Terms and Conditions

1. Identity and scope

Unfolding Being is an art project and project name of Stefan Venbroek and is not a separate legal entity. The seller and contracting party is Stefan Venbroek, operating as a sole proprietor. These Terms apply to every offer, order and contract of sale concerning artworks and products offered through Unfolding Being. “Consumer” means a natural person acting for purposes outside his or her trade, business or profession; any other buyer is a “Business Customer”. Mandatory consumer rights remain unaffected.

For separate design, artistic, consultancy or other commissioned services, the BNO General Terms and any applicable supplementary BNO terms may apply only where expressly incorporated and made available before or at the time the relevant agreement is concluded. In the event of conflict, these Terms of Sale prevail in relation to the sale of products unless otherwise agreed in writing. The applicable Terms will be made available electronically before or at conclusion in a form that permits storage and later reference.

2. Editions and product information

Unless expressly stated otherwise, an Unfolding Being Edition is a unique 1/1 Fine Art Giclée print on Hahnemühle Fine Art paper, measuring 50 × 70 cm, produced using a 12-colour printing process, supplied unframed and accompanied by a signed Certificate of Authenticity. Product images and mock-ups aim to provide a faithful impression. Colours and nuances may vary slightly due to screens, lighting, photography, paper and printing processes. Frames, mounts, furniture and accessories are excluded unless expressly stated. Normal material or production characteristics do not prejudice a Consumer's statutory conformity rights.

3. 1/1 status and authenticity

“1/1” means that one physical copy of the relevant Edition is placed into circulation for sale, subject to a replacement under clause 11. The 1/1 status does not restrict Stefan Venbroek's copyright. He may, among other things, display, photograph, publish, archive, document and exhibit the underlying image or work. The Certificate of Authenticity may state the title, unique number, 1/1 designation, artist, year/capture date, dimensions, materials, technique and signature and belongs with the Edition.

4. Offer, contract and reservations

The offer states the essential characteristics and price. Obvious typographical, input, programming or pricing errors are not binding where the Customer could reasonably have understood that an error had occurred. An online order is acknowledged electronically. If a unique Edition is unavailable due to a technical or administrative error, the Customer will be informed as soon as reasonably possible and amounts received for the unavailable product will be refunded without undue delay.

Unpaid reservations are not ordinarily offered through the webshop. Any reservation made by email or telephone is governed solely by the separately agreed duration and conditions.

5. Prices, VAT and payment

Consumer prices are stated in euros and include applicable VAT unless clearly stated otherwise. The reduced VAT rate for works of art will be applied if and to the extent that the relevant supply qualifies under the tax rules in force; otherwise the legally applicable rate will apply. Shipping and other mandatory known charges are displayed before checkout is completed. Prices for Business Customers may be stated exclusive of VAT where clearly indicated.

Payment is made using the methods shown at checkout. These may include iDEAL | Wero, Visa, Mastercard, PayPal, Klarna, Riverty and bank-based methods. Payments may be processed by Mollie and/or the selected payment provider. Deferred-payment or credit services may be subject to the provider's own terms and acceptance criteria. Unless deferred payment has been agreed, Seller is not required to dispatch the order before payment has been received.

6. Shipping and international delivery

Orders are dispatched from the Netherlands. Seller may use PostNL, DHL, FedEx or another suitable carrier. Unless checkout states otherwise, flat-rate shipping is: Netherlands €25; European Union €35; United States €65; rest of world €50. Delivery times are estimates unless a fixed or guaranteed date is expressly agreed. Statutory delivery requirements applicable to Consumers remain controlling. For consumer deliveries, risk of loss or damage generally passes only upon physical receipt by the Consumer or a designated third party other than the carrier, subject to statutory exceptions.

Deliveries outside the European Union may attract import duties, local taxes, customs charges, clearance fees or similar levies. Unless expressly stated otherwise, these are not included and are payable by the Customer. The Customer is responsible for local import requirements.

7. Consumer right of withdrawal

A Consumer purchasing at a distance generally has 14 days from receipt to withdraw from the contract without giving reasons, subject to statutory exceptions and any legally applicable alternative starting point. Withdrawal may be exercised through the online withdrawal function, the model withdrawal form or any other unequivocal statement. The online withdrawal function will remain clearly accessible during the applicable period and an online withdrawal will be confirmed on a durable medium without undue delay.

Following withdrawal, the product must be returned without undue delay and no later than 14 days after notice of withdrawal. Direct return costs for an ordinary withdrawal are borne by the Consumer where the Consumer was properly informed in advance. The Consumer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product. The artwork must be packed with due care and the Certificate of Authenticity and supplied components must be returned.

Following a valid full withdrawal, Seller will reimburse all sums required by law, including the cost of the least expensive standard delivery offered, within the statutory period. To the extent permitted by law, reimbursement may be withheld until the product is received or evidence of return is supplied. The fact that an Edition is produced or printed after ordering does not, by itself, automatically exclude the statutory right of withdrawal.

8. Returns and cancellation

A return may be notified at stefanvenbroek@gmail.com or, for a Consumer within the statutory withdrawal period, through the online withdrawal function. Returns must be adequately protected and preferably sent with tracking appropriate to the value of the artwork; this practical request does not restrict statutory withdrawal rights. Return address: Kazernestraat 16, 7411 CJ Deventer, The Netherlands, unless another address is provided in writing.

Where a Consumer validly withdraws before dispatch, the matter will be handled under applicable consumer law. Outside a statutory withdrawal right, Seller may voluntarily agree to cancellation before dispatch.

