ENGARDE TERMS AND CONDITIONS FOR ARTISTS

A - GENERAL PROVISIONS.



  1. These terms and conditions, (“Agreement”) govern the relationship between an artist (the "Artist") and ENGARDE and the way in which any work of art ("Work") by an artist will be offered for sale for lease to buyers ("Buyers").
  2. The Artist agrees that by submitting the Works to ENGARDE’s platform he offers to sell or rent them directly to the final Buyers, appointing ENGARDE as the service provider to execute the sale or lease of the Work as well as for all other activities specified below, in accordance with the following conditions.
  3. The Artist authorizes ENGARDE to: (i)Conclude offline or online any Contract for the sale or lease of the Works on behalf of the Artist to whom he gives, by signing a contract, an express mandate; (ii)Acting as a service provider to promote the sale and/or lease of its Works to buyers both offline and online. ENGARDE does not assume any obligation of result; (iii) accept offline or online payments in accordance with the Agreement of Use. (iv) The artist will issue appropriate fiscal and transport documents upon delivery of the works to ENGARDE who will issue regular invoices to the final customer.
  4. The Customer's obligation to pay for the lease or sale of the Work shall be deemed to be fulfilled when the payment to ENGARDE by the Customer has been properly made, be it offline or online.
  5. The Artist may not obtain direct payment from the Customer. Any refunds to buyers can only be initiated online.
  6. ENGARDE, at its discretion, may refuse to process any transaction concerning any online Work.
  7. At any time and after express request, the Artist will deliver the Work to ENGARDE or its representatives or its clients. ENGARDE will in turn disseminate and publish the Work and then dispatch the Work to the final customer who has purchased or rented it if not direct delivery is agreed upon.
  8. By accepting these Conditions, the Artist represents and warrants that:
  • to be of legal age
  • that he/she/they are the author and sole and exclusive owner of the Work

That all submitted Works, selected, and exhibited on ENGARDE

  • provide accurate and truthful information to ENGARDE
  • promptly inform ENGARDE of any change in the information provided
  1. ENGARDE, in addition to its discretionary evaluation of the correspondence of the Work to its quality standards, may in any case decline to follow up any request for publication and promotion, or withdraw a Work already published, if it considers in its sole discretion that the Work:
  • has not actually been produced by the Artist;
  • publication and/or promotion could result in the violation of a legal or other obligation

  1. You may not submit and request to publish and promote Works that: (i) incite or promote any kind of discrimination and/or violence; (ii) are child pornographic; (iii) violate any third party's intellectual property rights, rights of publicity or privacy, or involve the violation of any law or regulation

