General Terms and Conditions – noon projects
1. Scope of Application
These General Terms and Conditions ("Terms") apply to all services provided by noon projects BV, including (i) the operation of our art gallery representing contemporary living artists, and (ii) the trading and sale of limited editions and art pieces from both the primary and secondary market. Sales may take place in our physical gallery, online, or at art fairs and events.
2. Definitions
- Gallery Services: Exhibition, promotion, and sale of artworks from contemporary living artists in our gallery, online, or at fairs and events.
- Trading Services: Purchase, sale, and brokerage of limited editions, artist’s books, fine art prints, collectibles, and artworks on the primary and secondary market.
- Client: Any person or entity purchasing or engaging with our services.
3. Orders and Contracts
- All offers are non-binding and subject to availability.
- A contract is concluded once we confirm the order in writing or deliver the artwork to the client.
- Prices are stated in euros and include/exclude VAT where applicable; shipping costs are specified separately.
4. Payment Terms
- Payments are due immediately upon invoicing, unless otherwise agreed.
- Accepted payment methods: credit card, bank transfer, PayPal, and cash (up to the legal maximum of €3,000 per transaction).
- Ownership of the artwork remains with noon projects until full payment has been received.
5. Delivery and Shipping
- Shipping costs are calculated based on weight, delivery address, courier service, and requested timeframe.
- We work with FedEx, DHL, UPS, GLS, and local postal services. We provide tailor-made shipping offers at the best available rates.
- Clients are responsible for local import duties, VAT, and possible excise duties outside Belgium/EU.
- Delivery dates are indicative and not binding unless expressly confirmed.
- Partial deliveries may occur if certain items are unavailable; clients will be informed in advance.
- If an artwork becomes unavailable after ordering, the client will be notified promptly, and any payment will be refunded.
- Shipping is at the client’s risk; insurance can be arranged upon request.
6. Product Information and Condition
- Limited editions and artworks may include unique variations. Minor deviations from photographs or descriptions do not constitute defects.
- To limit misunderstandings, we provide clients with a detailed photo report or offer a video call prior to payment and shipment, ensuring the client is fully informed of the nature and condition of the product.
- Complaints about defects must be made in writing within 7 days of receipt.
7. Returns and Right of Withdrawal
- In accordance with Belgian and European consumer law, online purchases may be returned within 14 days of receipt, unless exceptions apply (such as custom or personalized artworks).
- Return shipping costs are fully covered by the customer.
- Reimbursement will be processed once the product has been returned in the same condition as when it was originally shipped.
- Clients wishing to exercise their right of withdrawal must notify us in writing. A model withdrawal form, as provided by EU law, is available upon request.
8. Warranty / Guarantee
- Consumers have statutory warranty rights under Belgian and EU law.
- noon projects guarantees that the artworks are authentic and match the descriptions provided. Any statutory warranty periods apply in addition to the 7-day notification period for visible defects.
9. Liability
- noon projects is only liable for damages caused by intent or gross negligence.
- Liability for indirect damages, lost profits, or consequential damages is excluded.
- Nothing in these Terms shall limit consumer rights under mandatory law.
10. Intellectual Property
- Copyright and reproduction rights of artworks remain with the artist unless otherwise agreed.
- Clients may not reproduce or distribute purchased artworks without the artist’s prior consent.
11. Data Protection
- We process personal data in accordance with our Privacy Policy and applicable Belgian and European data protection laws (GDPR).
12. Force Majeure
- noon projects shall not be liable for delays or failure to perform resulting from events beyond our reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, interruptions in supply chains, transport delays, or technical malfunctions.
- In such cases, the delivery period will be extended by the duration of the disruption. If performance becomes impossible, both parties have the right to withdraw from the contract.
13. Online Dispute Resolution (ODR)
- The European Commission provides a platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr.
- noon projects is not obliged and not willing to participate in alternative dispute resolution before a consumer arbitration board, but is legally required to provide this information.
14. Severability
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Governing Law and Jurisdiction
- These Terms are governed by Belgian law.
- The competent courts of Antwerp, Belgium, shall have exclusive jurisdiction over disputes arising from these Terms.
noon projects BV
Oudstrijdersstraat 21
2140 Antwerp – Belgium
VAT: BE1026166958
contact@noon.art
+32 474 68 98 61
Bank details
Name: noon projects BV
IBAN: BE49 9735 2996 3271
BIC: ARSP BE 22