Artiwebshop


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Terms &Conditions ArtiWebshop

ARTICLE 1. / DEFINITIONS

To the extent that the nature or scope of these provisions not otherwise, in these terms and conditions, the following terms, used in the following meaning.

  1. ArtiWebshop: part of Global Art Media, The user of these terms and conditions, established in Lange Steenstraat, 16/41, 8500 Kortrijk, Belgium, registered under registration number 525.486810052000 and VAT number BE0525.486.810
  2. Trader: the natural or legal person, or at least acting in the exercise of a profession or business with whom ArtiWebshop has an agreement or Aims.
  3. Webshop: the online shop of the dealer operated by him through the platform.
  4. Platform: www.artiwebshop.com/be/nl as such.
  5. Agreement: all between ArtiWebshop and the merchant agreement reached, which ArtiWebshop himself for a time gave a commitment to the trader to make it available and keep an account on the platform that the trader whether or not existing shop can exploit, and through which buyers can purchase products and / or services from the merchants. If agreement is also considered the use of the platform by buyers so far as they expressly agreed to the applicability of these terms & conditions.
  6. Buyer: the natural or legal person, whether acting as a consumer, which the trader has signed a contract for the purchase of products of services, or intended to be consistent through the webshop. 
  7. Content: all data files and other materials, such as videos, photos and other data revealing the trader through his webshop or do reveal.
  8. Written: both traditional written communication as communication by email.

ARTICLE 2. / GENERAL PROVISIONS 

  1. These general conditions apply to every offer of ArtiWebshop and any agreement reached. These terms & conditions are clearly not applicable to the legal relationship between the merchant and the buyer regarding the purchase of products or services from the merchant.
  2. These conditions are to the exclusion of any of the trader and, where appropriate for the buyer’s conditions and terms of use, the latter conditions where always given explicitly. 
  3. If and insofar as an explanation on the platform or what has been agreed in writing with ArtiWebshop explicitly departs from the provisions of these terms & conditions, which counts indicated on the platform and / or otherwise agreed in writing.
  4. Destruction or invalidity of one or more of these provisions shall not affect the validity of the remaining clauses. In a case ArtiWebshop one hand and the merchant or buyer on the other hand, mandatory to act in concert in order to make alternative arrangements regarding the affected clause. In addition, as much as possible the purpose and intent of the original provision observed.

ARTICLE 3. / REGISTRATION AND CONCLUSION OF THE AGREEMENT 

  1. ArtiWebshop offers artists and entrepreneurs a platform which they can exploit their online store. Buyers can via the webshop (s) of traders buying products or services. For completion of the agreement registration by the trader is required on the platform. To this end, the trader must provide all requested information fully and truthfully to ArtiWebshop. The agreement is concluded at the time that the trader meets all the registration on the platform conditions and ArtiWebshop the registration of the dealer has confirmed by electronic means.
  2. Each user of the platform must be 18 years or older, or at least the age of majority in the jurisdiction where he lives / resides or where he uses the service of ArtiWebshop.
  3. The text of these terms & conditions prior to or at the conclusion of the agreement on the platform made available in such a way that the merchant and / or the buyer can save these terms in a simple way on a durable medium.
  4. During registration the trader receives a password to access his account on the platform. The dealer is always obliged to keep his password secret. All operation that are performed on his account (by others) are presented to the merchant.
  5. The trader who enters into this agreement on behalf on another natural or legal person declares by entering into the agreement, to be authorized. The dealer is in addition to this (legal) person jointly and severally liable for the fulfillment of the obligation under the contract.
  6. Each user of ArtiWebshop acknowledge and agree that use of the service of ArtiWebshop, including information which is transmitted or stored by ArtiWebshop, is governed by the privacy policy of ArtiWebshop.

