Terms of use

 

GENERAL TERMS AND CONDITIONS FOR USE OF THE ArtWizard PLATFORM

 

PART ONE

ArtWizard PLATFORM USER'S TERMS AND CONDITIONS

GENERAL PROVISIONS

This document (together with all the appendices and supporting documentation) governs the general terms and conditions for using the digital art platform www.artwizard.eu and purchasing art products from it, regardless of the technological means by which it is accessed (hereafter referred to as the "General Terms and Conditions" or the "Terms and Conditions").

This document further governs the general terms of electronic commerce/distance contracts within the meaning of the applicable EU Consumer Protection legislation by and between:

"ArtWizard" OOD, a Bulgarian legal entity, having its seat in the city of Sofia and registered address at 2 Malyovitsa Street, 1000 Sofia, entered into the Commercial Register under company number 204884705.
hereinafter referred to as the "SUPPLIER", on one hand,

and

the person who has agreed with these Terms and Conditions, hereinafter referred to as the "USER", in connection with the request and purchase of the art products offered through the digital art platform www.artwizard.eu, on the other hand.

DEFINITIONS AND TERMS

Art. 1 For the purposes of these Terms and Conditions, the following terms and expressions used in these Terms and Conditions shall have the following meaning:

  1. "Website/Site" is a distinct place on the global Internet network, accessible through its HTTP, HTTPS or other standardized protocol URL and containing files, programs, text, sound, picture, image or other content, materials and resources;
  2. "www.artwizard.eu" is a digital e-commerce art gallery platform for the sale of art products in the form of various art objects, which are sold and delivered upon the express request by the USER;
  3. "USER" is a natural person over 18 years of age or a representative of a legal entity who has agreed to these "Terms and Conditions";
  4. "USER'S Profile" is a separate part of the site containing USER information provided by the USER in the relevant registration forms provided by ArtWizard platform and stored by the SUPPLIER, access to the profile being made by entering a USER's name and password. The USER profile allows the USER to view and edit the data entered during the registration, the records in the address book, to have access to information about all his requests for purchase of art products from the e-commerce platform www.artwizard.eu, as well as to change his password, to subscribe, respectively to unsubscribe, to receive a newsletter, etc;
  5. "USER name" is the USER's selected unique code of letters and/or digits (his current e-mail address) through which he identifies himself at www.artwizard.eu;
  6. "Password" is the USER's defined set of characters, which together with the USER name identifies the USER within the Artwizard.eu platform and gives him the ability to make valid queries, as well as to purchase the art products and services offered on the www.artwizard.eu platform;
  7. "Newsletters" are regularly distributed posts on topics that may interest the subscriber that receives the posts;
  8. "Day" means a calendar day;
  9. "Packaging" means any device or material that is capable of performing the function of containing and storing different art products offered directly to the USER;
  10. "Purchase price" means the final price per piece or for a given quantity of art products or for a service including VAT when applicable, excluding any additional taxes or charges;
  11. "Accidental event" is an event of any kind that is unforeseen at the time of conclusion of the contract, a circumstance of extraordinary nature, which renders the implementation of the contract or any part of it objectively impossible;
  12. "Electronic referral" is a link denoted on a particular website that allows automated forwarding to another website, information resource or object through standardized protocols;
  13. "Information System / System" is any separate device or set of interconnected or similar devices which, in the execution of a particular program, provides for automatic data processing;
  14. "IP Address" is a unique identifier, associate computer, website, or USER resource in a way that allows it to be localized on the global Internet network;
  15. "Commercial communications" are advertising materials or other communications that represent directly or indirectly the art products, services or reputation of a person engaged in commercial or artisanal activity;
  16. "Malicious acts" are acts or omissions that violate the Internet ethics or cause harm to persons connected to the Internet or associated networks and perform any actions that may qualify as a crime or an administrative violation under the Bulgarian or EU law or otherwise applicable law.

SUBJECT MATTER OF THE CONTRACT

Art. 2 (1) Subject to the present part of these Terms and Conditions: (2) The SUPPLIER shall provide the USER with the option, against consideration and subject to compliance with these Terms and Conditions, to purchase art products and services from the digital art platform www.artwizard.eu.
(3) In order to perform the above mentioned activities, the SUPPLIER publishes on www.artwizard.eu:

  1. a description of the essential characteristics and image of each art object or a detailed description of a service;
  2. the purchase price of the respective art object or service, VAT inclusive;
  3. the value of the courier or shipping costs included in the cost of the purchased art products related to their delivery;
  4. information on the methods of payment, additional charges related to the chosen payment method, terms of delivery and performance of the contract;
  5. the rights of the USER as a consumer, together with the conditions and manner of exercising the rights of withdrawal from the contract and the conditions under which the art products can be returned to the SUPPLIER;
  6. fany other information that the SUPPLIER is obliged, under the relevant applicable EU or Bulgarian law, to provide promptly to the USER prior to the purchase of the art products or services.

Art. 3 The contract of the USER with the SUPPLIER is concluded upon a valid purchase request from the USER. Within the meaning of these Terms and Conditions, the purchase request/application received and confirmed by the SUPPLIER shall be considered valid.

Art. 4 In order to make valid requests to purchase the art products offered on the www. artwizard.eu, the USER must provide the required and accurate data. The USER ensures that the data he provides in the ordering process is true, complete and accurate.

Art. 5 With the act of registration to the online platform Artwizard.eu, the USER provides its consent to these Terms and Conditions, and it is considered to be bound by their provisions as from the time of its registration onwards.

PROCESSING OF THE ORDERS AND PURCHASE REQUESTS

Art. 6 The submission and execution of an order request is effected by the following actions:
(1) Determination and confirmation of the type and size of the art products by clicking on the virtual button "BUY NOW", followed by determination of the quantity of the art products and the method of payment and confirmation of the order by pressing the virtual button "Purchase item".
(2) After the order request has been made, the digital platform www.artwizard.eu notifies the USER that the order was completed on a window that displays immediately after the click of the virtual button "Purchase item".
(3) The information about payment terms and delivery options is provided to the USER on the screen immediately after the click of the button "Complete the order". The same information is automatically sent also to the e-mail address provided by the USER.
(4) In the case of an incomplete or missing registration data, incorrect or missing address and/or telephone number, as well as incorrect or missing payment data, the purchase request is considered invalid and the SUPPLIER does not have any obligation to execute it.

