in your message. It does so on the basis of your consent (article 6.1.a of the GDPR). Your data will then be kept by that’s what x said for a period of five years from the last contact.

When you purchase a Work on the Site, that’s what x said collects your first and last name, your e-mail address, your country of residence, a postal address and your payment data. If the purchase is made by a company, that’s what x said will also collect your company’s contact information, VAT number and telephone number. It does so on the basis of the necessity to execute the sales contract binding you (article 6.1.b of the RGPD) as well as on the basis of its legal obligations to comply with anti-money laundering rules (article 6.1.c of the RGPD). Your data will then be kept by that’s what x said for a period of five years from the full execution of the sales contract. that’s what x said will also keep your e-mail address and the company’s telephone number in order to send you its newsletter and for prospecting purposes. It does so on the basis of its legitimate interest (article 6.1.f of the GDPR). This data will be kept by that’s what x said as long as you have not objected to it in accordance with your rights listed below.

Under no circumstances will that’s what x said transfer your personal data to third parties.

In accordance with the regulations in force, you have the following rights:

The right of access to personal data concerning you that’s what x said would have in its possession;

The right to rectify your personal data;

The right to object to the processing of your personal data;

The right to limit the processing of your personal data;

The right to the erasure of your personal data;

The right to the portability of your personal data.

For more information about exercising your rights, please see Articles 16 to 21 of the GDPR.

The exercise of these rights is sometimes subject to conditions and may be refused by that’s what x said if the requests to exercise these rights do not correspond to the situations provided for by the applicable regulations on personal data.

You may exercise your rights by sending your request together with a copy of your identity card to our postal address (that’s what x said, Blaesstraat 142, 1000 Brussels, Belgium) or to the following e-mail address: contact@thatswhatxsaid.com.

The processing of such a request will be done as soon as possible, and at the latest within three months from your request.

Finally, if that’s what x said does not satisfy your requests, you have the right to lodge a complaint with a personal data protection authority, namely in Belgium the DPA (https://www.autoriteprotectiondonnees.be).

ARTICLE 14: Cookies

If you consent to the placement of non-functional cookies, that’s what x said will also collect other data about you.

We invite you to refer to the following address to learn more about our Cookie Policy: [insert link].

ARTICLE 15: Anti-money laundering obligations

Pursuant to Directive (EU) 2015/849 of May 20, 2015, which has been transposed into Belgian law by the Act of September 18, 2017 on the prevention of money laundering and terrorist financing and the limitation of the use of cash, and into French law in Chapters 1 and 2 of Title VI of Book V of the Monetary and Financial Code, that’s what x said is obliged to implement various identification and risk management mechanisms in order to fight money laundering.

Thus, that’s what x said must identify any person carrying out a transaction, or a series of related transactions, equal to or exceeding 10,000 euros. For natural persons, this identification will be done through the verification of an identity document. For legal entities, this identification will be done by proof of the existence of the entity, the names of the directors and the beneficial owner of the entity. Where the transaction is made by an intermediary on behalf of its client, that’s what x said will identify both the intermediary and the acquirer.

Payment for these transactions should be made from a bank account held by the person named on the invoice. If the purchase is paid for by a third party, that’s what x said will only accept the funds after confirmation of the source of the funds in accordance with applicable law. If the funds come from a bank in a country considered risky that’s what x said will be obliged to report this.

All data collected by that’s what x said in order to comply with its obligations will remain confidential and secure.

ARTICLE 16: Security and confidentiality

that’s what x said commits itself to implement all the necessary means to guarantee the security and the confidentiality of the data.

The User commits himself informing that’s what x said of any failure of the Site of which he would have knowledge.

ARTICLE 17: Acceptance and opposability of the Terms of Use

The use of the Site by the User implies the acceptance by the latter of the present Terms of Use. The Terms of Use are deemed to have been read, and are therefore applicable and enforceable against the User on the date of the User’s first use of the Site. When accessing and using the Site, the User must comply with all the provisions of these Terms of Use. The User may at any time renounce using the Site but remains responsible for any previous use.

ARTICLE 18: Modification of the Terms of Use

that’s what x said is likely to modify, unilaterally and at any time, the present Terms of Use in particular to adapt them to the legislative or regulatory modifications, or to adapt them in the event of modification and evolution of the Services and Works proposed on the Site.

The User must regularly consult the Terms of Use in order to be informed of any changes that may be made. If the User continues to consult the Site after the date of publication of new Terms of Uses, he/she is deemed to have read and accepted them.

ARTICLE 19: Final provisions

The present Terms of Use are governed by Belgian Law. Any dispute relating to their existence, their validity, their interpretation and their execution will be decided by the competent court of the district of Brussels.

If one or more of the terms of the present Terms of Use should be held to be null and void or declared as such in application of a law, a regulation or following a decision that has become res judicata by a competent court, the other terms will remain valid and applicable.

 


 

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