Terms & Conditions and Privacy Policy
Artalis.com
Terms & Conditions and Privacy Policy
(Last updated 21 April 2008)
User contract
Artalis.com is a no-profit project whose mission is enhance a plattform where modern and contemporary art lovers can meet, buy or sell their items for free withot any commission.
Artalis.com is not a mediator and is not responsible for the authenticity of works or Users' behaviour or identity.
Artalis.com is made available under the terms and conditions of this user contract.
This document alone and no other constitutes a relationship as user with Artalis.com.
By accessing the Artalis.com site, whatever the Internet address or URL used, and/or buying response units you accept to be bound by all the terms of this user contract.
Users: Artalis.com is authorised to ask and collect your personal information to facilitate the management of your account and improve the provision of services.
Artalis.com reserves the right to refuse a client's registration with which it has in the past had difficulty or to ban / block without any advice users from using its services.
The account is for the personal use of the user. The user is therefore forbidden to cede, transfer or sublicense his/her rights as a user to anyone whatsoever. The user may however allow other persons to use his/her account on the understanding that in this case the latter shall bear no responsibility for the consequences of such use which shall in all circumstances be in compliance with the terms of these general conditions of use.
The Artalis.com website: From the Artalis.com site, you can use the entirety of the data banks available on the site. Our website requires cookies to be enabled in your web browser to maintain your session with the web server. A session cookie is used exclusively during your access to the databases and a user cookie saves your username and language during 365 days.
Artalis.com reserves the right to limit the number and frequency of queries and consultations effected on its site and any such reduction or limitation shall under no circumstances be considered grounds for any demand or occasion of any prejudice to the user.
We forbid any queries that do not conform to the profession's customs, any automated queries, especially those monitored by a machine, software or hardware system, and any queries based on algorithms, mathematical series or by difference of another existing data bank.
Declaration:The user states that he/she is at least 18 years of age and has the legal competence to conclude this contract. Without these condition he/she must leave the site.The user undertakes on his/her sole responsibility to carry out queries on the data banks of the Artalis.com company. Artalis.com shall attempt to satisfy such queries it being understood that it is only under an obligation of due care and diligence. All replies to queries will entail a debit to the user's units related to the nature of the query. Artalis.com cannot be held responsible for the fraudulent use of the username and password of the user which are the only references that Artalis.com is authorised to verify.
Content: Artalis.com may at any time and without advice remove unsuitable content and images posted by registred and unregistred Users. Artalis.com broadcasts online data banks related to art and the art market provided by registred users. Artalis.com offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information it collects. Registred users should be aware that posting images or other content that are protected by copyright undergoes to their sole responsibility, and Artalis.com may not be in any case responsible for users' behaviour.
Upon request Artalis.com may in any case remove promptly any images and content protected by copyright and worn or remove users who posted them on the website.
Property: All programs, services, procedures, concepts, non-commercial software, brands, technological elements and content of the data bank as well as all the services offered by Artalis.com will remain the full and exclusive property of Artalis.com. All unauthorised use of its rights is forbidden. Specifically, Artalis.com has authorship rights over its data bank which are protected under the terms of Intellectual Property and these may never be used except for brief quotation or upon request. Specifically any use or quotation of data contained in the data bank broadcast to the public shall respect the rights of Artalis.com and must be accompanied by the legend: "source: Artalis.com"
Absence of guarantee and limitation of responsabilities: All information in the data banks of Artalis.com are provided 'as seen' and Artalis.com offers no express or implied guarantee on as to the content of this information which has been collected and collated from other pre-existing elements which may themselves contain a certain number of errors. Artalis.com, while seeking to minimise these errors, nevertheless accepts no responsibility for the presence of any erroneous information on its data bank. By this contract the user renounces any claim or right to engage in litigation relative to any loss or injury caused by any such errors on the basis of contractual or criminal responsibility or on any other basis.