Art. 7 The purchase price displayed on the www.artwizard.eu platform is in EUROS, VAT inclusive, when applicable. The specified prices of the individual art products are for the specific goods and do not include delivery or payment costs. In all cases of the execution of valid orders for a certain number of art products and the payment of the price of the ordered art products, the number of which is specified by the contract between the representative of the digital platform and the USER who has submitted and made the specific purchase request, the costs of delivery of the art products remain at the expense of the USER.

Art. 8 The price for the purchased art products under the previous article, together with the cost of delivery and any additional costs related to additional transport or payment charges, shall be paid as described in the "Payment terms" section of the artwizard.eu platform, and the USER undertakes to pay the purchase price together with all of the above applicable costs.

Art. 9 The art products ordered for purchase shall be delivered in accordance with the type of packaging and transport to the delivery address indicated by the USER according to the "Delivery Terms" as specified in the artwizard.eu platform, or otherwise agreed between the SUPPLIER and the USER.

Art. 10 (1) The art products shall be transmitted to the delivery address of the USER, with the option for receipt by a representative of the USER that accepts and acknowledges receipt of the art products on behalf of the USER. Upon delivery of the art products, the USER or his/her representative shall sign the accompanying documents that shall serve as a proof of delivery.
(2) In the event that the USER is not found within the delivery period at the address specified by him/her, or if there is no access and conditions for the delivery of the art products within this period, the SUPPLIER shall be relieved of its obligation to deliver the requested product. In the above case, the SUPPLIER returns the art products to the platform and stores them for 24 hours, and the USER will be notified by phone or e-mail where it can obtain them. The USER can confirm its desire to receive the art products to another address, assuming all shipping costs. In the latter case, a new delivery period starts from the date of the confirmation of the new address.

RIGHTS AND OBLIGATIONS OF THE PARTIES

Art. 11. The SUPPLIER undertakes:

  1. to transfer to the USER the factual ownership over the purchased art products upon the payment of the purchase price and respective delivery or additional costs of the particular good;
  2. to deliver the purchased art products within the stated terms of delivery;

Art. 12. The SUPPLIER is entitled:

  1. to place electronic links to other websites and resources for the sale of art products and the provision of services by third parties, including electronic links pointing to other websites and profiles;
  2. to send to the USER the newsletters on receipt of which the USER has subscribed;
  3. to collect and process information about registered USERS, which may include name, surname, address, profession, gender, age group, telephone, e-mail address for correspondence and any other information provided at the registration, and any other information that is introduced or made available upon requesting, receiving or using the services.

Art. 13. (1) The SUPPLIER shall ensure that the information displayed on the platform is always true and updated.
(2) The SUPPLIER is not responsible for not providing access to the platform as well as for non-processing or inappropriate handling of purchase requests in circumstances beyond its control, including but not limited to cases of force majeure, incidental events, problems in the global Internet network.
(3) The SUPPLIER does not guarantee that the access to the platform will be uninterrupted, timely, secure and error-free insofar as it is beyond its capabilities, control and will.
(4) Insofar as it does not have the possibility to modify, control or otherwise influence the quality and fitness for use of the art products claimed by the USER, the SUPPLIER is not responsible for their compliance with the applicable regulatory requirements and their qualities.

Art. 14. (1) The USER undertakes:

  1. to provide a precise and valid telephone number, payment information, delivery address and e-mail address for correspondence;
  2. to pay the price of the art products he has requested / ordered;
  3. to pay the cost of delivery and any additional payment or other costs related to the purchase of the specific art products requested / ordered;
  4. to receive the art products;
  5. to take all care and to take the necessary measures that are reasonably practicable in order to protect his / her password;
  6. not to disclose her / his password to third parties and to notify the SUPPLIER immediately in the event of unauthorized access to his or her profile, as well as of the probability of unauthorized access; The USER bears full responsibility for the protection of his / her password, as well as for all actions performed by him / her or by a third person using it.

         (2) The USER bears full responsibility for the protection of his / her password, as well as for all actions performed by him / her or by a third person using it, and undertakes:

  1. in view of the specificity of Internet protocols and security of password protection, to terminate the session in which she / he entered her / his profile by pressing the virtual exit button;
  2. not to file fake or invalid queries or other false information.

Art. 15. (1)The USER is entitled to:

  1. an online access to the www.artwizard.eu platform, subject to the terms and conditions of access, except in circumstances beyond the SUPPLIER's control including but not limited to cases of force majeure, incidental events, problems in the global Internet network;
  2. an online access and correction and deletion of its personal data;
  3. to terminate the distance contract or off-premises contract, without giving any reason, without due compensation or penalty;
  4. to return the purchased art products within 14 (fourteen) working days as from the date of the receipt of the art products. The art products must be in their original box, without any traces of use or damage, in accordance with the provisions of Article 55 of the Consumer Protection Act (CPA). Courier / transportation / costs of returning the purchased art products back to the merchant are at the expense of the USER.
  5. to receive from the SUPPLIER, as required, a refund on all amounts paid in advance in full within the minimum of 14 (fourteen) days as from the date on which is has exercised its right of withdrawal for the specific purchase. In this case the SUPPLIER notifies the USER of the date the art products have reached the SUPPLIER's premises and the 14 (fourteen) days term is counted as from that day.
  6. In order to exercise its right of withdrawal, the USER should notify the SUPPLIER of its name, geographical address and, if any, telephone number, fax number and e-mail address and of its decision to withdraw from the contract with an unambiguous application on the following contacts:

ArtWizard Ltd. office, via phone number at: +359898400120, or via e-mail at: customercare@artwizard.eu or on-site in the platform of the specified addresses in the Contacts section. The USER can use a standard withdrawal form.

