General Terms and Conditions ArtNomadique

Article 1 – Identification of the Organizer

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ArtNomadique is a project by:
Name: Dieter Deconinck (DDKing) – sole proprietorship (side activity)
Trade names: DDKing / ArtNomadique
Company / VAT number: BE1002.879.733
Legal form: Natural person – sole proprietor (VAT-liable)
Registered office: Camille Lemonnierlaan 124, 9600 Ronse, Belgium
Pop-Up Gallery location: Wijnstraat 16, 9600 Ronse, Belgium
Contact: info@artnomadique.com

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Freelance support: ArtNomadique is operationally supported by Marc Janssens (Mrac Acrylic Art), acting as an independent freelance advisor/curator/organizer. Marc is not part of the organizer’s business entity and operates solely as an independent contractor.

Article 2 – Definitions

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• Organizer: ArtNomadique, represented by Dieter Deconinck.

• Artist/Participant: any natural or legal person participating in an ArtNomadique exhibition.

• Gallery: ArtNomadique Gallery, Wijnstraat 16, 9600 Ronse.

• Group exhibition (external): exhibition organized by ArtNomadique at external locations.

• Force majeure: any circumstance beyond the reasonable control of the organizer, including but not limited to fire, natural disaster, epidemic, strike, war, energy shortages and government measures.

Article 3 – Applicability

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1. These terms and conditions apply to all agreements between the organizer and artists.

2. Deviations are only valid if confirmed in writing by the organizer.

3. By registering or participating, the artist fully accepts these terms and conditions.

Article 4 – Formation of the Agreement

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1. The agreement is concluded once a complete dossier has been submitted (3 photos of recent works, average sales price, short bio, preferred month), confirmed by the organizer, and the participation invoice has been paid.

2. The organizer reserves the right to refuse applications without giving reasons.

Article 5 – Prices and Payment

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5.1 Group Exhibitions (external locations)

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• Standard locations: €295 incl. VAT.

• De Cultuurfabriek (Ronse): €350 incl. VAT.

• No sales commission.

• No vernissage included.

5.2 ArtNomadique Gallery

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• Participation fee: €400 excl. VAT (€484 incl. VAT).

• Duration: 4 weekends (Thursday by appointment, Friday, Saturday, Sunday).

• Commission: 15% incl. VAT (fixed rate) on the sales price.

• Vernissage: included.

• Optional promotion package: €150 excl. VAT (€181.50 incl. VAT).

5.3 Payment Terms

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• Invoices must be paid within 14 days of the invoice date.

• In the event of late payment, statutory interest applies as well as a fixed compensation of 10% of the outstanding amount (minimum €50).

• Non-payment may lead to exclusion from participation.

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Article 6 – Cancellation and Termination

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1. Cancellation by the artist is possible within 14 days of the invoice date. No refund is possible afterwards.

2. This cancellation right only applies to artists acting as consumers within the meaning of the Belgian Economic Law Code. Professional artists (B2B) do not benefit from a withdrawal right.

3. The organizer may terminate the agreement if the artist fails to comply with the rules, without refund.

4. In case of cancellation due to force majeure (see Article 2), participation will be rescheduled or refunded.

Article 7 – Delivery, Transport and Installation

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1. The artist is responsible for transport, delivery and collection of the works, including costs and risks.

2. Works must be delivered and collected on the dates set by the organizer.

3. Artists are required to be present at installation and dismantling, unless otherwise agreed.

4. The organizer may refuse works that do not comply with safety regulations or location restrictions.

Article 8 – Safety and Visitors

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1. The artist must ensure that the works pose no danger to visitors.

2. The organizer may require adjustments or remove works in case of safety risks.

3. The artist indemnifies the organizer against third-party claims arising from the works.

Article 9 – Liability, Insurance and Camera Surveillance

• In the ArtNomadique Gallery (Ronse), exhibited artworks are insured against fire, storm, water damage, glass breakage, flooding and earthquake under the KBC Commercial Property Policy (policy no. 72.977.316).

• Theft is not covered. The gallery is equipped with a 24/7 camera surveillance system to protect artworks and visitors. Recordings are used only in case of security incidents and are kept for a maximum of one month. Only Dieter Deconinck and Marc Janssens have access to these recordings, in compliance with Belgian data-protection laws (GDPR).

• Artists may choose to take out supplementary insurance for risks such as theft or damage (e.g. via Kunstwerkt at a preferential rate).

• For external exhibitions (outside the gallery), artworks remain entirely at the artist’s own risk.

• The organiser is only liable in cases of proven intent or gross negligence; indirect damages (such as loss of profit) are excluded from compensation.

• Belgian law applies, and any disputes shall be subject to the competent courts of the Oudenaarde (Ronse) district.

Article 10 – Sales and Commissions

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1. All sales are handled through the organizer.

2. No commission applies to external group exhibitions.

3. For gallery exhibitions, a 15% commission incl. VAT (fixed rate) applies.

4. Sales proceeds are paid to the artist within 30 days after the exhibition, minus commission.

5. All sales are final and binding. Artworks are sold without return or refund rights.

6. Buyers acknowledge that artworks are unique pieces and that sold = sold.

Article 11 – Intellectual Property

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1. The artist retains the intellectual property rights of their works.

2. The artist grants the organizer a non-exclusive, royalty-free license to use images of the works for promotional purposes (website, social media, press, newsletter).

Article 12 – Privacy (GDPR)

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1. The organizer processes personal data solely on the basis of contractual necessity (organization and administration of exhibitions) and legitimate interest (promotion and communication).

2. Personal data will be kept for as long as necessary for the execution of the agreement and up to 5 years thereafter.

3. Artists have the right to access, correct, erase, restrict processing, data portability and to object.

4. Complaints may be submitted to the Data Protection Authority (GBA), Drukpersstraat 35, 1000 Brussels.

Article 13 – Governing Law, Language and Jurisdiction

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1. This agreement is governed exclusively by Belgian law.

2. Disputes fall under the exclusive jurisdiction of the courts of the judicial district of Oudenaarde.

3. These terms and conditions are drafted in Dutch. Translations in other languages are for informational purposes only; in case of dispute, the Dutch version prevails.

Article 14 – Freelance Support and Gallery Openings

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1. The organizer engages Marc Janssens (Mrac Acrylic Art) as an independent freelancer for the operation of the gallery.

2. Marc opens the gallery two (2) days per month, on dates agreed in advance.

3. During these opening days, he is responsible for:

   • supervising the gallery and visitors;

   • providing basic information about exhibitions;

   • registering interest in purchases (sales administration remains with the organizer);

   • ensuring compliance with safety rules;

   • opening and closing the gallery.

4. Marc acts fully autonomously as a contractor. He is responsible for his fiscal and social obligations and must maintain liability insurance.

5. The organizer is not liable for errors or negligence by the freelancer, except in cases of intent or gross negligence.

6. Keys and access codes remain the property of the organizer. Misuse or loss may result in recovery of actual costs.

7. The organizer may terminate this freelance collaboration at any time without compensation, except for already performed services.

Article 15 – Severability

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If any provision of these terms and conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.