GENERAL TERMS AND CONDITIONS OF USE OF ARTE ARTA WEBSITE AND SERVICES OFFERED THROUGH THE WEB SITE
Arte Arta provides a service for artists and buyers for selling and purchasing original works of art and art collections (“hereinafter referred to as the “Products”) through its website artearta.com
The Products are offered for sale by the sellers, identified on the Website, Arte Arta acting as a mandatory for the sellers to conclude the sale with the buyers and assisting them in any communications that may be necessary between them. Arte Arta is not responsible for the shipment of the Products as the Products will never be in Arte Arta’s possession.
It is important that you carefully read the terms and conditions contained herein. These terms and conditions govern the use and access to the www.artearta.com website (hereinafter referred to as the “Website”) and the use of the services offered on the website. The Website is operated by 9360-8453 Québec Inc., a legal corporation duly incorporated under the Business Corporations Act (Quebec), (hereinafter referred to as ” Arte Arta “) including all messages, data, information, images, graphics, text, software, photographs, illustrations and other content available on the Website. It is understood that the term “Website” includes the user profile pages that may be accessed by users of the Website. The use of this Website and the services offered on the Website is conditional upon the user’s acceptance of these terms and conditions of use (hereinafter referred to as the “Terms and Conditions”).
By accessing the Website, you agree to be bound by the Terms and Conditions whether or not you become a member of Arte Arta. If you wish to consult and visit the Website or become a member or retain the services offered through the Website (hereinafter referred to as the “Services”) you must read the Terms and Conditions carefully. These present terms govern the Terms and Conditions of the visit and use of the Services in addition to the Terms and Conditions that may be mutually agreed upon by users and members with respect to the Services that may be rendered.
When you agree to these terms, you agree to be personally bound and in agreement with Arte Arta regarding your visit to the Website, your access to and use of the Website, and all content, information, products and services available through the Website.
Therefore, on each of your visits to the Website, you confirm that you agree to be bound, without limitation, by the Terms and Conditions. You represent and warrant that you have the legal capacity to accept the Terms and Conditions on your behalf.
If you do not agree to all of the terms of these Terms and Conditions, or if you are not authorized to accept these conditions of use, you may not access, use or otherwise use the Website, purchase or sell Products and you must immediately terminate your consultation of the Website.
Arte Arta’s activities include operating and providing an online art gallery platform where artists can put their artwork for sale and where consumers and buyers have access and may purchase artwork created by the artists. All discussions and negotiations go through Arte Arta.
You are authorized to access the Website and use the Services if you are of age under the applicable laws in your place of residence and have the legal capacity to enter into contracts under the laws applicable to your state at your place of residence. It is your responsibility to determine and ensure that under the laws that govern you, you may use, view, access and use the Website legally. We reserve the right at any time to request proof of identity and proof of your legal age, including whether you are subscribing to or using Services from the Website.
CHANGE AND MODIFICATIONS
Arte Arta reserves the right, in its sole discretion, to add, remove or otherwise modify these Terms and Conditions and this, in whole or in part, at any time
Consulting the date listed in the “Date of last revision” section at the end of the conditions of use will allow you to verify if any changes have occurred since your last visit or use of our Website or the Services. If any of the terms and conditions or any changes to the Terms and Conditions are unacceptable to you or you are unable to consent to or comply with the terms and conditions, you must immediately stop using the Website and refrain from using the Services.
If you use the Website after changes have been made to the conditions of use, you are deemed to have accepted them.
LICENSE TO USE
You are authorized to access the Website and use the Services if you are of legal age under the laws applicable to your place of residence and have the legal capacity to enter into contracts under the laws applicable to your state at your place of residence.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license at our discretion, which allows you to copy, display, print and use the Website content on your device for strictly personal purposes and for information purposes only for your personal use. Except as provided above, no other use is permitted. Use of the Website content for commercial purposes is strictly prohibited. Except as provided above, no other use is permitted.
This license is granted to you as long as you comply with the Terms and Conditions contained herein.
You may not in any way modify the form or content of the Website.