        (2) The USER shall:

  1. comply with the terms and conditions for claim submissions posted on the website of the e-commerce platform www.artwizard.eu and declare that it is considered bound by these terms and conditions;
  2. comply with the Bulgarian and European legislation, the present Terms and Conditions, the Internet ethics, the rules of morality and good manners;
  3. not infringe any other non-pecuniary or pecuniary rights, including intellectual property rights;
  4. notify the SUPPLIER immediately of any case of infringement committed or established in the use of the platform;
  5. not interfere with the proper operation of the system, including but not limited to not hindering another USER's authentication process, not accessing outside of its system, preventing other USERs from using the platform;
  6. not retrieve by technical means or in a technical way information resources or parts of information resources belonging to the databases located in the platform and thus not to create its own database in electronic or other form;
  7. not represent himself or herself as a representative of a legal person or group of persons who is not authorized to represent or otherwise mislead third persons as to their identity or belonging to a particular group of persons;
  8. not to commit malicious acts within the meaning of these General Terms and Conditions.

CONTRACT TERMINATION AND INDEMNIFICATIONS

Art. 16. In the event of non-compliance with the obligations, the SUPPLIER shall be entitled to compensation for all damage and lost profits which are a direct and immediate consequence of the UER's failure to fulfill the obligations under the preceding paragraph. In such cases, the SUPPLIER shall be entitled to refer the matter to the competent state authorities to establish the breach.

Art. 17. Registration is terminated and the USER's account is deleted in any of the following circumstances: (i) suspension of the activity by the SUPPLIER; (ii) suspension of the maintenance of the platform; (iii) upon one-week notice sent to the other party in case of non-performance of its obligations under the contract or in other cases provided for by the applicable legislation.

Art. 18. The USER is obliged to indemnify the SUPPLIER and all third parties for all damage and lost profits, including any costs and fees paid, receivables from third parties in case of non-fulfillment of the obligations of the USER under this Contract, violation of Bulgarian law, applicable foreign laws, present Terms and Conditions, good morals and / or Internet ethics. The USER is also obliged to compensate the SUPPLIER for all damage caused by third parties to whom he / she has provided her / his password, using the same.

Art. 19. The parties declare that in the event that any parts of these Terms and Conditions are invalid, this will not invalidate these Terms and Conditions and the individual invalid clauses will be deemed to be superseded by the mandatory provisions of law.

Art. 20. All disputes between the parties are resolved in a spirit of understanding and goodwill. In the event that consent is not reached, any unresolved disputes arising out of or relating to the agreement between the parties, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes over gaps in the contract or its adaptation to new circumstances, will be settled by the court in the city of Sofia.

Art. 21. The written form is deemed to be met by sending an e-mail, pressing an electronic button on a content page that is filled in by the USER or a field mark on the SUPPLIER's website and the like, as long as the statement is written technically in a way that allows be reproduced.

PROCESSING OF PERSONAL DATA

Art. 22. (1) The SUPPLIER is registered as administrator of personal data as per the legal applicable requirements. The processing of personal data applies to personal information collected by the SUPPLIER in connection with the fulfillment of the obligations established in the Terms and Conditions.
(2) The Personal data is information or pieces of information that could allow the USER to be identified. This typically includes information such as name, address, e-mail address, and telephone number, but can also include other information such as IP address.
(3) Thе personal data processing does not apply to the information practices of third party companies (including, without limitation, their websites, platforms and/or applications) which the SUPPLIER does not own or control; or individuals that the SUPPLIER does not manage or employ. These third-party sites may have their own privacy policies and terms and conditions.
(4) The SUPPLIER shall be entitled to use the personal data of the Clients during the validity of the Terms and Conditions exclusively with the purpose of performing the obligations undertaken through the Terms and Conditions. The SUPPLIER undertakes to comply with and defend through proper protective technical and organizational measures all the rights of the Clients related to the protection and safety of personal data received from ArtWizard and is obliged to be liable, without involving ArtWizard, for any sanction or dispute and the consequences thereof, that might occur as result of the non-compliance by the SUPPLIER (including its employees and collaborators) of any legal obligations related to the personal data of the Clients, being entirely liable for any damage or costs directly resulting there from.
(5) The SUPPLIER undertakes to apply the proper technical and organizational measures for the protection of personal data as well as against any forms of illegal processing thereof, according to the legal applicable requirements.
(6) The SUPPLIER undertakes to take all the necessary measures provided in the Regulations in order to perform any processing according to the Terms and Conditions, as well as to ensure the safety of the personal data processed according to the Terms and Conditions, against any accidental or illegal destruction or against the loss or damage, accidental alteration, disclosure or unauthorized access and against any other form of unauthorized processing.
(7). Without the express and prior consent sent in writing by ArtWizard the SUPPLIER shall not be able to use the personal data made available by ArtWizard for any other purposes than for the fulfillment of the obligations established in the Terms and Conditions and, at the cessation of the contractual relationships based upon the Terms and Conditions, the processing and keeping of such data will also cease, except if otherwise provided by the law.
(8) Тhe USER shall be entitled:

  • "to request a copy of his/her personal data which the Supplier holds in its records.
  • "to request the Supplier to amend, update or delete his/her personal data;
  • "to report any misuse of his/her personal data

In order to exercise the rights above, the USER should notify the SUPPLIER via phone number at: +359898400120 or via e-mail at: customercare@artwizard.eu

NOTIFICATIONS

Art. 23. (1) The notifications the USER sends to the SUPPLIER shall preferably be sent through our contact form.
(2) It is assumed that the notifications have been received and processed as soon as they have been posted on the website, 2 (two) hours after they were sent by e-mail or 3 (three) days after the date stamp on each letter. In order to prove that a notification has been sent, it is sufficient to provide evidence that the letter was properly addressed, that the proper postmark(s) was affixed and duly forwarded to the post office or mailbox (in the case of a letter); or that the message was sent to the e-mail address specified by the recipient (in the case of e-mail).

TRANSFER OF RIGHTS AND OBLIGATIONS

Art. 24. The contract is binding on both parties, as well as on SUPPLIER's successors, acquirers and heirs.
The USER may not transfer, surrender, enforce or otherwise transfer the Contract or any rights or obligations arising therefrom without prior written consent of the SUPPLIER.

