Conditions of Sale

1. Pricing

All prices displayed by Fen de Villiers VOF (hereinafter referred to as “Fen de Villiers”), whether communicated personally or published on the online gallery at fendevilliers.com, are valid at the time of listing but subject to confirmation upon purchase. Prices are only finalised and guaranteed once formally accepted by both Fen de Villiers and the Collector (hereinafter referred to as “Collector”) through written or verbal agreement.

All prices are stated in euros and include applicable VAT. Additional costs such as shipping, insurance and any applicable import duties or taxes, unless explicitly stated otherwise, are not included in the displayed price.

For international sales in currencies other than euros, the price will be charged at the current exchange rate at the time of payment processing. Any bank fees or currency conversion charges incurred during the transaction will be the responsibility of Collector.

Fen de Villiers reserves the right to modify prices prior to formal acceptance by Collector.

2. Payment

2.1 Existing artwork

For existing artwork that is currently in stock and available for immediate collection, full payment is required prior to shipping or pick-up.

An invoice will be provided upon selection of the piece, and the artwork will be reserved for Collector upon receipt of full payment.

2.2 Ordered artwork

For ordered editions that require production time (e.g. bronze casting or manual finishing), a 30% non-refundable deposit is required to initiate the production process.

Production will commence upon receipt of the deposit and the edition will be reserved for Collector

The remaining 70% payment is due prior to shipping or pick-up of the completed piece.

3. Delivery of the artwork

3.1 Shipping

After full payment of the agreed price, Fen de Villiers will start the shipping procedure with a professional shipping company (e.g. DHL) at the agreed time.

Collector is responsible for providing a correct and complete shipping address and valid phone number. The shipping company requires the recipient (Collector) to be reachable on the provided phone number during the shipping procedure.

Costs for tracked and insured shipping to the provided shipping address will be paid by Fen de Villiers (unless otherwise agreed). Potential import taxes are to be paid by the Collector (unless otherwise agreed). Import taxes will be charged by the shipping company during the shipping procedure.

3.2 In-person collection

For pieces collected in person, collection must be arranged within thirty (30) days of notification that the piece is ready (unless otherwise agreed).

Insurance during transport is the responsibility of the Collector

4. Title and Copyright

4.1 Transfer of Title

Title to the artwork transfers to the Collector upon full payment and delivery of the artwork.

4.2 Copyright

The purchase of an artwork does not include any transfer of copyright or reproduction rights, which remain with the artist. Collector may not reproduce, publish, or commercially exploit the artwork without written permission from Fen de Villiers

5. 14-day money-back guarantee for online purchases

5.1 Refund for existing artwork

Collector has a 14-day money-back guarantee on the order of existing pieces (as described in article 2.1) purchased online.

Fen de Villiers will organise the collection and return shipment of any purchased artwork.

If the requirements are met (see article 5.3), Collector will receive a full refund of the purchase, with the exclusion of import taxes, which remain for Collector’s account.

5.2 Refund for ordered artwork

For ordered sculptures (as described in article 2.2), only 70% of the total amount is refundable. The 30% deposit is non-refundable. In case of a problem with an ordered piece of sculpture, Collector can contact Fen de Villiers at bieke@fendevilliers.com for a solution that suits both parties.

5.3 Return requirements

The following is required for a returns request to be accepted:

It has to be less than 14 days after receiving the artwork.
The artwork must be in the same condition as it arrived and in appropriate packaging – ideally in its original packaging. (If the packaging was insufficient, the Collector should package to the best of their ability and be sure to take pictures for insurance purposes.)
Artworks must be carefully packed for return shipment.

For artworks that arrive damaged, Collector must provide a photo of the damage so that Fen de Villiers can learn more about the problem and file appropriate insurance claims.

Please note: Collectors have 14 days from receipt of the artwork in which to request a return and a further 14 days in which to fulfil it.

6. Cancellation

6.1 Canceling purchase of an existing artwork

An order of an existing artwork can only be canceled if the shipping procedure has not yet started. In this case, Collector will receive a full refund of the paid amount. If the shipping procedure has already started, the procedure described under article 5 is to be followed.

6.2 Canceling purchase of an ordered artwork

An order of an edition that requires production can only be canceled if production has not yet started. In this case, Collector will receive a full refund of the deposit. If the work has already started, the procedure described under article 5 is to be followed.

7. Authenticity and warranty

7.1 Authenticity

Fen de Villiers guarantees the authenticity of all artworks sold. Each artwork will be accompanied by a certificate of authenticity signed by the artist.

