I. General Terms and Conditions

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ABOUT THESE TERMS AND CONDITIONS 

A. Structure and scope 

B. Entering into force and changes to the Terms and Conditions 

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II. GENERAL INFORMATION ABOUT LENART 

A.Who is LenArt 

B. Discretion duty and sharing of Client information 

C. Force of Proof 

D. Liability of LenArt and force majeure 

E. LenArt business days 

 

III. YOUR JOURNEY WITH LENART 

A. Technical requirements for becoming a Client 

B. Onboarding process 

C. Revocation rights 

D. Client capacity and restrictions 

E. Your interactions with LenArt 

F. Termination of the contractual relationship 

1. Termination of the relationship by the Client 

2. Termination of the relationship by LenArt 

3. Deceased Clients

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IV. SERVICES 

A. Description of  LenArt’s services 

B. Fees and commissions 

 

V. LIABILITY 

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VI. CUSTOMER SERVICE 

A. Issue reporting, complaints handling & extrajudicial recourse 

 

VII. APPLICABLE LAW AND JURISDICTION 

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1. ABOUT THESE TERMS AND CONDITIONS 

 

​A. Structure and scope 

 

These terms and conditions (hereinafter the “Terms and Conditions”) govern the contractual relationship between The ArtGency SRL c/o LenArt (hereinafter “LenArt”, “we”, “us” or “our”) and you as the client (the “Client”, “you” or “your”).

 

The Terms and Conditions apply only in relationships with Clients that qualify as consumers, meaning that the Client is a physical person acting for personal purposes only, excluding any commercial and/or other professional purposes. Separate terms and conditions apply to Professional Clients and can be found here: .… 

 

B. Entering into force and changes to the Terms and Conditions 

 

The contractual relationship between you and LenArt enters into force as of the day LenArt confirms that you are accepted as its Client. 

LenArt has the right to unilaterally change the provisions of these Terms and Conditions.

 

The Client is informed of every change of the Terms and Conditions through a notification on the Website and a copy of the new terms and conditions is provided to the Client on a durable medium upon request. 

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In case the Client does not agree with the proposed changes, he/she has the right to terminate the relationship with LenArt free of charge prior to the entry into force of the new terms and conditions. In case the Client does not make use of this right, he/she is deemed to have accepted the new terms and conditions. 

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Without prejudice to provisions stating the contrary in these Terms and Conditions, every change to these Terms and Conditions enters into force within two (2) months of the date of the notification to the Client.

 

II. GENERAL INFORMATION ABOUT LENART

 

A. Who is LenArt

 

The ArtGency SRL c/o LenArt is a credit intermediary company incorporated as a limited liability company (“société à responsabilité limitée”) under the laws of Belgium, having its registered office at Boulevard Saint-Michel 4, 1150 Brussels, Belgium, and registered with the Crossroad bank of Enterprises under number 749.926.695. LenArt is licensed by the FSMA (the Financial Services and Markets Authority) as a consumers credit intermediary, as accessory agent, under the Belgian economics law (article VII.188, § 3). 

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B. Discretion duty and sharing of Client information 

 

As a consumers credit intermediary, accessory agent, governed by Belgian law, LenArt is subject to a discretion duty. LenArt is nevertheless authorized to share information regarding a Client’s transactions to third parties upon the explicit approval of the Client.

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LenArt is also entitled to share such information whenever this is the consequence of a Belgian or foreign applicable legal or regulatory provision or upon request of a competent judicial or administrative authority.

 

This will notably be the case in relation to regulation on anti-money laundering and terrorist financing, fraud and abuse of information, insider trading and the regulation on important interests and public takeover bids. 

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The Client allows LenArt to share his/her identity and all other useful information to the said authorities whenever such authorities request this information. 

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For all other information in relation to the processing of Client data in general, please see our Privacy Policy: …

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C. Force of Proof 

 

Without prejudice to provisions stating the contrary in these Terms and Conditions or specific agreements entered into between the Client and LenArt, the Client accepts that LenArt can make use of all methods of proof authorized by the law. 