The SUPPLIER may surrender, subrogate, impose, subcontract or otherwise transfer the Contract or rights or obligations arising therefrom at any time during the term of the Contract. For avoidance of any doubt, the aforementioned transmissions, concessions, assignments or other transfers will not affect the rights that the USER has by law as a consumer under the applicable regulations, nor will they revoke, reduce or otherwise limit the explicit and implied warranties the SUPPLIER may have provided.

EVENTS OUTSIDE SUPPLIER'S CONTROL

Art. 25. (1) The SUPPLIER will not be liable for any failure or delay in performing any of the contractual obligations when it is caused by events beyond the SUPPLIER's reasonable control (Force Majeure Circumstances).
Force majeure includes any action, event, non-exercise, omission or accident beyond the SUPPLIER's reasonable control, including but not limited to:

  • Strike, lockout or other forms of protest.
  • Civil unrest, rebellion, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or other natural disasters.
  • Failure to use trains, ships, aircraft, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, laws, regulations or restrictions of any government or public body.
  • Strike, accident or incident in sea or inland waterway transport, postal transport or any other mode of transport.

(2) It is assumed that the SUPPLIER's contractual obligations are interrupted during the period of existence of force majeure, and the period for fulfilling these obligations is extended for as long as the force majeure has continued. The SUPPLIER will make every reasonable effort to put an end to force majeure or to find a solution that will allow it to fulfill the contractual obligations, regardless of the existence of force majeure.

DISCLAIMER

Art. 26. The lack of a requirement on the SUPPLIER's part the USER to strictly abide to any of the obligations assumed by the USER under the Contract or these Terms and Conditions or the lack of exercise on the SUPPLIER's part of the rights or actions provided by this Contract or Terms and Conditions will not constitute a waiver or limitation of those rights or actions, nor shall it exempt the USER from the performance of the above obligations.

The SUPPLIER's refusal of a particular right or action will not constitute a waiver of any other rights or actions deriving out of the Contract or from the Terms.

The SUPPLIER's waiver of any of these Terms and Conditions or any rights or actions deriving from the Contract will not give rise to legal effects unless it is expressly determined that this is a waiver of rights granted to the USER in a legal form and the USER is informed under the provisions of the Notifications section above.

PARTIAL CANCELLATION

Art. 27. Should any of these Terms and Condition or Clauses of the Contract are void and void by a definite decision of a Competent Authority, the other terms and conditions will remain in effect without being affected by that statement of revocation.

OVERALL AGREEMENT

Art. 28. These Terms and Conditions and any document referred to therein constitute the entire agreement between the parties as to their purpose by replacing any prior concord, agreement or promise made between the parties in oral or written form.

Both parties acknowledge that they have agreed to conclude the Contract without being bound by any statement or promise made by the other party or implied by any statement or document.

THE RIGHT TO CHANGE THE TERMS of USE

Art. 29. (1) The SUPPLIER shall be entitled to review and change these Terms and Conditions from time to time.
(2) The USER is bound by the policies and conditions in effect at the time the USER use this website or place an order unless, by law or decision of a governmental authority, it is necessary to make retroactive changes to the policies, Terms and Conditions confidentiality, in which case any changes will affect orders previously made by the USER.

APPLICABLE LEGISLATION AND JURISDICTION

Art. 30. (1) The use of the SUPPLIER's website and product purchase contracts through the specified website shall be governed by the Bulgarian law.
(2) Any dispute arising out of or relating to the use of the website or the above-mentioned contracts will be subject to the non-exclusive jurisdiction of the courts in Bulgaria.
(3) Should the USER enters into the Contract as a Consumer, nothing in this clause will affect his rights recognized by the applicable laws in this area.

OUT OF COURT SETTLEMENT OF DISPUTES

Art. 31. (1) In case the USER, as a purchaser, believes that the USER's rights have been violated, the USER may address his complaints at "office@artwizard.eu" under the out-of-court settlement procedure.
(2) In this regard, if the purchase between the USER and the SUPPLIER is made online through the SUPPLIER's website, we hereby notify the USER that, in accordance with EU Regulation 524/2013, the USER shall be entitled to seek out-of-court settlement of the USER's dispute with us via the online solution platform of disputes at http://ec.europa.eu/consumers/org/.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Art. 32. (1) The SUPPLIER has the exclusive right to authorise or prohibit any reproduction (whether direct or indirect, temporary or permanent or by any other mean or in any form, in whole or in part) of the www.artwizard.eu and its content.
(2) As far as the use of the www.artwizard.eu is concerned, the USER is only authorised to display the website and its content.
(3) The USER is also authorised to carry out all the other temporary acts of reproduction which are transient or incidental and an integral and essential part of displaying the www.artwizard.eu and its content and which have no independent economic significance. The USER is also authorised to browse the website for the lawful use of the platform www.artwizard.eu and its content.
(4) The USER is not authorised to reproduce by any means or in any form, in whole and in part, the platform www.artwizard.eu and its content. Any reproduction must be authorised from time to time by the SUPPLIER or, if necessary, by the authors of the works displayed on the website. Such reproductions shall be carried out for lawful purposes and in compliance with the copyright and the other intellectual property rights of the SUPPLIER and of the authors of the works posted on the website.
(5) The authors of the works posted on the platform www.artwizard.eu are at any time entitled to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may damage the honor and reputation of the authors.
(6) The USER undertakes to comply with the copyright of the authors who chose to publish their work on the platform www.artwizard.eu or have cooperated with www.artwizard.eu in the creation of new expressive and artistic works which are intended for publication on the platform or which are an integral part thereof.
(7) In any event, the USER is not authorised to use, in any manner or form whatsoever, the content of the website or any single work protected by the copyright or any other intellectual property right. By way of example, the USER must not alter or modify the web content or any work protected by the copyright and any other intellectual property right without the SUPPLIER's consent and without the consent, where necessary, of each author of the works posted on the www.artwizard.eu.

 

PART TWO

ArtWizard PLATFORM SELLER'S (GALLERIES, ARTISTS AND COLLECTORS) TERMS AND CONDITIONS

GENERAL PROVISIONS

Art. 33. In order to be able to sell the art products on the www.artwizard.eu platform, the SELLER shall accept these Terms and Conditions.