You may not attempt to do anything in any way that may be in violation of legal protection, including all rights to the protection of personal information, copyrights or other intellectual property rights, or any action that is illegal, unethical, indecent, insulting, fraudulent, defamatory, deceptive, vulgar, obscene, racist, degrading or otherwise inadmissible or likely to cause harm to others or to any group.
The Website including all content such as icons, graphics, images and any information contained in the text, audio and video tapes, software, applications and any other material available on the Website, including but not limited to those that may be inserted in users’ profile pages, is the exclusive property of Arte Arta and is protected by Canadian and international copyright and trademark laws.
All rights not expressly granted by these Terms and Conditions are reserved exclusively for Arte Arta.
Without limiting the generality of the foregoing, you are strictly prohibited from violating or attempting to violate the security of the Website including without limitation: (i) accessing files that are not intended for viewing by users in general or access the server or secure account if you do not have the required access permissions; (ii) attempt to overcome or test the vulnerability of security systems, authentication measures implemented without proper prior authorization; (iii) attempt to interfere with or disrupt access to the Website communications via the Website, including, without limitation, the introduction of viruses on the Website, communication overload or flood, spam and other methods; (iv) communicate unsolicited emails, including promotions or advertisements for products and services; (v) forging or manipulating your identity or the identity of any user or member for the purpose of disguising or disguising the origin of any information transmitted to or through the Website or for any Services directly or indirectly through third parties or computer systems owned by third parties; (vi) use or attempt to use any device, software, agent or other mechanism, robot, site, manual or automatic application, or otherwise reproduce the navigation structure or presentation of the Website and its contents; (vii) modify, adapt, sublicense, translate, sell, reverse engineer, compile or otherwise attempt to deconstruct all or part of the Website or any software used on it or incite or use others to do so.
AVAILABILITY AND PRICES OF PRODUCTS, PRINTING FAULTS AND ERRORS
Arte Arta endeavours at all times to ensure that the information provided on the Website is accurate. Unfortunately, some mistakes, errors or inaccuracies may occur from time to time.
No warranty is offered as to the availability of the Products advertised on the Website.
All cash amounts appearing on the Website are in American dollars and do not include applicable taxes, if any applicable.
Arte Arta trademarks and related drawings and any other name and logo appearing on or appearing on the Website may be trademarks or trade names registered or unregistered that are owned by Arte Arta or its respective owner or licensee.
Any use of trademarks not authorized by Arte Arta or not in accordance with the conditions of use contained herein is prohibited. At no time may these Terms and Conditions be interpreted as constituting by the licensee or the owner any authorization to use in whole or in part the said trademarks displayed on the Website or the intellectual property rights held by Arte Arta, including copyright to the content of the Website and the Products.
By purchasing the Products, the buyer cannot reproduce, modify and / or adapt the Products, except for its strictly personal use. Use of the Products for commercial purposes is strictly prohibited and it will infringe the artist’s copyright on the Product.
Unless the information is in the public domain or if you have obtained prior written permission from Arte Arta, you may not copy, modify, publish, transfer, transmit, distribute, perform, display or otherwise sell any information Arte Arta is the owner, including all intellectual property, including trademarks and copyrights.
EXCLUSION AND LIMITATION OF LIABILITY
You assume all risks related directly or indirectly to the use of the Website, the use of the Services and/or the non-conforming use of the Products. Although the Website offers Products, designed by artists or offered by sellers, the Website and the Products are not affiliated with each other and in case of default of a Product, Arte Arta cannot be held responsible and frees itself from any liability incurred in connection with the Products.
Arte Arta does its best effort to provide accurate information and reliable sources of information. Nevertheless, Arte Arta cannot be held responsible for omissions, inaccuracies and deficiencies in the update, either by its own act or by third-party partners who provide this information. Thus, you assume sole responsibility for the use of the information and content of the Website and the Products. Arte Arta is not responsible for your interpretation of the information or any errors that may occur in the Website or the Products.
Arte Arta is not responsible for any inaccurate information or any error that may be found on the Website or in relation to the Services or Products, whether such errors or inaccuracies come from users of the Website, members of Arte Arta or due to artists and/or sellers.