ARTICLE 4. / CONTENT AND DURATION OF THE AGREEMENT 

  1. Subject to the restriction in these terms ArtiWebshop will keep the account of the trader on the platform available for him during the term of the agreement.
  2. The trader can set up his webshop to buy and insight including elements of layout, product data, images and other content. ArtiWebshop solely responsible for the presence of the functionalities of the platform expressly stated in the offer of ArtiWebshop. For the absence of functionalities not expressly stated in the offer, ArtiWebshop never wears any liability.
  3. Arti facilitates through the platform orders from buyers of products of services from the merchant. Relevant information regarding orders from buyers be held as soon as possible available to the trader. Through the platform, payments by the buyer shall be carried out electronically. Also, electronic payments are made directly by the buyer to the merchant. In contracts between traders and buyers ArtiWebshop is not involved and bears no liability in this respect; the merchant and buyer are responsible for the fulfillment of all obligations to each other related to such contracts and indemnify ArtiWebshop all claims from buyers or merchants and other third parties in this respect. 
  4. ArtiWebshop regulates communication between buyers and sellers not substantively. Artiwebshop does not control and is not responsible for the quality, safety, legality, integrity or accuracy of the traders and buyers via the platform revealed content and / or information provided by buyers and bears no liability in this respect.
  5. The agreement is for a fixed term of one year, unless otherwise expressly agreed. If the agreed period has expired, the contract terminates by operation of law, unless the agreement by the end of the agreed terms is expressly extended for another period of time.
  6. During the term of the contract, the trader is entitled to cancel his registration and to remove his shop. Removal of his account or shop is irrevocable unless expressly stated otherwise. In the event of early termination of the contract by the dealer, he will never be entitled  to full of partial refund or remission of the agreed price.

ARTICLE 5 /  PRICES AND PAYMENT 

  1. The price payable by the dealer is dependent on the size of the shop, the price is expressly stated in the offer. Unless otherwise stated, all prices quoted by ArtiWebshop exclude VAT.
  2. ArtiWebshop is entitled to change its prices. Price changes do not affect contracts already concluded.
  3. Payments must be made within the period prescribed in the manner prescribed by ArtiWebshop. If payment is agreed, ArtiWebshop has not been taken to give effect to the agreement after the trader has fully paid the down payment.
  4. If timely payment is not made, the failure of the trader legally enter into. From the moment that the failure of the trader enters, he’s on the outstanding amount an interest of 1% per month guilty, whereby part of a month as a full month is considered.
  5. All reasonable costs, both judicial and extrajudicial as execution costs, obtaining by amounts owed by the trader, are at his expense.

ARTICLE 6 / PLACING AND USE OF CONTENT ON THE PLATFORM 

  1. The buyer is responsible for monitoring include quality, reliability, quantity and safety of the platform by merchants posted content and that this content is free of viruses or other components which damage to the hardware- or software of the buyer may wreak. Regarding the merchant the same applies to the information provided by the purchaser by means of the platform to the merchant. 
  2. The trader warrants that he is fully entitled in respect of the content he reveals through the platform, upload, manage and use, and furthermore that it is fully entitled and authorized to publish the content on the platform, to preserve, to upload and to use. At the slightest doubt on the legitimacy of the post content must refrain the trader thereof. 
  3. The buyer and the merchant will not use the services of ArtiWebshop and refrain from (doing) distributing illegal and / or unauthorized data content.
  4. The trader guaranties that the information provided by him not infringe on the platform data placed on the (intellectual property) rights of third parties. The trader indemnify ArtiWebshop from all third party claims in this respect.
  5. ArtiWebshop takes no pre-scan of the merchants made available shop content. ArtiWebshop is entitled, if there are legitimate reasons, by the dealer on ArtiWebshop posted content to remove without ArtiWebshop in any way be liable to the merchant, purchaser or third parties as a consequence of such removals. Of unlawful content posted by the trader, buyers or other third parties can make notice to ArtiWebshop.   