Art. 34. (1) The present Terms and Conditions (including the appendixes thereto) regulate the contractual relationships between ArtWizard and the SELLER as to the intermediary and agency services that ArtWizard provides to the SELLER in exchange for the Fee by offering to the SELLER the possibility of selling the Products to the Clients through the ArtWizard Platform, by presenting the Products on the ArtWizard Platform, the collection of the amounts for the Products and transfer thereof to the SELLER as well as by providing the Clients with access to the Products according to the Terms and Conditions.
(2) The present Terms and Conditions as well as the User's Terms and Conditions and the Return Policy thereto are an integral part of the ArtWizard General Terms and Conditions. Any reference to the Terms and Conditions will include these Terms and Conditions, and any other Annex or Appendix accepted by the SELLER in connection with its respective activity on ArtWizard Platform.

DEFINITIONS AND TERMS

  1. "ArtWizard" is ArtWizard OOD, a Bulgarian legal entity, having its seat in the city of Sofia, and registered address at 2 Malyovitsa Street, 1000 Sofia, entered in the Commercial Register under company number 204884705.
  2. "SELLER" is a natural person, a legal entity or another legal formation that presents its Products on ArtWizard Platform in order to sell them to the Clients.
  3. "ArtWizard Platform" is a software application for electronic trade (on-line) through which ArtWizard offers to the SELLERS the possibility of presenting their Products in order to trade them and through which it ensures the access of the Clients to a series of products and/or services of its own or of other traders and that includes the platform www.artwizard.eu, respectively its mobile extension and/or application.
  4. "Client" is the USER of the ArtWizard Platform that has placed an Order for the purchase of Products presented and traded by the SELLER through the ArtWizard Platform.
  5. "Completed Orders" are the Orders for which the SELLER has issued a fiscal document to the Client.
  6. "Diversion of Orders and/or Clients" - any action/inaction of the SELLER through which it determines/attempts to determine the Client to complete the Order and to purchase the Product(s), now or in the future, through another method than the ArtWizard Platform, if this method has not been the one initially accessed by the Client.
  7. "Eligible Order" is the completed Order for which the following cumulative conditions happened: there is a payment from a Client, the payment made by the Client is at the amount specified as price on the ArtWizard Platform, the payment made by the Client was not refunded or a refund request was not received.
  8. "Fee" is the amount due by the SELLER to ArtWizard as price for the intermediary and/or agency services made available to the SELLER by the ArtWizard platform, according to the ArtWizard's Price List.
  9. "Order" is the purchase request of Products sent/placed by the Client through one of the ways for collecting the Clients' requests made available by ArtWizard.
  10. "Payment date" is the date at which ArtWizard will transfer into the SELLER's bank account the amounts provided in the Payments Detailed Report for the Reference Period and issued according to the provisions of the Terms and Conditions.
  11. "Price" means the purchase price which is displayed in EUROS, VAT inclusive, when applicable. The specified prices of the individual art products are for the respective number and do not include delivery costs. In the case of execution of valid orders, the costs of delivery or payment of the art products shall remain at the expense of the Client.
  12. "Reference Period" is the time frame considered at selecting the eligible Orders for the payment and collection of the Fee as established in the ArtWizard's Price List.
  13. "Products" are the products and services offered and traded by the SELLER through the ArtWizard Platform.
  14. "Payments Detailed Report" means the detailed report issued by ArtWizard providing all Orders completed during the Reference Period, the related Fee and the value of ArtWizard vouchers used and based upon which the payment of the Fee is to be done.
  15. "Regulations" means any law, decision, resolution, ordinance, code, decree, rule, regulation or request of, applied, adopted, promulgated, implemented or otherwise adopted by or under the authority of any governmental body or by any other regulatory body in the country in which the Products are to be traded.
  16. "Terms and Conditions" are the Terms and Conditions, as well as the appendixes and any addenda regulating the contractual relations between ArtWizard and the SELLER regarding the agency services that ArtWizard provides for the SELLER, in exchange for the Fee, by offering to the Clients the access to SELLER's Products, by presenting its Products on the ArtWizard Platform, by collecting the amounts for the Products and their transfer to the SELLER and offering to the SELLER the possibility to sell the Products through the ArtWizard Platform to all Clients, according to the Terms and Conditions.
  17. "Turnover" are all the amounts resulting from the completed Orders, VAT exclusive,when applicable or other charges imposed through the Regulations and any other amounts that must be collected according to the Regulations by the SELLER, in any form, in exchange for the Products sold through ArtWizard Platform, as this turnover has been certified in Payments Detailed Report.
  18. "Working Hours" - SELLER's time frame posted on ArtWizard Platform as being its working hours.

STATEMENTS AND REPRESENTATIONS

Art. 35.(1) The SELLER states and represents that: (a) it is legally set up and performs its activity according to the regulations; (b) has the legal capacity and holds all the authorizations required by the applicable law for trading the Products on ArtWizard Platform, (c) has obtained all the legal and statutory approvals applicable for accepting the Terms and Conditions; (d) has the full capacity and authority to exercise all the rights and to comply with all the obligations according to the Terms and Conditions.
(2) The SELLER guarantees the trading and delivery of the Products according to all applicable Regulations including the provisions referring to consumer protection, electronic trade as well as the ones applicable to distance contracts.
(3) ArtWizard states that it is the owner of the ArtWizard Platform and, after the acceptance by the SELLER of the Terms and Conditions, it will make available to the SELLER the space on this platform for the presentation and trade of its Products.
(4) The SELLER accepts that ArtWizard or other SELLERS that have entered or will enter into contractual relationships with ArtWizard for the presentation and trade of their products
through the ArtWizard Platform can offer for sale and trade through the ArtWizard Platform any similar products to the SELLER's Products or products of other nature.
(5) ArtWizard accepts that the SELLER can offer its Products for sale and trade through any other agents or can trade them in its own name, the SELLER being free to choose any method it wishes for the trade of its products, the acceptance of the Terms and Conditions not imposing any restrictions in this respect.
(6) The SELLER states that neither of its shareholders / stakeholders / directors / managing employees is an employee of ArtWizard.

