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E-VirtualGallery - General terms and conditions of use

E-virtualgallery.com

General terms and conditions of use

1. CHARACTERISTICS AND SUBSCRIPTION PLANS

E-VIRTUALGALLERY.COM provides services to artists, art galleries and private owners of artworks, developing digital tools that allow them to exhibit their works of art attractively in online 3D environments.

E-VIRTUALGALLERY has four subscription modalities for its users, which offer different usage benefits:

  1. TEST: This is the default option assigned to any user at the time of registration. Subscription to this modality is free. The benefits that this modality gives access to are:
    1. Use of one (1) exhibition room to choose from within the options included in the catalog of rooms.
    2. Storage on the E-virtualgallery.com server of a maximum of twenty (20) photos of artworks to be exhibited.
    3. Storage on the E-virtualgallery.com server of a maximum of three (3) photos of the artist or any other complementary image to add to virtual exhibitions.
    4. Storage on the E-virtualgallery.com server of a maximum of one (1) video to add to virtual exhibitions.
    5. Publication of one (1) virtual exhibition.
    6. Obtaining an interactive link that gives access to the exhibition, which can be used by means of the “copy/paste” function for spreading on social networks or email.
  2. BASIC: Subscription to this modality has a price of nine euros per month (9.00 €) or ninety euros per year (90.00 €) if contracted in a single annual payment. The benefits that this modality gives access to are:
    1. Use of one (1) exhibition room to choose from within the options included in the catalog of rooms.
    2. Storage on the E-virtualgallery.com server of a maximum of fifty (50) photos of artworks to be exhibited.
    3. Storage on the E-virtualgallery.com server of a maximum of five (5) photos of the artist or any other complementary image to add to virtual exhibitions.
    4. Storage on the E-virtualgallery.com server of a maximum of two (2) videos to add to virtual exhibitions.
    5. Publication of one (1) virtual exhibition.
    6. Obtaining an interactive link that gives access to the exhibition, which can be used by means of the "copy/paste" function for spreading on social networks or email.
    7. Use of the Augmented Reality application "E-Art on Wall", exclusive to E-virtualgallery, which will be freely accessible to all persons accessing the user's virtual exhibitions.
    8. Inclusion and publication of the user's exhibitions in the catalog of artists and exhibitions of E-artlovers.com
    9. Access to the purchase-sale gateway of E-artlovers.com to sell artworks online.
  3. PLUS: Subscription to this modality has a price of thirty-nine euros per month (39.00 €) or three hundred and ninety euros per year (390.00 €) if contracted in a single annual payment. The benefits that this modality gives access to are:
    1. Use of five (5) exhibition rooms to choose from within the options included in the catalog of rooms.
    2. Storage on the E-virtualgallery.com server of a maximum of three hundred (300) photos of artworks to be exhibited.
    3. Storage on the E-virtualgallery.com server of a maximum of twenty-five (25) photos of the artist or any other complementary image to add to virtual exhibitions.
    4. Storage on the E-virtualgallery.com server of a maximum of ten (10) videos to add to virtual exhibitions.
    5. Publication of five (5) simultaneous virtual exhibitions.
    6. Obtaining an interactive link that gives access to each of the exhibitions, which can be used by means of the "copy/paste" function for spreading on social networks or email.
    7. Use of the Augmented Reality application "E-Art on Wall", exclusive to E-virtualgallery, which will be freely accessible to all persons accessing the user's virtual exhibitions.
    8. Inclusion and publication of the user's exhibitions in the catalog of artists and exhibitions of E-artlovers.com
    9. Access to the purchase-sale gateway of E-artlovers.com to sell artworks online.
    10. Obtaining a personalized and permanent link to embed in the user's own website in the form of a button or text link. Anyone who clicks on it will access a portal where all virtual exhibitions that the user has available at that time will be listed.
    11. Promotion of the user's exhibitions on E-artlovers.com through its newsletter, mailing or other marketing actions.
  4. PRO: Subscription to this modality has a price of ninety-nine euros per month (99.00 €) or nine hundred and ninety euros per year (990.00 €) if contracted in a single annual payment. The benefits that this modality gives access to are:
    1. Use of fifteen (15) exhibition rooms to choose from within the options included in the catalog of rooms.
    2. Storage on the E-virtualgallery.com server of a maximum of one thousand (1000) photos of artworks to be exhibited.
    3. Storage on the E-virtualgallery.com server of a maximum of one hundred (100) photos of the artist or any other complementary image to add to virtual exhibitions.
    4. Storage on the E-virtualgallery.com server of a maximum of forty (40) videos to add to virtual exhibitions.
    5. Publication of twenty (20) simultaneous virtual exhibitions.
    6. Obtaining an interactive link that gives access to each of the exhibitions, which can be used by means of the "copy/paste" function for spreading on social networks or email.
    7. Use of the Augmented Reality application "E-Art on Wall", exclusive to E-virtualgallery, which will be freely accessible to all persons accessing the user's virtual exhibitions.
    8. Inclusion and publication of the user's exhibitions in the catalog of artists and exhibitions of E-artlovers.com
    9. Access to the purchase-sale gateway of E-artlovers.com to sell works online.
    10. Obtaining a personalized and permanent link to embed in the user's own website in the form of a button or text link. Anyone who clicks on it will access a portal where all virtual exhibitions that the user has available at that time will be listed.
    11. Promotion of the user's exhibitions on E-artlovers.com through its newsletter, mailing or other marketing actions.
    12. Appearance in the "Featured Exhibitions" section of the E-artlovers.com website.