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The Client explicitly recognizes that all orders given by him/her through whatever medium and all electronic information, registrations of telephone conversations, notifications and electronic messages from LenArt have the same force of proof as a physical written document. 

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Regardless of the nature or the amount of the act to be proven, LenArt is always allowed to provide proof by presenting a copy or a reproduction of an original document.

 

Without prejudice to counter evidence presented by the Client, a copy or a reproduction of the document will be considered as a faithful copy of the original with the same force of proof as the original. 

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D. Liability of LenArt and force majeure 

 

Without prejudice to other specific provisions of these Terms and Conditions, LenArt shall be liable only for its fraud and for gross negligence committed in the framework of its professional activities by LenArt or its employees. 

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In any event, LenArt shall never be liable, under any circumstances, for loss or damage resulting directly or indirectly from force majeure or measures taken by Belgian or foreign authorities. Consequently, LenArt shall not be liable for any adverse consequences of, inter alia: 

• fire, flood, acts of war or terrorism; 

• its computer systems being out of service – even temporarily – for any reason
  whatsoever, and the destruction or deletion of data stored in those systems; 

• mistakes by or interruptions of the activities of Belgian or foreign postal services, companies that provide telephone, electronic or IT services or companies that provide
  private transport.

Additionally, LenArt shall never be held liable in case the Client does not comply with his/her obligations in regards to the Client’s signed contrat with LenArt’s financial partner, Aion SA/NV.

 

The Client undertakes to compensate LenArt for any damage resulting from the non-compliance by the Client of these obligations.

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E. LenArt business days 

 

LenArt executes payment transactions on bank business days. Bank business days are all days except for every Saturday, every Sunday, public holiday and days where the company seat of LenArt in Belgium is not open. 

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III. YOUR JOURNEY WITH LENART

A. Technical requirements for becoming a Client 

 

In order to become a Client of LenArt, you need a computer (the “Device”) with a high debit internet connection.

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B. Onboarding process 

 

You can become a Client of LenArt, under the condition that you are at least 18 years old, have a computer which meets the technical requirements set out above, and that you are a Belgian resident. 

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C. Revocation rights 

 

The Client can revoke his/her acquisition or rental within fourteen (14) calendar days of (i) the date on which LenArt has sent its invoice. The revocation notice must be sent by the Client to LenArt within the above mentioned period of time via email: info@lenart.be . 

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D. Client capacity and restrictions 

 

Only natural persons of over 18 years old, being Belgian residents with full legal capacity and acting on their own behalf or any Belgian registered company, self-employed and/or liberal professions can be onboarded as Client of LenArt. 

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The Client undertakes to inform LenArt as soon as he/she is no longer a Belgian resident or Belgian registered company, self-employed and/or liberal profession.

 

LenArt will then assess, depending on the new country of residence, whether the relationship with the Client can be maintained. 

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E. Your interactions with LenArt

 

The main channel of interaction with LenArt is the Website. 

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LenArt can also send notifications to the Client via email. As the case may be, the Client can modify his/her preferences regarding this channel. 

If needed, LenArt also can send text messages (SMS) or call the Client. 

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The Client can choose the language of the contractual relationship and communication during the onboarding process. At this stage, the available languages are English and French. 

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In case of issue/complaint, please refer to Section V “Customer Happiness Centre and Complaints Handling” below. 

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F. Termination of the contractual relationship 

 

1. Termination of the relationship by the Client 

a) Closing of current or savings account 

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When applicable, The Client can terminate the contract with LenArt concluded for n definite term at any time via email.

 

The termination of such contractual relationship is subject to a thirty (30) calendar days’ prior notice period.

 

The whole contractual relationship can be terminated once both parties have respected their obligations set in the concerned contract.

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2. Termination of the relationship by LenArt

 

Any termination notice by LenArt will be communicated through by e-mail. 