Payments: ARTALIS.COM is a no-profit project that allows buying and seling art related items for free and with no commission. To accomplish its mission Artalis.com may raise funds by creating extra services that may need payment or subscription. Validity and costs of such services or subscription may depend on the selected options. These extra features will maintain free access to Artalis.com for anyone as well as it will allow basic buying and seling services without costs and without commission. Raised funds will be used to maintain, improve Artalis.com and enlarge its community through advertising. Artalis.com reserves the right to suspend or cancel without prior warning the registration of any user.
Application date of agreement: This contract shall come into effect at the date it is first accepted and remain in force until the closure of the account. Artalis.com reserves the right to modify this contract at any moment by broadcasting the modifications on line and it is the responsibility of the client to regularly inform him/herself of the information for users that shall be made available on line for this purpose. If the client continues to use the site Artalis.com after the online broadcast of any such modifications he/she shall be deemed to have accepted the present contract along with its modifications. If the client disagrees with any modifications, he/she shall inform Artalis.com (artalis.com@gmail.com) within a period of at most 30 days of their initial broadcast.
Jurisdiction: Artalis.com is a projet conducted by the no profit organization Associazione Studioarte, based in Trieste, via San Francesco 22, Italy (st_arte@yahoo.com). This contract is subject to Italian law. The client /user and Artalis.com accept the competence of the courts of Trieste, Italy, to rule on any litigation relating to the termination or cancellation of this contract.
Trieste, 21 April 2008
Buying and selling in Artalis.com: Terms of Use
The general terms of sale apply exclusively to trade relations which exist between Artalis.com and you, an Artalis.com customer.
We may modify these terms of use at any time provided that we include these modifications on our Website.
We accept your order in accordance with the conditions of these general terms of sale. By confirming your order, you accept the entirety of the general terms of sale made available to you on the site, as well as these terms of use, and acknowledge that you are fully aware of them. The following requests, among others, are prohibited: all requests which are not customary in the profession, all automatic requests including, in particular, those made by automaton, software, requesting and hardware systems depending on algorithms, program suites or through differential with another databank.
Artalis.com is a noprofit website, but we reserve at any time the right to add rates and modify prices, while we undertake to apply the rates which were in force at the time of your order and which you were informed of. Artalis.com is not responsible for any difference may arise between the estimated total amount of your order and the amount invoiced, related exchange rate variations or to bank commissions.
When applying, full price is immediately due and payable at the date of the order. Payment can be made by payment card, Paypal or bank transfer. On-line secure payment by bank card uses the Secure Socket Layer (SSL) protocol. Information which is transmitted is encrypted by a software program and cannot be read when transiting on the network.
An Artalis Ad can feature pieces of the following categories: artWorks or artBooks. Artalis Ads describe books and works of art for sale or books and works of art sought by a buyer. They can include only texts and pictures which you provide directly us with. The content of your ad must not violate the rights of third parties relative to photographs, pictures and texts.
We would draw your attention to the fact that you are fully responsible for any Artalis Ads that you publish.
In particular, Artalis cannot be held liable for the right of reproduction concerning which you hereby state that you are authorised to publish the image(s),photograph(s)/picture(s) of the work of art sold or sought after or of the book sold or sought after in the context of the Artalis Ads.
The seller is solely responsible for the details listed. A seller's referencing of a Artalis Ad associated with an artist in a given discipline can in no case be interpreted as being a guarantee by Artalis as regards the authenticity or origin of the object which is sold. Any Artalis Ad which does not exclusively meet these criteria or which contravenes these terms of use may be removed from our site without prior notice.
Artalis Ads must not contain viruses, computer worms, or any other data-processing programs intended to damage or intercept, on a furtive basis, any data-processing systems, data or personal information; must not propose direct or indirect hypertext links to goods or services on the Internet.
In addition, you are not entitled to run a Artalis Ad which would be contrary to law, public policy or public decency; which contravenes the rights or licences of third parties, copyright, industrial and/or intellectual property rights; or which would contravene these terms of use.