Art. 36. For the purposes of any contract with any Client established via the ArtWizard platform for the sale of the Products pursuant to this Terms and Conditions:

  1. the SELLER shall always be a direct party (SELLER) to such contract of sale and shall be the trader of record for any regulatory purposes, including in respect of Regulations pertaining to consumer protection;
  2. ArtWizard shall not be a party to such contract of sale with the Client in respect of the sale of the Products but will act as a direct commercial agent (representative) in the name and for the account of the respective SELLER.
  3. the terms (including the sales price) of such contract of sale shall be notified to the potential Clients by the SELLER via the ArtWizard platform, upon prior approval by ArtWizard representative of the content and formats of such terms.
  4. the SELLER shall be responsible for the announcement of the terms of sale (purchase price, payment and delivery methods and costs) and product characteristics available in the ArtWizard platform, and the performance of the contract of sale with the Client via the ArtWizard platform.

REGISTRATION CONDITIONS

Art. 37. Any natural person or legal entity wishing to present its Products on the ArtWizard Platform for the sale thereof to the Clients and that completes the registration procedure on the ArtWizard Platform can become a SELLER.

Art. 38. In order to register, the natural person / legal entity must create an account / request ArtWizard to create an account in its name on the ArtWizard Platform, must fill in the information and load the documents requested during the registration procedure, as well as must accept the Terms and Conditions. The registration procedure will be completed after the acceptance of the Terms and Conditions.

Art. 39. The SELLER guarantees that the information and documents made available to ArtWizard during the registration process are actual, correct and complete.

PURCHASE PRICE. MANNER OF PAYMENT

Art. 40. For the services provided by ArtWizard the SELLER shall due a Fee according to the list of Fees included in the ArtWizard's Price List.

Art. 41. The Fee for the Products that are subject of Completed Order and that further are returned by the Client according to the legal provisions applicable at the conclusion of the distance contracts and/or cancelled / refused by the Client due to reasons not devolving upon the SELLER and that lead to the refund by the SELLER to the Client of Product's value shall not be due by the SELLER. The situation of such Orders will be sent by the SELLER to ArtWizard through the ArtWizard Platform. Should the Fee for the Completed Orders subject matter of this article is already invoiced by ArtWizard, it will be deducted from the invoice issued for the immediately subsequent Reference Period. The requests to change / refund the Fee that might result from the application of the provisions of this article will not be accepted after expiration of a term longer than 30 (thirty) days as from the date the Payments Detailed Report has been issued.

Art. 42. At the end of the Reference Period, ArtWizard will issue a Payments Detailed Report and the invoice for the amount to be paid, which are to be sent to the SELLER by mail, courier or e-mail or any other means agreed by the Parties.

Art. 43. Should the SELLER objects against the content of the Payments Detailed Report and/or the related invoice, it will be able to sent such objections within three (3) calendar days as from the date of sending the Payments Detailed Report and the related invoice.

Art. 44. ArtWizard will be able to collect the price of the Product on behalf of the SELLER for any Product ordered by the Client. Therefore, the SELLER authorizes ArtWizard to collect the price of the Products purchased by the Clients through the ArtWizard Platform.

Art. 45. (1) After the expiry of the Reference Period, ArtWizard will transfer into SELLER's account all the amounts collected for the Eligible Orders during the Reference Period on behalf of the SELLER from the Clients.
(2) In case of any mutual payment obligations between
ArtWizard and the SELLER, the SELLER states that it agrees the invoices issued by the two companies to be automatically
compensated, up to the amount of the lowest debt, through
set-off, according to the Regulations and the surplus in case of higher amounts due to ArtWizard will be withheld from the price of the Products collected by ArtWizard on behalf of the SELLER.

TRADE OF PRODUCTS ON ArtWizard PLATFORM

Art. 46. In order to be able to present the Products on the ArtWizard Platform for their trade to the Clients, the SELLER undertakes:

  1. To trade through the ArtWizard Platform only the Products that comply with the applicable Regulations, at the prices uploaded and posted on the ArtWizard Platform by the SELLER at the date of placing the Order;
  2. To offer valid information and updated in real time as to the availability of the stock of Products, delivery terms, related charges, other services and the cost thereof;
  3. To communicate to ArtWizard all the features and information related to the Products and the ones imposed by the effective Regulations that are to be posted on the ArtWizard Platform and to constantly update them;
  4. To communicate updated information on the adding or removal of Products from the offer of Products presented on the ArtWizard Platform, mentioning
the category thereof, ensuring the validity / update of
the information on Products and the compliance with the minimum listing terms provided by ArtWizard and with the applicable Regulations;
  5. To provide photos of the Products by complying with the guidelines and recommendations of ArtWizard both as to the specifications of the photos and to the possible technical solutions that might be used for ensuring a high level of documentation and to send such photos to ArtWizard in order to be posted on ArtWizard Platform;
  6. To use the ArtWizard Platform as a method of communication in order to exchange information on the Orders and Products;
  7. To ensure the proper and complete information of the Clients regarding the Products and the Orders and to answer to ArtWizard requests (including to the requests of the Clients sent through ArtWizard) or to the direct requests of the Clients for each Order;
  8. To be liable both in front of the Clients and of third parties (if applicable) as to the quality and compliance of the Products, including as to the warranty and authenticity obligation for the delivered Products;
  9. To issue the relevant fiscal documents for all Orders to ArtWizard and to communicate them to the Clients jointly with any other document imposed through the Regulations to accompany the Products subject of the Orders and to provide the delivery the Products related to all completed Orders;
  10. To hold, directly or indirectly, all intellectual property rights related to the Products (including over the documents and/or information and/or photographs/images provided to ArtWizard referring to the Products), necessary for trading the Products on the ArtWizard Platform, guaranteeing that no right of any third party and/or no authorization and/or legal or contractual provision is breached through the posting/presentation of the photos and/or materials related to the Products on the ArtWizard Platform;
  11. Not to resort to the Diversion of Orders and/or Clients;
  12. To be liable for the quality of the information presented and posted for each Product in case of any non-compliances between the physical Product and the information presented and posted, the SELLER being the only one liable for the concerned differences, being entirely liable for covering any damage caused to the Client, third parties and ArtWizard;
  13. To make available to ArtWizard for approval the pricing terms and conditions for trading the Products for the Clients prior to the date the first Order is placed, in order to be posted on the ArtWizard Platform;
  14. To bear all the legal consequences resulting from the non-compliance with the contractual obligations resulting into sanctions for ArtWizard;

Art. 47. In order to offer to the SELLER the possibility of presenting its Products on the ArtWizard Platform in order to be sold to the Clients, ArtWizard undertakes:

Within the limit of its technical abilities, to present the Products and/or to allow the SELLER to access the ArtWizard Platform in order to present the Products and to allow performance of the necessary operations in order to complete the Orders placed by the Clients;

  1. To take over the Orders from the Clients and to communicate them to the SELLER through the ArtWizard Platform;
  2. To provide the ArtWizard Platform as a method of communication in order to exchange information on the Orders and Products;
  3. To provide the ArtWizard Platform as a method of payment for the Products purchased through the ArtWizard platform.