7.2 Material and Workmanship

All artworks are guaranteed against defects in materials and workmanship for a period of one (1) year from the date of delivery. This warranty does not cover damage resulting from improper handling, storage, or display of the artwork.

8. Liability

Fen de Villiers’ maximum liability under these conditions of sale shall not exceed the purchase price paid by Collector for the artwork.

9. Force Majeure

Neither party shall be liable for failure to perform its obligations if such failure is as a result of events beyond its reasonable control (including but not limited to fire, flood, earthquake, storm, power failure, war, pandemic, or acts of terrorism).

10. Applicable Law and Jurisdiction

These conditions of sale are governed by Belgian law. Any disputes arising from or in connection with these conditions shall be subject to the exclusive jurisdiction of the Belgian courts.

11.Amendments

Fen de Villiers reserves the right to amend these conditions of sale. Any amendments will not apply retroactively to orders already confirmed.

12. Severability

If any provision of these conditions of sale is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

13. Contact Information

For any questions or concerns regarding these conditions of sale, Collectors can contact:

Fen de Villiers VOF
Wolstraat 41
2000 Antwerpen
Belgium

Email: contact@fendevilliers.com

Telephone: +32 473 64 48 04 (Bieke Van Eersel)

VAT Number: BE 0700 417 501

1. Quotation and Project Agreement

All offers and quotations provided by Fen de Villiers VOF (hereinafter referred to as “Fen de Villiers”) for commissioned artwork are non-binding until formally accepted by the Client (hereinafter referred to as “Client”) in writing or verbally.

Client confirmation of a commission is considered binding and constitutes acceptance of these conditions of sale.

All quotations are stated in euros and include applicable VAT. Additional costs such as shipping, insurance, installation, and any applicable import duties or taxes are not included in the quoted price unless explicitly stated otherwise.

Any modifications or additional requests not included in the accepted quotation will be subject to a separate quote and invoice.

Fen de Villiers reserves the right to modify quotations prior to formal acceptance by the Client.

2. Payment

2.1 Project stages and payment schedule

Commission work or a specific stage of a commission will commence upon receipt of the agreed-upon advance payment or full payment for that stage.

Client will receive invoices for each project stage, based on the approved quotation and agreed timeline.

2.2 Payment terms

Payment is due within thirty (30) days of invoice date unless otherwise agreed in writing.

Any disputes regarding an invoice must be communicated to Fen de Villiers in writing within seven (7) days of invoice receipt.

2.3 Late payment

For undisputed invoices remaining unpaid after the thirty (30) day payment term, a payment reminder will be issued. If payment remains outstanding seven (7) days after the reminder, the matter will be referred to an external collection agency for initiation of legal collection proceedings. The Client shall be responsible for all associated costs including collection fees, legal expenses, and interest charges.

3. Project Timeline and Delivery

3.1 Timeline

Project timelines are estimates based on the agreed scope of work and are subject to material availability, production complexity, and Client approval at designated stages.

Fen de Villiers will provide regular updates on project progress and notify the Client of any potential delays.

3.2 Delivery arrangements

Shipping and delivery arrangements will be agreed upon by both parties at the time of commission confirmation.

For commissioned works requiring installation, additional terms and costs will be specified in the project agreement.

4. Title and Copyright

4.1 Transfer of title

Title to the commissioned artwork transfers to the Client upon full payment of all invoices and successful delivery or installation of the completed work.

4.2 Copyright and reproduction rights

The purchase of a commissioned artwork does not include any transfer of copyright or reproduction rights, which remain with the artist. The Client may not reproduce, publish, or commercially exploit the artwork without written permission from Fen de Villiers.

5. Concept Rights and Intellectual Property

Concepts, designs, sketches, and ideas presented by Fen de Villiers in the context of a commissioned project are the intellectual property of Fen de Villiers. These concepts and ideas cannot be used, produced, replicated, or developed by third parties without the express written approval and/or supervision of Fen de Villiers.

Preliminary designs and concept materials remain the property of Fen de Villiers even if the commission is not completed.

6. Client Responsibilities

6.1 Approvals and feedback

The Client is responsible for providing timely approvals and feedback at designated project stages to ensure project timeline adherence.

Delays in Client approvals may result in adjusted delivery timelines.

6.2 Site conditions

For commissioned works requiring installation, the Client is responsible for ensuring appropriate site conditions, access, and any necessary permits or approvals.

