General Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) 1. PURPOSE AND ENFORCEABILITY OF THE GTCS The purpose of the plARTform website is to present Artworks from artists (hereinafter the “Sellers”) to the Artlovers of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller. 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 Buyer and the Seller. plARTform is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site. plARTform acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect. As a result, plARTform is not a party to the contract which is concluded only between the Buyer and the Seller, 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, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked when Artwork is ordered. 3. ORDER The Artworks are offered for sale on plARTform website. Each of the Artwork offered comes with a short explanation containing information about its substrate, its dimensions, and price. To order an Artwork, the Buyer 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 Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read and agree about the delivery costs. If the Artwork is no longer available, an email informing the Buyer 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 EUR and includes all taxes and delivery fees. The delivery costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery. The payment of the artwork price by the Buyer to the Seller is made via the payment services available on plARTform: paypal, credit card or bank transfer. Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on plARTform’s website. 5. DELIVERY OF THE ARTWORKS The delivery of the Artworks is made at the address provided on order and according to the procedures laid down by the carrier. Obligations regarding the delivery of the order, meaning transport, respecting the quality of the packaging for the artwork, as well as the conformity of the later are the sole responsibility of the Seller, plARTform’s shall in no case be held liable for failure to comply by the Seller. The Buyer 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 plARTform, who in turn will inform the Seller. 6. RIGHT OF WITHDRAWAL The Buyer may use his/here right of withdrawal by sending an email to the following address [email protected] with the exception of the cases specified in paragraph below, no later than 14-day (pursuant to Article UE 2011/83/C) from the date of receipt of the order and refunding the full cost, excluding shipping costs, including those for the return of the Artwork itself, which remain taken on to the Seller. plARTform will not refund to Customer the entire cost of the Products in the cases listed below: - When the packaging of the artworks, contained in the packaging for the shipment, should not be intact, with only the exception of any damage in transit and due to the Courier, which the Customer will have to notify to plARTform, referring to the mode of shipment and delivery; - When the artwork and its accessories (frame, certified of authenticity, and any other additional material and / or material contained in the packaging) would be, even partially, damaged or tampered with or removed or destroyed; - If the return process shouldn’t be been followed by the Customer, as described in the plARTform site. - If the artwork would be ordered by mistake and not canceled by forty-eight (48) hours from the time of purchase. plARTform will be responsible for handling the cancellation from the Buyer and shall process the refund after the artwork safely reaches the Seller. The return and the amount owed will be refunded to Buyer’s original source of payment in the same currency (minus shipping costs and international customs fees, if any) The returned artworks that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, plARTform reserves the right to decide at its sole discretion. 7. 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 of the Estonian courts, 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. 8. TAXES Except for sales tax that will be collected and paid by Seller with respect to sales of Artwork, Buyer shall pay, as and when due, any and all taxes assessed or incurred in connection with any amounts received under this Agreement, including import taxes or customs fees. 9. INTELLECTUAL PROPERTY The Seller 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 plARTform and the Buyer 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 Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction. 10. DATA PROTECTION plARTform gathers and retains the Buyer and the Seller’s personal data to ensure proper execution of these terms. The User of plARTform 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 such data to third parties on justified grounds by sending a request to the following address: [email protected] The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account. plARTform 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. plARTform is committed to take all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer. 11. APPLICABLE LAW These general terms and conditions of sale are governed by Estonian law. 12. COMPETENT JURISDICTION Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Courts in Tallinn, Estonia.