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a) Termination of the relationship due to LenArt’s decision 

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When applicable, LenArt is authorized to terminate the contract with the Client concluded for a definite term, by giving at least sixty (60) calendar days’ prior notice of its decision, if the Client:

• breaches the terms applicable to the contractual relationship; or 

• changes his or her residency status in a way that is unacceptable by LenArt.

 

3. Deceased Clients 

In case of a rental contract, LenArt shall be notified as soon as possible of the death of a Client. If such notification is given orally, it must be confirmed in writing. From the date of receipt of such written notification LenArt shall organize the return of the rented art piece within fourteen (14) calendar days.

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VI. SERVICES 

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A. Description of  LenArt’s services

 

In order to access LenArt’s services, the Client must fill in the simulation forms available on LenArt’s website.

 

Based on the information the Client has provided to LenArt, LenArt may refuse the requested acquisition or rental. In that case, the Client will be notified by email and given the reasons for the refusal which may be among the following reasons, but not limited to: 

• the piece’s value is below 1.000,00€;

• the piece is not considered by LenArt as being an art and/or a design piece.

 

The list of services is subject to changes from time to time and the latest information in this respect can be found on the Website.

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B. Fees and commissions 

 

LenArt does not charge any fee or commission to the Client using the service as a private. LenArt does charge a 10% fee of commission for the Client using the service as a professional. 

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In fact, LenArt covers the financial partners’ credit interests of the Client’s loan contract with the financial partner. 

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That being said, LenArt shall not cover any other and/or additional fees or interests due to late payments, default payments, etc. or any other prejudices of any kind involving the Client and the financial partner.

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​VI. LIABILITY

 

The Client agrees that LenArt acts according to the requests and requirements made by the Client. 

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LenArt shall not be held responsible for any errors due to inaccurate nature or misleading information given by the Client. LenArt shall not be held responsible for the recommendation and choice of Suppliers and LenArt has the right to refuse or cancel any order in the event of an existing dispute with the Client. 

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LenArt will not be held responsible in the event of a non-compliance by the Client with the credit agreement concluded and signed between the Client and LenArt’s financial institution Mozzeno. 

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LenArt will not be held responsible for any delays or failures to carry out its obligations in the event of unforeseen circumstances « force majeure » (strikes, power cuts, fire, floods etc...). Suppliers take full responsibility for the services, benefits and products they provide. 

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If the Client does not abide by the present Terms and Conditions, his/her liability may be engaged. 

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VI. CUSTOMER SERVICE

 

All Clients shall have a 24/7 access to LenArt’s FAQ on the Website.

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If the need arises, contacts via text messages, phone or email may be organised upon specific request by email at info@lenart.be . 

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A. Issue reporting, complaints handling & extrajudicial recourse 

 

A Client who wants to report an issue should refer to the relevant instructions available on the FAQ. The Customer Service will always attempt to find an adequate solution in a reasonable timeframe. 

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If the Client is of the opinion that the Customer Service did not find an appropriate solution to his/her problem, he/she will be able to start an official complaint procedure. 

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Complaints will be handled within the timeframe provided by applicable regulation. Answers and complaints resolution shall be sent in PDF format to an e-mail address of the Client, provided during the on-boarding process. 

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Clients who qualify as consumers (natural persons acting outside the scope of their professional activities) and who are not satisfied with the Bank’s position may contact the Ombudsman in financial matters (“Ombudsfin”): 

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Ombudsfin
North Gate II, Roi Albert II Boulevard, 8 (box 2) 1000 Brussels
Belgium
Email : ombudsman@ombudsfin.be
Fax : +32 2 545 77 79
Web : https://www.ombudsfin.be/ 

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VII. APPLICABLE LAW AND JURISDICTION 

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All the rights and obligations of the Clients and LenArt are governed by and should be construed in accordance with Belgian law. 

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Without prejudice to overriding and mandatory legal provisions providing for the competence of other jurisdictions (for example for consumers), LenArt and the Client, either demanding or defending, may seize the courts of Brussels for any dispute arising from or relating directly or indirectly to their business relationship. 

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