The subscription deadlines for any modality will be effective from the moment of payment confirmation. Once payment has been made, there is no possibility of refunding the subscription amount.

All subscriptions will be automatically renewed on their expiration date for a period of time and modality equal to the previous subscription. Subscriptions can be canceled at any time during their validity period and the cancellation will take effect on the expiration date of the subscription.

If a user changes their subscription modality to a higher one, the upgrade will take effect immediately after payment of the new modality. If the change in modality is to a lower rate, it will take effect upon expiration of the current modality at the time of change.

2. SPECIFIC CONDITIONS FOR THE SALE OF ARTWORKS

Operational of the sale of artworks

E-VIRTUALGALLERY.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 the E-ARTLOVERS.COM website.

E-ARTLOVERS.COM is a website owned by E-VIRTUALGALLERY.COM that acts as an intermediary to facilitate the purchase and sale of works of art between Artists, Galleries or Private Owners of works of art (hereinafter the SELLER) and Collectors or Occasional Buyers (hereinafter the BUYER).

The SELLER has the option of publishing the sale prices of their works in the information linked to each of the paintings in their virtual exhibitions.

THE SELLER guarantees that the price and conditions of sale offered through E-VIRTUALGALLERY.COM are equal to or better than those offered by the SELLER through its art gallery, artist's workshop or its intermediation.

When a BUYER is interested in buying or acquiring a work, they must first reserve it and indicate the address where they would like to receive the work in case they complete their purchase. The SELLER will proceed to budget the sale of the work including packaging, transportation, VAT, withholdings, transport insurance or any other associated concept, this being the TOTAL PRICE. This budget must be made in the budget form linked to the Work Sheet that you wish to budget. The SELLER, if desired, may also attach any other document related to the sale of the work.

When the SELLER sends the budget, E-VIRTUALGALLERY.COM will generate an email to the BUYER informing them of the availability of the work, its TOTAL PRICE and attaching any annex document from the SELLER's budget. With the sending of this communication, a reservation period of three days begins.

Once the invoice has been sent by the SELLER to E-VIRTUALGALLERY.COM, it is received and verified that the data is correct, the platform will provide it to the BUYER along with the shipping data of the work.

Simultaneously, E-VIRTUALGALLERY.COM will generate an invoice to the SELLER for the amount corresponding to the management commission which amounts to 15% of the TOTAL PRICE of the work sold. E-VIRTUALGALLERY.COM does not store any bank information of its users, so when the SELLER receives the invoice, he must provide his bank account number where he wishes to receive payment of the price of his work with the deduction corresponding to the commission, along with the proof of delivery of the work to the company responsible for the shipment.

E-VIRTUALGALLERY.COM will pay the SELLER the amount of the sale price, that is, minus the management fee, on the 15th of each month and, in any case, at least 21 days after the Seller has delivered the work to the carrier.

For example, if the work sold is delivered to the carrier on January 5, the amount of the sale to be returned to the SELLER will be paid by E-VIRTUALGALLERY.COM on February 15.

Another example, if the work sold is delivered to the carrier on June 20, the amount of the sale to be returned to the SELLER will be paid by E-VIRTUALGALLERY.COM on July 15.