Artalis.com reserves the right to remove any Artalis Ad which would be contrary to law, public policy or public decency, or which would contravene these terms of use.
In the framework of a violation of these terms of use, your Artalis Ad which is removed is not refund and you are not entitled to make any claims or file for damages.
In order to enable us to make use of the information and other items (text, pictures, photographs) resulting from your Artalis Ad which you sent us, without violating rights which you may hold on this information, you grant us a transferable, non-exclusive license, free of charge, with no time or territorial limits, with the right to grant sublicenses, for the use, exploitation and disclosure of said information, for use in any existing or future media, while complying with our Confidentiality Charter. This license shall remain in force throughout the legal period of protection of your Personal Information.
You agree not to use software programs or manual procedures in order to copy our Internet pages or to collect the information on these pages without our prior express consent in writing. You agree not to use any devices or software programs of any kind in order to disturb or try to disturb the proper operation of our site. You agree not to undertake any action which would impose a disproportionate load on our infrastructures. You agree not to copy, reproduce, alter, modify, create derived works or disclose all or part of the content of our site to the public without our prior express consent in writing or the consent of relevant third parties.
Artalis may not be held liable should the content of the Artalis Ad or any part of Artalis Ad be duplicated on Internet sites or any other current or future media without it being aware of this, without having received Artalis.com's written approval.
You agree to defend and compensate Artalis (including costs for legal proceedings) caused by or resulting from a violation by you of these General Terms and Conditions of Use or from a violation by you of any law or any right of these third parties.
When a seller or a buyer runs a Artalis Ad on Artalis.com, in no case this can be interpreted as a guarantee by Artalis with respect to the authenticity or origin of the work of art which is sold.
Artalis, on the one hand, and you, on the other, are independent parties, with each one acting in its own name and on its own behalf.
We do not intercede in transactions between buyers and sellers. Correspondingly, we do not exercise any control over the quality, security or lawfulness of the objects which are listed, the truth or accuracy in the Artalis Ads which are put on line, the sellers' legal capacity to sell said goods or services, or the buyers' ability to pay for said goods or services.
Thus, you exempt Artalis from all liability in case of dispute for any claims, and for all present or current damage resulting directly or indirectly from your Artalis.com Ad.
These Artalis.com Ad terms of use do not create any tied link, mandate, jointly-owned company (Société en Participation), joint venture (Entreprise Commune), franchisor/franchisee or employer/employee relations between Artalis.com and yourselves.
Our liability cannot be involved due on account of the content of sites towards which the hypertext links can be directed from our site.
We undertake to provide all due care which is common practice in the profession in order to implement the service which is proposed to the customer. Nonetheless, our liability cannot be called into question in case of breach of our contractual obligations as a consequence of a fortuitous event or a force majeure event such as, without being limited to, disasters, acts of terrorism, sabotage, strikes, fire, flood, material failure or breakdown of means of transportation, means of communication, or on account of your actions.
In addition, our liability shall not be involved in case of error in the presentation of products on our site, as the photographs, texts and illustrations representing the products are not contractual.
Your personal information
All personal data pertaining to you is handled with the utmost confidentiality, in accordance with the provisions of our personal data protection policy.
At the time of registration or of your your purchases, we may ask you only for information which is absolutely essential in order to ensure the quality of the services and processing of your order.
You have the right to access and correct data pertaining to you. To do this, you need to access the 'MY ARTALIS' heading on our site using your login id and your password and modify tour data in the "My Profile" fileds. You may as well ask us to close your account and delete alla your personal information. For any other questions relevant to the protection of your personal data, you can send us an email at artalis.com@gmail.com
By accepting these general terms of sale, you acknowledge that you have read our privacy policy and you have taken cognisance of our policy for protecting personal data and that you grant us the right to collect and use this data.