  2. All Works exhibited for sale or rent on ENGARDE must be: (i) Original works in a single copy or (ii) in a limited edition with a maximum edition number of fifteen (15) unless explicitly consented otherwise; in this case all prints produced shall be assigned numbers in the order in which they were produced, clearly indicated on the Work itself or on the relevant certificate of authenticity. (iii) Signed by the Artist who produced them or accompanied by a certificate of authenticity signed by him.
  3. ENGARDE will evaluate the Work to verify, at its discretion, that it conforms to ENGARDE quality standards and is in line with ENGARDE's marketing and sales strategies and will inform Artist within 30 days if it has been approved for listing and subsequent publication and promotion. Upon approval, Artist grants ENGARDE a full, temporary, exclusive, global, royalty-free, sublicensable license right to display, use, reproduce, reformat, distribute, publicly display, publicly perform, and transmit the Work through online and offline sales channels. In return for granting this lynchpin right, the Artist acknowledges that the only remuneration he will receive will be the net sales revenue, payable only upon the sale and/or lease of a Work through the Platform and defined later in this Agreement. The Exclusive Right will have a duration of twelve (12) months from the date of communication of acceptance by ENGARDE on the Platform of each Work, unless agreed otherwise in writing between the Artist and ENGARDE.
  4. If no sale or lease of the Work is concluded within a period of 12 months from ENGARDE's notice of acceptance of the Work, the Exclusive Right shall cease on the last day of the contract period as described in the agreement signed between the Artist and ENGARDE.
  5. the Artist shall be free to withdraw from the present contract at any time during the period of exclusivity, by means of a certified email sent to hello@engarde.brussels paying to ENGARDE an amount equal to 25% of the quoted value of the artwork as displayed on the platform at the time of the unilateral withdrawal exercised before the agreed natural term and during the period of exclusivity plus the eventual cost incurred by ENGARDE for transport back and forth and consignation since inception of the contract.
  6. Once the right to withdraw from this agreement has been exercised, the Artist grants ENGARDE the irrevocable right to purchase the Work at a price equal to 75% of the price indicated on the Platform at the time of withdrawal: This "Right of Pre-emption" is exercisable by ENGARDE within 15 (fifteen) calendar days from the date of your notice of withdrawal.
  7. It is the responsibility of the Artist to ensure that all images of the Works submitted and uploaded to the platform for sale or lease faithfully represent the Work with the highest possible degree of accuracy. Where the images submitted are materially misleading and ENGARDE reserves the right to charge the Artist for the costs associated with the Customer's return requests resulting from the transactions for sales or leases
  8. It is the sole responsibility of the Artist to organize the preparation of the Artworks for pick up. The Artwork must be available on the ground floor and easily accessible for pick up by ENGARDE or the designated transporter. ENGARDE will arrange for transport  of the Artworks in case of a sale or rental. In the case of a sculpture or installation ENGARDE or its transporter will reach out to the Artist to arrange for specific pick-up arrangements. 
  9. It is the Artist's responsibility to comply with all local regulations and tax requirements, if any, and to include documentation within shipped packages when required by local regulations.
  10. When ENGARDE receives an order for one of the Works, the Artist will receive a confirmation notification to the designated notification email address.
  11. When ENGARDE initiates the Artist of the receipt of the order, the Artist shall:

(a) promptly: Prepare the Artworks for transport following ENGARDE’s guidelines if this has not been done before; (b) notify ENGARDE online if and for what reason the Work cannot be provided so that ENGARDE can inform the Customer that the order cannot be processed.

  1. By authorizing the publication of works on ENGARDE, the Artist hereby accepts the return policy of the Platform's Buyers proposed by ENGARDE in relation to the transactions carried out.

Return requests sent by Buyers are received, processed, and handled by

ENGARDE. Artist will receive immediate notice via the email notification address of any approved return request for Work that Artist has sold or rented through ENGARDE.

  1. Fee repartition and pay out.
  2. For all uploaded Works sold through the Platform, the Artist shall pay ENGARDE an amount equal to 25% (net of VAT only if applicable) of the final Price at which the Works were sold to the final Customer ("Commission"). This Commission will be retained directly by ENGARDE following the successful transaction of the Works and Artist expressly authorizes ENGARDE to this effect. In case of rent 75% of the rental price shall be retained by ENGARDE and 25% paid out to the Artist. 