Guarantee on the works and their origin

The SELLER guarantees that the artworks included in their catalog exhibited on the 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 work of art.

The SELLER will hold E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. harmless for any damage or claim that may be suffered due to non-compliance with this guarantee by both the end customer and any third party.

Delivery of the works

All the works of the exhibitions contained in E-VIRTULARTGALLERY are exhibited and marketed on E-ARTLOVERS.COM, 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 works of art that BUYERS wish 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 of the same and conformity of the exhibited artwork with the artwork sent.

3. 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.
  • Artistic Committee: E-VIRTUAL GALLERY AND DIGITAL SOLUTIONS, S.L. upholds the freedom of expression for all artists and advocates for the dissemination of their creations. This function is carried out under the supervision of an Artistic Committee responsible for ensuring the quality of exhibited works. The committee comprises: 
    - A gallerist with over 20 years of experience in the art sector. 
    - An artist with international recognition and over 20 years of professional practice. 
    - An accredited and recognized art collector. 
    - An executive member of E-virtualgallery. 
    While all artistic creators have the opportunity to exhibit their works on E-virtualgallery.com, the Artistic Committee reserves the right to cancel exhibitions of works that do not meet a minimum level of quality or whose creators cannot demonstrate a minimal professional trajectory. 
    The oversight of E-virtualgallery's Artistic Committee does not absolve users of the website of their responsibility and legal implications arising from the exhibition of their works, as outlined in point 3 of the Legal Notice published on the E-virtualgallery.com website.
  • Copyright Warning and Disclaimer of Liability
    • Background Music: E-VIRTUALGALLERY.COM provides users with a catalog of music obtained from LAMUSICAGRATIS.COM. These copyright-free musical works may be used by users as background music in their virtual exhibitions.
    • Videos and Photographs of Artworks, Artists, and Galleries: E-virtualgallery allows users to upload videos and photographs to the platform as content and/or supplements to their virtual exhibitions. It is imperative that users understand and respect the copyright of third parties when uploading videos and images to our platform.

      The user declares and warrants to have the legal right and authority over any image or video uploaded to the E-virtualgallery platform. By uploading a video or image, the user grants E-virtualgallery a non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and publicly display said video or image in connection with the E-virtualgallery platform and its services, including the promotion and redistribution of part or all of the content.

      The user acknowledges and agrees to be solely responsible for any violation of copyright or other intellectual property rights that may arise from the content of the videos or images uploaded to the platform. E-virtualgallery assumes no responsibility for the content of videos or images uploaded by users, including claims of copyright infringement.

      By uploading videos and images to the E-virtualgallery platform, the user releases, exempts, and indemnifies E-virtualgallery, its directors, employees, agents, and affiliates from any claim, demand, action, damage, loss, liability, cost, expense, or other harm, including reasonable legal fees, arising out of or related in any way to the uploaded content or the user's use of the platform.

      E-virtualgallery reserves the right to remove any video or image that infringes the copyright or other intellectual property rights of third parties or violates the terms and conditions of use of the platform.
  • Copyright: By transferring any content to the server, the user warrants to have the right to provide this content for publication on the website E-VIRTUALGALLERY.COM without any claim for compensation from E-VIRTUALGALLERY.COM or other parties.
  • Exemption and Indemnification Clause: The user indemnifies E-VIRTUALGALLERY.COM from all claims that third parties may assert for infringement of their rights, especially their copyright, license rights, competition rules, or any other property rights in the content provided by the user. The user is obligated to reimburse all expenses incurred in the legal action taken for the violation of rights. The user agrees to support and provide assistance to E-VIRTUALGALLERY.COM by all means available to address all claims by third parties based on their content, especially by providing all necessary documents for legal defense.
  • Use of Images and Virtual Exhibitions for Advertising Purposes By accessing and using our platform, the user acknowledges and agrees that E-virtualgallery acquires the right to use images of artworks, artists, galleries, and any other type of image uploaded by the user to the platform, as well as virtual exhibitions created by users on the platform, for advertising purposes. This right includes, among other things, the use of the aforementioned images in E-virtualgallery's social media and email campaigns (mailing). By uploading images of artworks or participating in virtual exhibitions on our platform, the user declares and warrants to have the legal rights and authority to grant E-virtualgallery the aforementioned rights over such images and virtual exhibitions. Additionally, the user expressly waives any claim or demand against E-virtualgallery arising from the use of such images and virtual exhibitions for advertising purposes.
  • 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.