ARTICLE 7 / SUSPENSION AND TERMINATION 

  1. A breach of the provisions in in these terms gives ArtiWebshop the right to terminate the agreement with immediate effect, unless the infringement on the basic of minor significance, termination of the contract does not justify.
  2. Furthermore ArtiWebshop is authorized to suspend the execution of the agreement or to terminate the agreement with immediate effect, if after concluding the agreement ArtiWebshop learns of circumstances giving good ground to fear that the trader his obligations will not or not in fully comply. 
  3. If the trader is in a state of bankruptcy, any attachment is levied on its goods or in cases where the trader on the other hand not freely about his ability available, ArtiWebshop is entitled to terminate the agreement with immediate effect, unless the trader has already adequate security for the owed by him and has set yet due to getting payments.
  4. Furthermore ArtiWebshop is entitled to terminate the agreement if circumstances arise that are of such nature that fulfillment of the contract is impossible or unaltered maintenance thereof cannot reasonably be demanded of him.
  5. Never by the trader, buyer or other third parties claim under any compensation in connection with the ArtiWebshop under this article exerted suspension and dissolution law.
  6. Unless this cannot be attributed to him, Is all By ArtiWebshop in connection with the suspension or termination of the agreement suffer damages on behalf of the merchant.
  7. If ArtiWebshop dissolves the agreement pursuant to this article, all claims against the dealer shall be immediately due an payable.

ARTICLE 8 / ABUSE

  1. To qualify abuse behavior is strictly prohibited. Abuse is not limitative mean the repect of ArtiWebshop or servers of ArtiWebshop or third party intentionally causing malfunctions or defects and make it otherwise infringe the software or systems of ArtiWebshop or third parties.
  2. It is the merchant and buyer prohibited to use the platform for illegal acts, acts which are inconsistent with the general standards and for committing crimes. Belong, among others understood to infringe any (intellectual) property rights of third parties or ArtiWebshop, spreading secret or confidential information, the unseemly, criminal or unlawful dissemination among other texts, images, including racist, pornography, criminal traffic, and illegal breaches of the systems whose services ArtiWebshop depends, including the spread of viruses, worms, etcetera. It is the merchant and the buyer further prohibited to threatening and intimidating utterances to spread through the platform.
  3. Illegal and / or the rights of third parties infringing content, offensive content and another to qualify as abuse behavior, the platform users can file a complaint with ArtiWebshop (complaints@artiwebshop.com). If ArtiWebshop a complaint founded, he is entitled to remove such content in whole or in part, And to the extent permitted by law, to disclose personal data of the person concerned to the competent authorities. 