Art. 48. The parties will agree, from time to time, the criteria for verifying their collaboration and will take all the measures in order to permanently improve their partnership regarding the performance of the exhibitions and trade on the ArtWizard for the constant improving of the experience of the Clients.

PRESENTATION OF PRODUCTS ON ArtWizard PLATFORM

Art. 49. (1) In order to present the Products on the ArtWizard Platform the SELLER has the obligation to make available to ArtWizard, free of charge, in the form and with the updating frequency requested by ArtWizard, the following information that must be complete, correct and updated:

  1. identification and contact data of the SELLER;
  2. the description of the Product according to the applicable Regulations and to the commercial practices, including the details considered by the Parties as useful and necessary for a complete, correct and relevant presentation of the Product;
  3. any special warnings regarding the risks on Products and applicable Regulations;
  4. the pricing terms and conditions for trading the Products as well as any other conditions considered by the Parties as being useful and necessary such as the settlement of the claims according to the applicable Regulations, including to the legal regulations regarding the conclusion of remote contracts and electronic trade and/or commercial practice;
  5. the price (with the breakdown, if necessary, of all costs and charges) and the validity term of the offer and/or price as well as the terms and manners of delivery and execution of each Product or service;
  6. the information regarding the services that accompany the Products, the validity terms and/or warranty terms for the Products, service and guarantee conditions, as the case may be;
  7. the information on the availability of the Product;
  8. the conditions for obtaining discounts, prizes and gifts;
  9. the information on promotional campaigns;
  10. any other conditions or information imposed by the legal effective Regulations or otherwise agreed by the parties.

(2) The SELLER will provide to ArtWizard, for the publishing on ArtWizard Platform, the technical characteristics and specifications of the Products; ArtWizard shall be entitled to refuse
to present the products if they do not comply with the ArtWizard Platform' profile or if they do not comply with the technical form/specifications thereof. The presentation of the Product on the ArtWizard Platform will not represent warrant or liability of ArtWizard for those Products.
(3) The SELLER will provide all the pieces of information to ArtWizard, for each Product, so that the Product is completely documented and complying with the legal standards and Regulations, by providing:

  1. a colored representative picture of the Product, of a minimum resolution of 2000x1800 pixels with the zooming available on the product, in natural, undamaged colors;
  2. a description pointing out Product's characteristics and differentiating it from other similar products of the same category;
  3. the price expressed in the national currency, including all the charges, even if provided separately;
  4. any other mandatory information according to the legal
Regulations or otherwise agreed between the parties.

Art. 50. (1) As on the ArtWizard Platform products similar to SELLER's Products could be traded, either through an own commercial offer of ArtWizard or through other SELLERS, in order to prevent the occurrence of the same product for several times and to diminish Client's experience, the SELLER will use the products association function in order to remove the possibility of multiple listing of the same product.
(2) Should at the moment of uploading the Products the SELLER does not associate its Products with similar products existing on the ArtWizard Platform and does not remedy this situation within three (3) days as from the notification sent by ArtWizard in this respect, ArtWizard shall be entitled to remove from the ArtWizard Platform the Products that do not comply with the association conditions, without being liable for the damage or for the loss of provisioned revenues, until the situation is remedied.

TAKE-OVER, PROCESSING AND DELIVERY OF THE ORDERS

Art. 51. ArtWizard Platform takes over Client's Orders through any of Clients' demands collection channels that ArtWizard Platform makes available to them, at any moment, and sends them to the SELLER through the ArtWizard Platform.

Art. 52. ArtWizard can decide at any moment due to security reasons, according to the obligations imposed through the applicable Regulations or according to an act of the authority, to impose certain limits to the number of transactions (Orders) or to the total amount of the transactions (Orders of a given period). ArtWizard cannot be liable towards the Clients and/or the SELLER for non-completion of the Orders that do not frame within such limits.

Art. 53. (1) The SELLER will answer to each Order of the Client sent by ArtWizard Platform and will update the statuses through the ArtWizard Platform, consecutively, as follows:

  1. a immediately after sending the Order by ArtWizard Platform, the SELLER will confirm the receipt of the Order and will book the ordered products. Status: Order taken over.
  2. Should the stocks are not enough to fulfill the Order sent or if the Client cancels the Order, the SELLER will cancel the Order and will send in real time an answer with the Order status: Order Cancelled, mentioning the Products that are out of stock or, as the case may be, t he reason for cancelation of the Order.
  3. The SELLER will perform the logistic operations necessary for preparing the ordered Products (picking up). Status: Order ready.
  4. The SELLER will issue the fiscal documents and ensure that all Products included in the Order are delivered within the established term.
  5. The SELLER will deliver the Orders to the Clients directly or by courier. Status: Order completed.

Art. 54. The Client may return the product due to different reasons. Status: Returned order. In the latter case:

  1. The SELLER has 14 (fourteen) days to change status of the order from Order completed to Returned order, and any subsequent requests will not be considered.
  2. All changes made to the Order by the SELLER will be made only with the Client's consent and with ArtWizard's immediate notification. Should the changes to the Order be made outside ArtWizard Platform, the SELLER undertakes to immediately send to ArtWizard all the changes made.
  3. ArtWizard shall be entitled, but not obliged, to verify the accuracy of the statuses and the changes made by the SELLER, including, without limitation to the verification by among the Clients. The SELLER is the only one that can be liable towards the Clients, third parties and ArtWizard for the damage caused in case of changes made to the Order without Client's consent or the immediate notification of ArtWizard.
  4. The SELLER undertakes to issue the fiscal documents by complying with the Order price posted on the ArtWizard Platform as at the date the Order is placed. In case of price differences due to the SELLER's error, the latter undertakes to bear the expenses resulting from such an error.