  3. In the case of the organization of particularly expensive events by ENGARDE such as national or international fairs and exhibitions, if the artist decides to participate in the specific initiative, the commission paid to ENGARDE will be minimum 50% of the price charged to the public instead of 25% as in ordinary cases of online sales, in the case that the event is extremely expensive or more costs are to be foreseen or incurred ENGARDE will propose an alternative pricing to the Artist who can decide at its own discretion whether to participate or not. 
  4. The Artist will inform ENGARDE of his tax position (VAT obligation, flat-rate scheme, etc.) and will issue an invoice to ENGARDE upon delivery of the Work to ENGARDE. The above commission is calculated on Works already finished and ready for sale or rent. Unless otherwise agreed between the parties, if in exceptional circumstances, due to commercial necessity or at the motivated request of the Artist, ENGARDE is forced to advance and/or incur costs for materials, production, printing, framing etc., all costs incurred by ENGARDE will be deducted from the net percentage of the commission, if not already agreed upon with the Artist, who will in any case be notified in advance of such costs, which will be documented with the transmission of the invoices paid to the suppliers. These costs incurred by ENGARDE will be reimbursed by the artist at the end of the exclusivity with ENGARDE when the work is returned to the artist. If the exclusive contract is renewed, this reimbursement will be postponed until the end of the renewal if the work is not sold in the meantime. The artist shall also have the possibility to reimburse the production costs to ENGARDE by transferring the ownership of one or more works to ENGARDE up to the amount foreseen (the valuation of the work published on the site minus the commission that would have been due to ENGARDE). The list of transactions and invoicing will be visible by accessing the specific section of the Artist's account. The Artist will be notified of the transactions made on his/her work by email, along with the expected date of payment.
  5. In any case in which ENGARDE reasonably believes that a sale or transaction on Works conferred in exclusivity has been completed outside the Platform, ENGARDE reserves the right to charge all costs associated with such conduct in breach of this agreement including the Commission and/or any claims for restitution or compensation made by Buyers.
  6. The net proceeds of the sale for each given sale are defined based on the gross proceeds of the sale and based on the Price at which the relevant Works are sold pursuant to the Contract and any discount that ENGARDE offered to the Customer, the public prices indicated on the Platform are already inclusive of VAT, the share transferred to the Artist will therefore already be inclusive of VAT or other depending on his tax regime.
  7. The Artist shall communicate to ENGARDE a suitable bank account number in his/her name that is duly authorized to receive payments. The proceeds of the sale will be transferred to such account in accordance with our payment schedule, which provides for the transfer of the amounts due to the Artists within 30 days after the sale or lease has taken place.
  8. TERMINATION.
  9. ENGARDE may, at its sole discretion, terminate this agreement and halt the Artist's access to the Platform without prior notice. In the event of termination, all rights and obligations shall be void except for the rights and obligations necessary to process orders placed prior to such termination.
  10. In no event shall ENGARDE be liable for any damages resulting from use or loss of use or data, arising out of or in connection with the use of, or inability to use, the Platform. ENGARDE does not warrant that the Platform or the server that makes it available are free of viruses or bugs.
  11. To the extent that personal data is provided by users to ENGARDE, such data will be owned by ENGARDE and subject to ENGARDE's privacy policy and any other applicable laws or regulations in the relevant jurisdiction.
  12. RESPONSIBILITY.
  13. ENGARDE provides and guarantees an online gallery service and other services to Artists and shall not be liable for any damages of any kind including - without limitation - direct, indirect, incidental and consequential losses (including loss of profits and loss of data) arising out of this Agreement or the use of the Platform.
  14. In case of damage that renders the work out of use and is not restorable, loss, theft, destruction, ENGARDE guarantees an indemnity to the Artist on the

delivered works limited to a maximum of 50% of the minimum public price initially established minus the maximum discount on the public price (25%), ENGARDE is not liable in any way for damages and losses occurred during the first delivery or shipment by the Artist. In case of payment of the above-mentioned compensation by the insurance company, the ownership of the work is transferred to ENGARDE. In case of restorable damage, the indemnity can never exceed 25% of the value of the work; the artist has to document the total and the detail of the restoration costs. In case of insurance coverage of the work ENGARDE shall not advance any amount until the closure and settlement of the claim by the insurance company.

  1. By accepting the Agreement and conditions described herein, the Artist agrees to waive ENGARDE and its group or related companies, vendors, directors, shareholders and employees from and against all actions, proceedings, demands, charges, costs (including but not limited to legal fees), from all awards and damages arising from any breach, fault or defect by the Artist of any commitment, warranty, representation or obligation under these Conditions or arising from a transaction between the Artist and a Customer or from the use of the Platform.
  2. The present Conditions do not give rise to any kind of association between the Artist and ENGARDE nor to the establishment of any company, joint venture or contract or employment relationship between the parties.
  3. This Agreement is governed by the laws of the Kingdom of Belgium and the Artist agrees to submit to the exclusive jurisdiction of the Dutch speaking courts and tribunals of Brussels, Belgium for any dispute arising out of this agreement. It is the Artist's responsibility to comply with all laws applicable to online conduct and content permitted in the location from which it operates.



Brussels, last update July 30, 2021

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