Arte Arta is not responsible for any error, omission, interruption, delay, defect, delay in operations or transmission, online communication errors or failures, theft or destruction or any unauthorized access by a user or member of the Website.
Arte Arta is not responsible for any problem or malfunction of the Website, any changes or updates to the content of the Website, any telephone network or communication line, online computer communication system, server or supplier, computer equipment, software, malfunctioning of e-mail or technical problems, or traffic congestion on the Internet, including any injury or damage to users or any computer of any person related to or resulting from using the Website or downloading any material from the Website or related to the Services.
Arte Arta is not the author of the content of the sources of information and references whose outgoing hypertext links are mentioned on the Website. Therefore, insert business name disclaims all liability arising from the use of these sources of information and references, which are for informational purposes only. By clicking on a hyperlink mentioned on the Website, you will be redirected to another website and agree to assume the risks associated with the use of this other website. Other terms and conditions specific to these websites may apply and we recommend that you read them carefully.
CONFIDENTIALITY OF INFORMATION
TERMS OF SALES
These general terms of sale apply to all sales made on the Website, subject to the special conditions indicated in the presentation of the Products.
Arte Arta is not responsible for the non-performance of the contract concluded due to unforeseeable circumstances, force majeure, disruption or total or partial strike, in particular postal services and means of transport and/or communications, flood, fire, acts of terrorism and acts of war. In these situations, Arte Arta is not responsible for any direct or indirect damage resulting from the present, loss of use, loss of profit, damages or expenses, which may occur.
Arte Arta may modify, suspend or discontinue the Services of the Website or any part of it at any time for any reason without obligation to notify its users or members and without incurring any liability to you or any other person.
To make a purchase and access the protected content of the site, you agree that “cookies” are activated.
By purchasing a Product or Products, you declare that you have read and accepted the general terms of sale and the Terms and Conditions prior to the sale. The validation of your order therefore applies to acceptance of the general terms of sale and the Terms and Conditions.
Products appearing on the Website are presumed to be available. If you order a Product that is not available after your order has been confirmed, you will be informed immediately. Your purchase will be cancelled and if the sale price has already been debited, you will be refunded as soon as possible.
The accepted payment methods are Paypal, Visa, MasterCard, Discover and American Express. When you pay online, we will require the following information: your credit card number, expiration date and security numbers on the back of your credit card. Online payment is secure.
PURCHASE OF PRODUCTS SUBJECT TO TAXES
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in American dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).
Customs duties or local taxes may be due and may be invoiced upon receipt of the parcel by the User, in addition to the price paid on the Website. These fees and taxes, for which Arte Arta cannot predetermine the exact amount and for which it cannot inform the User prior to its order, remain the responsibility of the User, who is solely responsible for the good performance of any declarations and/or formalities relating thereto.
The buyer may cancel his purchase within seven (7) days from the date of reception by sending an e-mail to [email protected] The buyer will be fully refunded on the credit card used at the time of purchase following receipt of the purchased Product. The costs of return of the Product are at the Buyer’s expense.
Arte Arta reserves the right, at its sole discretion, to modify, discontinue, restrict, suspend or terminate the Website and the Services in whole or in part without notice and without liability to you or to any other person. Arte Arta may also, at its sole discretion, terminate these Terms and Conditions or any authorization to access and use the Website and/or Services at any time, temporarily or permanently, without notice and without liability to you or any other person.
Applicable Laws and Place of Residence
These Terms and Conditions, your access to and use of the Website and any related matters are governed by the laws of Canada and the Province of Quebec.
You agree to irrevocably elect the courts of Quebec, judicial district of Montreal, as exclusive jurisdiction to hear any dispute arising under these Terms and Conditions.
Absence of ratification
Failure by Arte Arta to exercise a right or to enforce a right or obligation or any other provision under these Terms and Conditions shall not constitute a waiver of such rights or obligations or provisions and may under no circumstances be interpreted as constituting such renunciation or ratification.
For any comments or information, you can e-mail us at [email protected]
Date of last revision
These Terms and Conditions have been revised on May 31st, 2018 and are effective as of this date.