ARTICLE 9 / LIABILITY AND INDEMNIFICATION   

  1. Unless content or recklessness of ArtiWebsite, any liability of ArtiWebshop is in connection with the execution of the agreement by traders and buyers suffered damage excluded. In particular ArtiWebshop is not liable for the cases referred to in the following paragraphs and the remainder of these terms and conditions.
  2. Traders determine what content is posted on their web shop. ArtiWebhop is not obliged to satisfy themselves or by the traders on ArtiWebshop posted content is unlawful or misleading. ArtiWebshop therefore accepts no liability of stored or exchanged on the platform . This also applies in respect of buyers by means of the platform provided data. These parties indemnify ArtiWebshop all claims of third party based on the assertion that the stored by them and / or exchanged through the platform are unlawful. 
  3. ArtiWebshop is not liable for damages resulting from unauthorized use of email addresses and passwords on the platform.
  4. ArtiWebshop strives to optimize the correct operation and accessibility of the platform and the service. ArtiWeshop cannot guarantee that the services of the platform are available for unlimited access to all facilities on the platform function smoothly. All liability of ArtiWebshop in this field excluded. 
  5. ArtiWebshop is at all times entitled to the platform of parts thereof to temporally shut down if it deems to be desirable with respect to maintenance, modification or improvement of the platform or the servers of ArtiWebshop or third parties. All liability of ArtiWebshop due to inaccessibility of the platform (and the shop of the dealer), or parts thereof, is excluded.
  6. ArtiWeshop is not liable for bugs on the platform. Furthermore ArtiWebshop is not liable for any viruses or other harmful components through the platform or servers of ArtiWebshop or third parties cause damage to the hardware or software of the merchant or buyer.
  7. If the platform contains references, for example by means of hyperlinks to third party websites, ArtiWebshop is never liable for the content of these websites.
  8. ArtiWebshop is committed to fairness in all the platform and secure its systems against any form of unauthorized use by third parties. ArtiWebshop is however not liable for violation of (intellectual property) of the trader or buyer for third parties and for damages resulting from loss or damage to data provided by the merchant or buyer.
  9. The trader and, if applicable, the buyer is towards ArtiWebshop liable for damages caused by him of the means of the system of ArtiWebshop, steading viruses, worms and so on, as well as for damage caused by other acts that the proper operation of the platform or parts thereof influenced.
  10. To the extent that , despite the provisions of these terms and conditions, any liability on ArtiWebshop rests, This liability to the merchant whatever reason, at any time per event ( whereby a series of related events counts as one event) limited to the current calendar year effectively provided by the merchant to ArtiWebshop consideration paid from which the liability of ArtiWebshop results.
  11. ArtiWebshop in any case is never liable for lost profits, loss, damage due to business interruption, other consequential loss, loss of content and immaterial damage, related to the use of the platform and other implementation of the agreement by ArtiWebshop. 
  12. Condition for the existence of any right to compensation is that the merchant and, in some cases the buyer immediately after the onset or the ( possibly can) discovery of the damage it does in writing to ArtiWebshop. Any claim for compensation expires if the matter is not within a reasonable period at ArtiWebshop a complaint is made.
  13. If and insofar as the merchant or buyer infringes the provisions of these terms and conditions or any statutory provision, he shall indemnify ArtiWebshop of all resulting damages and claims of third parties, the trader and, where applicable, the buyer, indemnifies ArtiWebshop, also all other parties in connection with the use of the services offered by ArtiWebshop.

ARTICLE 10 / INTELLECTUAL PROPERTY OF ARTIWEBSHOP

  1. All data, copyright and other intellectual property rights in de software, the ArtiWebshop’s domain name, platform and components, among which included the design, operation, images and sounds belong to ArtiWebshop or its licensors, as far as the rights not belong to trader it is the trader and, where applicable, the buyer prohibited to multiply ArtiWebshop’s material, modify, reproduce in any way divulge to third parties or to use them for commercial purposes. 
  2. The buyer is not permitted to remove notices or statements with respect to intellectual property rights of ArtiWebshop, make illegible, hide or change.
  3. By uploading content the merchant agrees:                                            
  • Buyers, other internet users and ArtiWebshop allowing to view the content.
  • To allow ArtiWebshop to display and save the content.

ARTICLE 11 / FINAL PROVISIONS

  1. ArtiWebshop will confidential information from the merchant and buyer which is not through content is revealed by them, do not disclose to third parties except in connection with the execution of the agreement is reasonable necessary. 
  2. On any agreement, any use of ArtiWebshop and of any between the parties resulting legal relationships are exclusively governed by Belgian law.
  3. ArtiWebshop is entitled to change these terms and conditions. The most recent version of these terms and conditions is available at ArtiWebshop. If a new version of these terms appears, the trader and, where applicable, the buyer has to accept it before continuing the use of ArtiWebshop.
  4. Before making an appeal to the court, the parties are obliged to work optimally in order to settle the dispute by mutual agreement.
  5. Unless the law compelling  them different, only the competent court within the district of the residence of ArtiWebshop is designated to hear disputes.
  6. Technical support is available for all sellers, questions and problems are handled by Arti Webshop for everyone, both for sellers and consumers and is available by e-mail (info@artiwebshop.com)

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