9. Conformity and statutory guarantee

A Consumer is entitled to goods that conform to the contract. In the event of non-conformity, statutory remedies apply, including where applicable repair or replacement free of charge and, where the legal requirements are met, price reduction or termination. Costs that by law must be borne by Seller, including necessary return costs, will not be charged to the Consumer. Customers are requested to report transit damage, incorrect delivery or defects as soon as reasonably possible; for Consumers this is not a contractual forfeiture period.

10. Care and use

After risk has passed, the Customer is responsible for appropriate handling, storage and display. Damage caused by improper storage or handling, moisture, extreme temperatures, prolonged direct sunlight, mechanical damage or other causes attributable to the Customer does not in itself constitute non-conformity. This does not affect rights relating to defects present at delivery or otherwise attributable to Seller.

11. Replacement of a 1/1 Edition

Where a damaged or non-conforming 1/1 Edition is lawfully replaced with an identical copy, Stefan Venbroek may produce an identical replacement print. The original will be returned, permanently removed from circulation and destroyed. The replacement takes the place of the original and is not placed into circulation as a second Edition. This arrangement does not restrict any mandatory remedy available to a Consumer.

12. Copyright and intellectual property

The sale transfers ownership only of the physical copy sold. Copyright and all other intellectual-property rights in the artwork, underlying image, concept, design and related materials remain with Stefan Venbroek unless expressly agreed otherwise in writing. Purchase does not grant a right to commercially reproduce, distribute, publish, license, merchandise or otherwise exploit the work, except for rights arising directly under applicable law.

No reproduction may be issued as an NFT, token or comparable digital asset without prior written permission. To the extent legally permissible, no permission is granted to use images or reproductions for training, fine-tuning or developing generative-AI systems, machine-learning models or commercial datasets, or for substantial reproduction or commercial exploitation through generative AI. Statutory copyright exceptions remain unaffected.

13. Resale

The owner may resell the physical copy to the extent permitted by law. Resale does not transfer copyright. The Certificate of Authenticity should preferably accompany the work. Any applicable statutory artist's resale right remains unaffected.

14. Business Customers

Clauses expressly governing statutory consumer rights do not apply to Business Customers. Separate written arrangements may govern delivery, insurance, display, consignment, resale or commercial use. Purchase does not include a licence for campaigns, merchandising, reproduction or other commercial exploitation. A Business Customer shall inspect the product within a reasonable period after receipt and report reasonably discoverable defects without undue delay.

15. Liability and force majeure

Liability towards Consumers is limited only to the extent permitted by mandatory law. For Business Customers, except in cases of intent or deliberate recklessness by Seller personally and subject to mandatory law, Seller is not liable for indirect or consequential loss, loss of profit, lost savings, loss of data or business interruption. To the extent legally permitted, Seller's aggregate liability to a Business Customer arising from one contract is limited to the amount paid for the relevant order or, if higher, the amount actually paid out under applicable liability insurance.

Seller is not liable for failure to perform to the extent performance is prevented by a circumstance not attributable to Seller under applicable law. Mandatory consumer rules concerning delay, non-delivery and termination remain applicable.

16. Privacy and personal data

Stefan Venbroek is the controller of personal data processed in connection with Unfolding Being. Data may include name, billing and delivery address, email address, telephone number, order details, payment status/reference, invoice information, correspondence and return/refund information.

Data is processed to perform the contract, arrange payment and delivery, provide customer service and handle returns; to comply with legal, accounting and tax obligations; and, where appropriate, on the basis of legitimate interests for security, fraud prevention and the establishment, exercise or defence of legal claims. Consent will be requested in advance where consent is legally required for marketing.

Where necessary, data may be shared with payment providers such as Mollie and the selected payment method, carriers, hosting/IT providers, accountants or professional advisers, and public authorities where legally required. Personal data is not sold. Where data is processed outside the EEA, appropriate GDPR safeguards will be used where required.

Data forming part of the statutory tax records is generally retained for the legally required period, ordinarily seven years and longer where a specific legal regime requires it. Other data is kept no longer than necessary for its purpose, a legal obligation or a legitimate legal need. Subject to the GDPR, individuals may have rights of access, rectification, erasure, restriction, portability, objection and withdrawal of consent. Requests may be sent to stefanvenbroek@gmail.com. Complaints may be lodged with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or another competent supervisory authority.

Under the current website configuration, no non-essential cookies or comparable tracking technologies are used. If this changes, the required information and, where applicable, consent mechanism will be implemented before such technology is used.

17. Complaints

Complaints may be sent to stefanvenbroek@gmail.com with sufficient information to identify the order and complaint. Seller will address complaints within a reasonable period. Statutory complaint, guarantee and dispute rights remain unaffected.

18. Governing law and disputes

Contracts with Seller are governed by Dutch law. For Consumers, this choice of law shall not deprive the Consumer of the protection afforded by mandatory provisions of the law that would provide protection under the applicable rules of private international law in the absence of this choice.

Disputes shall be submitted to the court having jurisdiction under the applicable statutory jurisdiction rules. For Business Customers, to the extent legally valid, the competent court for the district in which Seller is established shall have jurisdiction.

19. Final provisions

If any provision is wholly or partly invalid or unenforceable, the remaining provisions remain effective. To the extent legally possible, the invalid provision shall be replaced by a valid provision that most closely reflects its purpose without infringing mandatory law. Amendments apply to future contracts; a contract already concluded remains governed by the version applicable when it was concluded unless a valid amendment is agreed.