These general terms of sale are subject to Italian law. Disputes relative to trade relations which exist between Artalis.com and its customer are subject to the exclusive competence of Italian courts. Comment: for the time being, the items are not numbered; the order chosen is quite arbitrary, the order of presentation may be modified as required.
The general sales conditions exclusively apply to the commercial relations that bind Artalis.com and You, the client.
We have the right to modify the present general sales conditions at any time provided that we notify the changes on the website.
Artalis.com does not take any part or participation in sales conducted between You and a third party, should You be the buyer or the seller.
Artalis.com is not a mediator, therefore we cannot be responsible for Userâs behaviour or misbehaviour and we cannot guarantee that information provided by Users are correct and that works are original or authentic or have a legal-illegal provenance.
Users must be aware that Artalis.com does not and cannot undergo to any control on items posted on the Artalis.com website.
Any relation between Users - buyers and sellers - is conducted directly, therefore Artalis.com cannot in any way be held responsible for agreements, exchanges, purchases or any other action between buyers and sellers.
Buyers and sellers are bound to take all necessary information about each other and about the items to exchange before entering any further process such as agreements, purchases or any other action.
In case Artalis.com would sell directly its books or artworks, we would guarantee legal provenance as well as authenticity of items. In this case Artalis.com would never sell through third parties or through other users: Artalis sales would be handeled by the Artalis Store name "Artalis.com" and no other store.
In case Artalis.com would sell directly books or artworks, we accept your order according to the present general sales conditions.
We will process your order as long as stocks exist or last. All sales will be processed only if items are still available.
When confirming your order you accept the entire general sales conditions hereby presented and available at any time on the website. You also acknowledge having read, understood and accepted the general sales conditions.
We forbid any queries that do not conform to the profession's customs, any automated queries, especially those monitored by a machine, software or hardware system, and any queries based on algorithms, mathematical series or by difference of another existing data bank.
Prices do not include shipping, insurance nor processing costs. We have the right to modify prices at any time but we commit ourselves to charge you the prices applying at the time you ordered.
When buying directly from our official âArtalis.comâ Store all costs exceeding the prices shown on he website are charded to the buyer. This include all expenses such as shipping costs, insurance etc. Prices indicated on the website include solely the cost of the items and does not include anything else.
When buying from any other User, all prices shown refer to the cost of the item and all other charges are to be payed by the buyer.
All expenses such as shipping costs, insurance etc... are charged to the buyer upon direct agreement with the seller.
All expenses, charges and discounts should be agreed directly between buyer and seller prior payment and conclusion of sale.
Artalis.com does not take part in this process and cannot interfear in anway with it.
Please note that all sales and transacions should be conducted using the currency shown in the prices of related items and services. Artalis.com is not responsible for any difference that may arise between the estimated amount of your order and the invoiced amount, due to changing currency rates and bank fees.
When buying directly from our official "Artalis.com" Store, full price is to be paid upon confirmation of the order. You may pay by credit card, bank cheque, bank transfer or any other system reported in the item description. It is compulsory that all payments by cards which issuing entity is located outside Italy be international credit cards. Online payment is perfectly secured: it uses the SSL (Secure Socket Layer) protocol. The transmitted information is encrypted by a software and cannot be read while on the network.
For payment by cheque, the cheque shall be payable to Studioarte and sent to the address that will pe provided directly to You via email or to our main address:
Artalis.com c/o Studioarte
via San Francesco 22
34133 Trieste, Italy
The items ordered will be delivered to the address given at the order, unless specific information is given. All risks shall pass on to the customer from the moment when the products are shipped out of the Artalis.com premises. The delivery schedule is given as a rough guide.
For any item purchased directly form our official "Artalis.com" Store we shall only refund items returned within 7 (seven) days from the date of reception of the order.
Return shall be to the customer's expense unless the items are returned because of a mistake on our part. We will only refund or exchange the items returned complete, in good condition and in the original wrap, and with all its documents. You must also include the invoice reference, the customer's details as well as the reason for the exchange or refund.
