- PURPOSE AND ENFORCEABILITY
- SALE PRICE AND TERMS OF PAYMENT
- DELIVERY OF THE ARTWORKS
- RIGHT OF WITHDRAWAL
- STATUTORY GUARANTEES
- FORCE MAJEURE
- INTELLECTUAL PROPERTY
- DATA PROTECTION
- APPLICABLE LAW
1 – PURPOSE AND ENFORCEABILITY
The purpose of the UP & COMING ART website is to present Artworks from artists (hereinafter the “ARTISTS”) to the users of the site (“COLLECTORS”), and to give them the opportunity to discover and buy them online directly from the ARTISTS. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship. The sales made through the Site are contracted directly between the COLLECTOR and the ARTISTS. UP & COMING ART is not, in any respect, a reseller of the Artworks proposed by the ARTISTS through the Site. UP & COMING ART acts as a middleman in the context of the provision of the Site that allows ARTISTS and COLLECTORS to connect. As a result, UP & COMING ART is not a party to the contract which is concluded only between the COLLECTOR and the ARTISTS, who is the only seller of the Artworks and therefore the only one bound to obligations arising therefrom.
2 – ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.
3 – ORDER
The Artworks are offered for sale on the ARTIST gallery and via the COLLECTION, subject to their availability. Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight, type and other specifications. To order an Artwork, the COLLECTOR must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account). Before validating the order, the COLLECTOR must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted. If the Artwork is no longer available, an email informing the COLLECTOR will be sent within 48 hours, cancelling the order.
4 – SALES PRICES AND TERMS OF PAYMENT
The Artworks sale price is listed on the Site in the currency set by the COLLECTOR and includes all taxes and costs for shipping and handling, unless specifically stated otherwise. The payment of the artwork price by the COLLECTOR to the ARTISTS is made via the payment services available from UP & COMING ART. Transfer of ownership happens as soon as the full price has been paid by the COLLECTOR. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on UP & COMING ART’s website.
5 – DELIVERY OF THE ARTWORKS
The delivery of the Artworks is made at the address provided on the order summary form. Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the artwork, as well as the conformity of the later are the sole responsibility of the COLLECTOR, UP & COMING ART shall in no case be held liable for failure to comply by the COLLECTOR, who is entitled to lodge a complaint against the delivery service provider. The COLLECTOR must, as soon as he receives the order, check the condition of the artwork, and mention any reservation immediately and in writing, at the latest within 48 hours, to UP & COMING ART, who will transfer it to the ARTIST.
6 – RIGHT OF WITHDRAWAL
The COLLECTOR has a period of 14 days from the delivery of the Artwork to use his/her right of return, without any costs or reason. The COLLECTOR may use his/here right of return with UP & COMING ART through sending an email to the following address email@example.com. UP & COMING ART will then be responsible for handling the cancellation from the COLLECTOR and shall process the refund within 14 days following the date on which UP & COMING ART was informed about the COLLECTOR exercising his/her right of withdrawal. The refund applies to the price of the artwork paid by the COLLECTOR minus the costs of the return shipment. The returned artworks that are damaged or dirtied by the COLLECTOR shall not be accepted, nor refunded, UP & COMING ART reserves the right to decide at its sole discretion.
7 – STATUTORY GUARANTEES
The ARTIST commits to respect and implement the statutory guarantees of the COLLECTOR, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.
8 – FORCE MAJEURE
In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.
9 – INTELLECTUAL PROPERTY
The ARTISTS guarantees that he/she is the author of the ceded Artwork and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties. He/she commits to protect UP & COMING ART and the COLLECTOR in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the ARTISTS assigns to the COLLECTOR the material substrate of the artwork and its representation rights on the artwork. The ARTISTS however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
10 – DATA PROTECTION
UP & COMING ART gathers and retains the COLLECTOR and the ARTISTS’ personal data to ensure proper execution of these terms. Pursuant to the law No. 78 – 17 of January 6, 1978 relating to Information Technology, Files and Civil Liberties, the User has a right of access, modification, correction and deletion of his/her personal data processed via the Site, and the right to object to the communication of 4 such data to third parties on justified grounds by sending a request to the following address : firstname.lastname@example.org. UP & COMING ART reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. UP & COMING ART is committed to take all necessary measures to best protect the confidentiality of the information provided by the ARTISTS and the COLLECTOR.
11 – APPLICABLE LAW
These general terms and conditions of sale are governed by Dutch law.
12 – COMPETENT JURISDICTION
Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the courts of The Hague.