7. Cancellation

Project cancellation under exceptional circumstances may be considered by mutual agreement. However, cancellation will only apply to future project stages. Advance payments for completed stages are non-refundable due to time, materials, and design work already invested.

If cancellation occurs after production has commenced, the Client remains liable for all costs incurred up to the point of cancellation, including materials, labor, and design development.

8. Warranty

8.1 Authenticity

Fen de Villiers guarantees the authenticity of all commissioned artworks. Each artwork will be accompanied by a certificate of authenticity signed by the artist.

8.2 Material and workmanship

All commissioned artworks are guaranteed against defects in materials and workmanship for a period of two (2) years from the date of delivery or installation. This warranty does not cover damage resulting from improper handling, storage, display, or environmental factors beyond normal conditions.

9. Changes and Modifications

9.1 Client-requested changes

Changes to the agreed design or specifications requested by the Client after project commencement may be subject to additional charges and may affect the delivery timeline.

9.2 Force majeure modifications

Fen de Villiers reserves the right to make minor technical modifications to materials or techniques if required due to availability or unforeseen circumstances, provided the artistic integrity and overall design intent remain unchanged.

10. Liability

Fen de Villiers’ maximum liability under these conditions of sale shall not exceed the total commission price paid by the Client for the artwork.

Fen de Villiers shall not be liable for any indirect, consequential, or incidental damages arising from the commission or delivery of the artwork.

11. Force Majeure

In case of force majeure events affecting project timeline, both parties will work together to establish revised timelines and terms.

12. Applicable Law and Jurisdiction

These conditions of sale are governed by Belgian law. Any disputes arising from or in connection with these conditions shall be subject to the exclusive jurisdiction of the Belgian courts.

13. Amendments

Fen de Villiers reserves the right to amend these conditions of sale. Any amendments will not apply retroactively to commissions already confirmed.

14. Severability

If any provision of these conditions of sale is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

15. Contact Information

For any questions or concerns regarding these conditions of sale, Clients can contact:

Fen de Villiers VOF
Wolstraat 41
2000 Antwerpen
Belgium

Email: contact@fendevilliers.com
Telephone: +32 497 66 97 74
VAT Number: BE 0700 417 501

1. Service Quotation and Agreement

All proposals and quotations provided by Fen de Villiers VOF (hereinafter referred to as “Fen de Villiers”) for artistic services including but not limited to concept development, artistic consulting, curation, creative direction, and project advisory services are non-binding until formally accepted by the Client (hereinafter referred to as “Client”) in writing or verbally.

Client confirmation of a service engagement is considered binding and constitutes acceptance of these conditions of service.

All quotations are stated in euros and include applicable VAT. Additional costs such as travel expenses, accommodation, materials, third-party services, and any applicable taxes are not included in the quoted price unless explicitly stated otherwise.

Any modifications, additional requests, or scope changes not included in the accepted quotation will be subject to a separate quote and invoice.

Fen de Villiers reserves the right to modify quotations prior to formal acceptance by the Client.

2. Scope of Services

2.1 Service definition

The specific scope of artistic services will be clearly defined in the project agreement, including deliverables, timelines, Client responsibilities, and expected outcomes.

Services may include but are not limited to: concept development, creative consulting, curatorial services, art direction, project planning, exhibition planning, creative strategy, and advisory services.

2.2 Service limitations

Unless explicitly stated in the service agreement, Fen de Villiers’ services do not include project execution, production management, or ongoing operational responsibilities beyond the agreed consulting period.

3. Payment

3.1 Payment structure

Services will be billed at an hourly rate to be agreed upon based on the nature and complexity of the services required.

Time tracking will include all time spent on Client work including consultation, research, concept development, preparation, communication, and travel time as specified in section 3.3.

3.2 Payment terms

Payment is due within thirty (30) days of invoice date unless otherwise agreed in writing.

For ongoing services, invoices will be issued monthly or at agreed intervals based on work completed.

Any disputes regarding an invoice must be communicated to Fen de Villiers in writing within seven (7) days of invoice receipt.

3.3 Expenses and additional costs

Client pre-approval is required for expenses exceeding €200 per individual expense or €500 in aggregate per month.

Travel time to Client locations outside Belgium will be billed at 50% of the standard hourly rate plus actual travel expenses, unless otherwise agreed.

3.4 Late payment

For undisputed invoices remaining unpaid after the thirty (30) day payment term, a payment reminder will be issued. If payment remains outstanding seven (7) days after the reminder, Fen de Villiers reserves the right to suspend services until payment is received and may refer the matter to an external collection agency. The Client shall be responsible for all associated costs including collection fees, legal expenses, and interest charges.