Return address:
Artalis.com c/o Studioarte
via San Francesco 22
34133 Trieste, Italy
After 7 (seven) days, the delivered items will be considered as in keeping with the order and accepted by the customer.
Any refund concerning items purchased from other Users / Sellers must be agreed prior the purchase betwwen buyer and seller.
Artalis.com will not have any possible control over purchases made between Users and cannot be held responsible for any dishonest or illegal behaviour.
Therefore Artalis.com advices and worns buyers and sellers to take all means to undertake directly a clear and suitable agreement that includes legal terms about returns and refunds.
The delivered items will remain Artalis.com's property until all your obligations to us are met, especially until the full price is paid including interests if they apply. The present property reserve does not obstruct that the risks pass on to the customer the day the ordered products are shipped out of the Artalis.com premises in accordance to the conditions described.
Our responsibility shall not apply to the content of sites to which the customer may be directed from our website via hypertext links.
We commit ourselves to take all the necessary care and measures to ensure as good a service as may be expected on the market. Our responsibility shall nevertheless not apply if we do not meet the contract obligations because of an accident or force majeure such as catastrophes, strikes, fires, arsons, floods, faulty or broken down material, transportation and communication means or because of your decision.
Moreover, our responsibility shall not apply in case the products do not match the presentation on our website. Artalis does not warrant that the photographs, texts and illustrations presenting the products are accurate and error-free.
The present general conditions of sale are governed by Italian law. Any disputes relating to the commercial relations that bind Artalis.com and the customer are exclusively governed by Italian law.
Copyright
No data and information contained in Artalis.com website may be reproduced, transcribed or indexed, not even partially without prior written agreement of Artalis.com and without mentioning Artalis.com as copyright holder (© Artalis.com).
Any unauthorized reproduction, in whole or part, by means whatsoever, of images, information and data contained or published on Artalis.com is illegal and constitutes a forgery of intellectual property rights.
Users should be aware that posting images or other content that are protected by third parties' copyright undergoes to their sole responsibility, and Artalis.com may not in any case be responsible for Users' behaviour or for fraudulent uses of copyright protected items. Upon request Artalis.com may in any case remove promptly any images and content protected by copyright and worn or remove from its website unscrupulous, unfair and dishonest Users.
Privacy policy
Artalis.com committs to protect your privacy and all information you post on our website.
You may visit all pages of Artalis.com without registering and without giving any personal information.
Your personal information is only necessary when you register with us or when you contact a seller on Artalis.com.
When you contact a seller, the email address you provide is sent directly and authomatically to the seller so that he can reply directly to your message. In this case Artalis.com does not collect any of your personal information such as your name or email, and no information is stored on our database.
When you register on Artalis.com, the personal information you provide is processed under strict privacy procedures, in accordance to the measures of our privacy policy and of the Italian law.
Those minimum required information are necessary to ensure quality services and processing.
We may use the information to process your orders, send updates about Artalis.com, new services and functions or promotions about our partners.
In accordance to article n. 13 law 675/96 (Italian law for privacy), you have a right to access and correct the information related to you.
All you need to do is enter your username/email and password to access the MY PROFILE section of our website.
If you wish to close your account please contact us and we will delete all your personal information.
For any questions about privacy policy please email us at artalis.com@gmail.com.
Payments made on Artalis.com ensure safe and secure trasmission. When those information are stored they undergo to very strict procedures that protect you against any unauthorized access. All payment details and personal infromation relating to payments are never shared with third parties and are kept as strictly confidential.
When you access to Artalis.com you allow us to collect any information that we may use to generate statistics about clients, products, sales. If sharing this kind of collected data, we will never share any of your personal information.
Any change of our privacy policy will be notified and posted to this page.
By applying to the present general sales conditions, you acknowledge that you are aware of our privacy policy and accept that we gather and use the information under the terms and condition described above.