TERMS AND CONDITIONS
General Terms and Conditions
1 – PURPOSE AND ENFORCEABILITY
2 – ACCEPTANCE
3 – ORDER
4 – SALES PRICE AND TERMS OF PAYMENT
5 – DELIVERY OF THE ARTWORKS
6 – RIGHT OF WITHDRAWAL
7 – STATUTORY GUARANTEES
8 – FORCE MAJEURE
9 – INTELLECTUAL PROPERTY
10 – DATA PROTECTION
11 – APPLICABLE LAW
12 – DISPUTE RESOLUTION
13 – COMPETENT JURISDICTION
1 – PURPOSE AND ENFORCEABILITY
The purpose of the Frank Willems website is to present artworks and products by Frank Willems to users (potential “Buyers”) and to offer them the opportunity to discover and purchase them directly online.
These general terms and conditions are intended to define the terms and conditions for online sales of artworks and products available on the site, as well as the rights and obligations of both parties.
Sales made through the site are entered into directly between the Buyer and Frank Willems.
2 – ACCEPTANCE
To conclude a sales agreement, both the Buyer and Frank Willems must unconditionally accept these general terms and conditions. Acceptance is confirmed by checking a box on the checkout page.
3 – ORDER
Artworks and products are offered for sale on the website, subject to availability.
Each artwork is accompanied by a brief description including material, dimensions, weight, and type.
To place an order, the Buyer must select the desired item, add it to the shopping cart, and enter the necessary personal information. Before finalizing the order, the Buyer must review the order summary, correct any mistakes, and check the shipping costs.
Payment is charged immediately upon ordering.
If the artwork or product is no longer available, the Buyer will receive an email within 48 hours, the order will be canceled, and a refund will be issued.
4 – SALES PRICE AND TERMS OF PAYMENT
The sales price of each artwork is listed on the website in the currency chosen by the Buyer, including all applicable taxes, excluding shipping and packaging costs.
Different shipping options and related costs are shown in the order summary. Shipping and packaging costs depend on the type of artwork, its dimensions and weight, and the destination.
Payment must be made via the available payment methods provided by Frank Willems.
Ownership transfers once full payment has been made. If the payment is not completed, the sale is automatically canceled, and the artwork will be relisted on the website.
5 – DELIVERY OF THE ARTWORKS
Delivery will take place at the address provided by the Buyer during business hours and according to the carrier’s terms.
The Buyer is responsible for informing themselves about the delivery procedures and schedules of the chosen carrier.
The Buyer bears full responsibility for the delivery process, including adherence to delivery times, quality of packaging, and the conformity of the delivered artwork. Frank Willems cannot be held liable; the Buyer must address complaints directly to the carrier.
Upon receipt, the Buyer must immediately inspect the condition of the artwork and report any damage in writing within 48 hours to Frank Willems.
6 – RIGHT OF WITHDRAWAL
In accordance with article L.121-21 of the French Consumer Code (law of 17 March 2014), the Buyer has the right to withdraw from the purchase within 14 days of delivery, without providing any reason or incurring any costs.
The Buyer can exercise this right by sending an email to: shop@frank-willems.com.
Frank Willems will handle the cancellation and process the refund within 14 days from the date of the withdrawal notification.
Refunds cover only the purchase price paid for the artwork or product. Shipping costs are borne by the Buyer.
Returned artworks that are damaged or soiled will not be accepted or refunded; Frank Willems reserves the right to make this determination at their sole discretion.
7 – STATUTORY GUARANTEES
Frank Willems undertakes to comply with and implement the Buyer’s statutory guarantees, including the guarantee against non-conformity and hidden defects.
8 – FORCE MAJEURE
In the case of force majeure, performance of the agreement may be suspended or, if impossible, the sale may be canceled.
Force majeure includes all events usually recognized by Dutch case law as being beyond the control of the obligated party, unforeseeable at the time of the agreement, and unavoidable despite all reasonable measures.
The party invoking force majeure must immediately inform the other party and also notify them once the situation has ended.
9 – INTELLECTUAL PROPERTY
Frank Willems guarantees that he is the author of the sold artwork or product and that it does not infringe any laws or third-party rights.
He undertakes to protect the Buyer against any claims brought by third parties regarding the purchased artwork or product under the warranty of quiet possession.
Upon sale, Frank Willems transfers ownership of the physical artwork and the rights to display it to the Buyer.
However, Frank Willems retains moral rights and reproduction rights to the artwork.
10 – DATA PROTECTION
Frank Willems collects and stores personal data from the Buyer for the proper execution of the agreement.
According to French Law No. 78-17 of January 6, 1978 on Information Technology and Civil Liberties, the User has the right to access, modify, correct, or delete their personal data, and to object to its transmission to third parties on legitimate grounds, by sending a request to: shop@frank-willems.com.
Personal data will be deleted no later than six months after account cancellation.
Frank Willems reserves the right to retain certain data to demonstrate contractual or legal compliance. Such data will be limited to what is strictly necessary.
Frank Willems is committed to taking all necessary steps to protect the confidentiality of Buyer information.
11 – APPLICABLE LAW
These general terms and conditions are governed by Dutch law.
12 – DISPUTE RESOLUTION
In the event of a dispute, the Buyer has the right to contact a consumer mediator for an amicable resolution, as provided by articles L.611-1 and R.612-1 of the Consumer Code.
A list of recognized mediators can be found on the official government website: https://www.consuwijzer.nl.
13 – COMPETENT JURISDICTION
Any dispute concerning the validity, interpretation, or execution of these general terms and conditions will be submitted to the Dutch courts.