4. Intellectual Property and Deliverables

4.1 Concept ownership

All concepts, ideas, strategies, methodologies, and creative frameworks developed by Fen de Villiers in the course of providing services remain the intellectual property of Fen de Villiers unless explicitly transferred in writing.

The Client receives a non-exclusive license to use deliverables specifically created for their project within the agreed scope and purpose.

4.2 Pre-existing intellectual property

Fen de Villiers retains all rights to pre-existing methodologies, processes, and general knowledge that may be utilised in the provision of services.

4.3 Client materials

The Client grants Fen de Villiers a limited license to use Client-provided materials solely for the purpose of delivering the agreed services.

4.4 Work product and documentation

Upon full payment, the Client will receive agreed deliverables which may include reports, presentations, recommendations, curatorial plans, or other documentation as specified in the service agreement.

5. Client Responsibilities

5.1 Information and access

The Client is responsible for providing timely access to necessary information, personnel, facilities, and materials required for service delivery.

The Client must ensure that all provided information is accurate and complete to the best of their knowledge.

5.2 Decision-making and approvals

The Client agrees to provide timely feedback, approvals, and decisions at designated project milestones to ensure project timeline adherence.

Delays in Client responses may result in adjusted service timelines and potential additional costs.

5.3 Implementation

Unless specifically included in the service scope, the Client is responsible for implementing recommendations and strategies developed by Fen de Villiers.

6. Confidentiality

6.1 Mutual confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of the service engagement.

This confidentiality obligation extends for a period of three (3) years following completion of services.

6.2 Public disclosure

Fen de Villiers may reference the Client relationship and general project scope in portfolio materials and business development activities unless specifically prohibited by written agreement.

Detailed project information, strategies, and confidential materials will not be disclosed without Client consent.

7. Service Timeline and Delivery

7.1 Timeline estimates

Service timelines are estimates based on the agreed scope of work and are subject to Client responsiveness, information availability, and complexity of requirements.

Fen de Villiers will provide regular progress updates and notify the Client of any potential delays.

7.2 Force majeure delays

Service timelines may be adjusted due to circumstances beyond reasonable control of either party.

8. Termination and Cancellation

8.1 Termination by Client

The Client may terminate services at any time with written notice. In such cases, the Client remains liable for all work completed up to the termination date plus any costs incurred for future commitments that cannot be cancelled.

8.2 Termination by Fen de Villiers

Fen de Villiers may terminate services with written notice in cases of non-payment, breach of agreement terms, or circumstances that prevent effective service delivery.

8.3 Work product upon termination

Upon termination, the Client will receive all work product completed and paid for up to the termination date.

9. Performance and Results

9.1 Professional standards

Fen de Villiers will perform all services with professional skill and in accordance with industry standards.

9.2 No guarantees of specific outcomes

While Fen de Villiers will use best efforts to achieve project objectives, no guarantee is made regarding specific business outcomes, financial results, or implementation success, as these depend on factors beyond Fen de Villiers’ control.

10. Modifications and Additional Services

10.1 Scope changes

Changes to the agreed service scope requested by the Client will be subject to additional charges and may affect the delivery timeline.

All scope changes must be approved in writing by both parties before implementation.

10.2 Additional services

Services beyond the original scope will be quoted separately and require separate agreement.

11. Warranty and Liability

11.1 Service warranty

Fen de Villiers warrants that services will be performed with professional competence and in accordance with the agreed specifications.

11.2 Limitation of liability

Fen de Villiers’ maximum liability under these conditions of service shall not exceed the total fees paid by the Client for the specific service engagement.

Fen de Villiers shall not be liable for any indirect, consequential, or incidental damages arising from the provision of services or implementation of recommendations.

12. Force Majeure

13. Applicable Law and Jurisdiction

These conditions of service are governed by Belgian law. Any disputes arising from or in connection with these conditions shall be subject to the exclusive jurisdiction of the Belgian courts.

14. Amendments

Fen de Villiers reserves the right to amend these conditions of service. Any amendments will not apply retroactively to service engagements already confirmed.

15. Severability

If any provision of these conditions of service is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

16. Contact Information

For any questions or concerns regarding these conditions of service, Clients can contact:

Fen de Villiers VOF
Wolstraat 41
2000 Antwerpen
Belgium

Email: contact@fendevilliers.com
Telephone: +32 497 66 97 74
VAT Number: BE 0700 417 501