E-artlovers.com
Terms and conditions of use
1. SPECIFIC CONDITIONS FOR THE SALE OF ARTWORKS
Services provided by E-ARTLOVERS
E-VIRTUALGALLERY.COM provides services to artists, art galleries and private owners of artworks, developing digital tools that allow them to exhibit their artworks attractively in online 3D environments. E-ARTLOVERS.COM provides links to all virtual exhibitions created on the E-VIRTUALGALLERY.COM website to facilitate their spreading and sale through Social Networks, on the artists' and galleries' own websites and on E-ARTLOVERS.COM website.
E-ARTLOVERS.COM is only an intermediary to facilitate the sale of artworks between Artists, Galleries or Private Owners of artworks (hereinafter the SELLER) and Collectors or Occasional Buyers (hereinafter the BUYER).
E-ARTLOVERS.COM will not receive any emolument, commission or payment from the BUYER related to the sale of the exhibited works.
Artwork sales mechanics
When a BUYER is interested in buying or acquiring an artwork from the E-ARTLOVERS.COM catalog, he/she must first reserve it and indicate the address where he/she would like to receive the work in case of completing the sale. The SELLER will proceed to budget the sale of the work including packaging, transportation, VAT, withholdings or any other associated concept, this being the TOTAL PRICE. The SELLER, if he/she wishes, may also attach any other information or document related to the sale of the work.
E-ARTLOVERS.COM will send an email to the BUYER informing him/her of the availability of the work, its TOTAL PRICE and attaching any annexed document of the SELLER’s budget. With the sending of this communication, a reservation period of three days begins.
In this communication E-ARTLOVERS.COM will provide a link to the BUYER to cancel the reservation or confirm the purchase. In case of confirming the purchase, the BUYER will be redirected to the E-ARTLOVERS.COM website where he/she will fill in the billing data, confirm his/her purchase decision and execute the steps required by the bank payment platform.
If confirmation of purchase is not received from the BUYER within three days of reservation, the budget will be archived and the reservation cancelled.
Upon completion of the payment process, the work will automatically appear as sold in the exhibition room and the BUYER will receive the purchase invoice for the work along with information related to its shipment.
The SELLER may cancel the transaction at any time by notifying it to the BUYER through the platform and exempting E-ARTLOVERS.COM from responsibility for such cancellation of the transaction.
In case of cancellation of the transaction after payment by the BUYER, E-ARTLOVERS.COM will refund him/her with the amount paid.
During the process of booking an artwork, until its sale is confirmed, other BUYERS will have the opportunity to reserve it as a second option. In case the active reservation does not end in a sale, the possibility of acquiring it will be communicated to whoever has reserved the artwork as a second option.
The only person responsible for the artworks published on E-ARTLOVERS is the SELLER or SELLERS who use this space as an exhibition for the purchase and sale of artworks.
Warranty on artworks and their origin
The SELLER guarantees that the artworks included in his/her catalog exhibited on E-ARTLOVERS.COM Website are authentic and original, and were created by the author indicated in the catalog of works and, where appropriate, have a certificate of authenticity, are not subject to any lien in any way or are damaged or have visible or hidden defects. In the same way, he/she guarantees that the possession of the work by its owner is legal and peaceful and the SELLER is legally authorized to dispose of and/or sell said artwork.
The SELLER will indemnify E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. for any damage or claim that may be suffered due to non-compliance with this warranty by both the end customer and any third party.
Delivery of artworks
At E-ARTLOVERS.COM all the works of art from the exhibitions contained in E-VIRTULARTGALLERY are exhibited and marketed, giving them wide spreading among potential buyers. Therefore, E-ARTLOVERS.COM is simply an art exhibition platform where SELLERS can create virtual exhibitions in 3D environments. In this way, E-ARTLOVERS.COM facilitates the connection between SELLERS and BUYERS.
SELLERS are solely responsible for shipping the artworks that BUYERS want to purchase, as well as for packaging and ensuring that the artwork exhibited conforms to the artwork sent.
E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L., being only an exhibition platform, is exempt from any responsibility that may arise from the shipment of artworks as well as from the stipulated deadlines, packaging thereof and conformity of the artwork exhibited with the artwork sent.
2. GENERAL CONDITIONS
- Modification: E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. reserves the right to modify the General Conditions eventually, without prejudice to the fact that those applicable to the contract will be those in force at the time of contracting.
- Assignment: Unless otherwise agreed, the assignment to third parties of the rights and obligations arising from this contract is expressly prohibited.
- Information: The SELLER undertakes to provide E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. with the information requested by the latter to guarantee compliance with Law 10/2010, of April 28, and the proper execution of this contract.
- Confidentiality and personal data: The parties will treat the personal data that they mutually provide for providing the requested service and billing thereof. The provided data will be kept while the commercial relationship is maintained or during the years necessary to comply with legal obligations. Both parties undertake to keep absolute secrecy regarding personal data to which they have access in compliance with this contract and to ensure compliance with applicable legislation prior to and throughout processing. The data will not be transferred to third parties except in cases where there is a legal obligation. The signatories have the right to obtain information on data protection, access, rectify inaccurate data or request deletion of their personal data when the data is no longer necessary. The Parties undertake to maintain absolute confidentiality regarding the information and documentation that both Parties provide each other or have access to during the provision of the Service. Both parties undertake not to disclose or use directly or indirectly the information and knowledge acquired, derived from the contractual relationship agreed between the Parties in other services that are not the subject of this contract without requesting prior and explicit authorization from the other Party.
- Suspension or termination of services: E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. shall have the right, immediately and without any liability, either to suspend or terminate the provision of services or sale in case of omission by the SELLER to comply with its obligations under this contract and if such omission is not remedied within 10 days following notification of such omission to the SELLER. E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. assumes no responsibility for indirect and/or consequential losses or damages, including without limitation loss of profit, loss of business, income or profits, loss of opportunity and damage to reputation. It also assumes no responsibility for losses, damages or expenses that may directly or indirectly arise from claims or demands by third parties that the SELLER may have incurred.
- Applicable law and jurisdiction: The parties, with waiver of their own jurisdiction, if any, submit to the Courts and Tribunals of Barcelona. This contract is of a commercial nature and shall be governed by its own clauses and in what is not provided for therein, the parties shall comply with the provisions of the Commercial Code, commercial practices and, failing that, with the provisions of the Civil Code.