Art. 55. The price of the Products displayed by the SELLER on the ArtWizard Platform must include all legal charges so that the Clients be correctly and completely informed on the cost of the Products, also mentioning the VAT amount, when applicable and, as the case may be, the green tax and other taxes related to the product, ArtWizard not being held liable for the setting, collection or payment of any charge or tax related to SELLER's Products traded through the ArtWizard Platform.

Art. 56. (1) The Client can pay for the Orders in the manners provided below:

  1. by credit card or online/virtual POS banking payment,
  2. by bank transfer (PO) into the account of the SELLER as provided by the SELLER and communicated to ArtWizard in this respect, as well as by any other manner made available on the ArtWizard Platform.

(2) In case of payments made by the Clients online the SELLER expressly authorizes ArtWizard to accept and process the payment by online cards on the ArtWizard Platform, in the name and on behalf of the SELLER.
(3) ArtWizard will investigate the accuracy of the information offered by the Clients and will bear the risk of fraud with bank cards by the Clients only within the limits and under the terms imposed through the Regulations.
(4) ArtWizard will not be liable for checking the capacity and legality of the purchases made by the Clients.
(5) The payment made online by the Clients for the Products ordered through the ArtWizard Platform will be made into ArtWizard account and ArtWizard will collect the price of the orders on behalf of the SELLER. ArtWizard will transfer to the SELLER the amounts for the payment of the Products purchased by online cards during the Reference Period withholding the Fee for such Products.
(6) ArtWizard will be able to make available to the interested financial and banking institutions and to the investigation bodies the information necessary for the identification of the SELLER and of the alleged fraudulent transactions or confirmed as being fraudulent made on ArtWizard Platform for SELLER’s Products.
(7) Until the completion by ArtWizard of the technical developments allowing it to collect the payments made in cash by the courier, in case of payments made in cash on delivery/postal money transfer of the parcels to the Clients, the collection of Products’ value shall be done by the courier and will be transferred to the SELLER.
(8) Starting with the date ArtWizard informs the SELLER on the possibility of collecting the payments made in cash to the courier, the payments made in cash on delivery/postal money transfer of the parcels to the Clients will be transferred by the courier to ArtWizard. The SELLER expressly authorizes ArtWizard to collect the value of the Products from the courier in the name and on behalf of the SELLER. Therefore, the SELLER will inform the courier that delivers the Products and will insert into its agreement with the courier the fact that the collections of the payments made in cash will be performed by ArtWizard.

Art. 57. (1) ArtWizard will transfer to the SELLER the amounts related to the payment of the Products purchased in cash during the reference Period withholding the Fee related to the Products.
(2) ArtWizard can decide to offer a discount to the Fee established in the Terms and Conditions, based on an algorithm that is to be previously communicated to the SELLER, at the contact information in SELLER’s account.
(3) The availability of the products for delivery is SELLER’s exclusive responsibility. The SELLER undertakes to ensure the delivery to the Clients of the Products ordered, according to the Client’s requests, at the address provided by the Client, by means of an approved courier that can ensure the full compliance with the ArtWizard network system.
(4) The SELLER undertakes to comply with the delivery terms provided in the ArtWizard Platform as well as with the delivery location provided in Client’s Order. Any change of the delivery terms must be communicated by and agreed with ArtWizard through any written means.
(5) Any claim from the Clients and third parties as to the rendering of the Orders must be solved by the SELLER within maximum 48 hours as of the date ArtWizard has communicated it to the SELLER.
(6) The SELLER will ensure the proper filling in, for each Order, of all transportation documents provided in the ArtWizard Platform and will attach them to the Products ordered.

CANCELLATION OF ORDERS, RIGHT OF WITHDRAWAL AND RETURN OF THE PRODUCTS

Art. 58. (1) Orders can be cancelled:

  1. at the request of the Client expressed prior to the dispatch/delivery, in which case the SELLER will immediately update the status of the Order on the ArtWizard Platform;
  2. if all ordered products are out of stock; in this case the SELLER undertakes to cancel the Order through the ArtWizard Platform by mentioning the Products that are out of stock within maximum one hour as of the receipt of the Order;
  3. In such case, the SELLER undertakes to immediately update on the ArtWizard Platform the stock sent to ArtWizard for that Product/Products; if an Order contains several Products and only some of them are out of stock, the SELLER undertakes to update the Order according to the available Products.

(2) The Orders cancelled at Clients' requests are not imputable to ArtWizard or the SELLER.
(3) The Client can exercise its right to withdraw from the distance contract according to the effective Regulations.
(4) The SELLER will immediately inform ArtWizard at the receipt from the Client of any Product returned according to
the Regulations, otherwise ArtWizard shall be entitled to withhold the related Fee.
(5) Until the completion by ArtWizard of the technical developments allowing it to refund to the Clients the amounts related to the returned Products based upon their exercise of the right to withdraw from the remote contract, according to the effective Regulations and the Return Policy of ArtWizard, if the Client does exercise its right to withdraw from the remote contract and the SELLER does not refund to the Client the amounts related to the returned Products within the refund time period established by the applicable Regulations, ArtWizard shall be entitled to refund such amounts to the Client, following to redeem them from the SELLER by withholding such amounts from the amounts collected by ArtWizard in the name and on behalf of the SELLER. Should such amounts are to be withheld, ArtWizard will inform the SELLER on the amount to be withheld.
(6) Starting from the date ArtWizard informs the SELLER on the possibility of refund to the Clients the amounts related to the returned Products based upon their exercise of the right to withdraw from the remote contract, ArtWizard will refund to the Client the amounts related to the returned Products, within the refund time period established by the applicable Regulations and the Return Policy of ArtWizard, such amounts following to be withheld from the amounts collected by ArtWizard in the name and on behalf of the SELLER. Should such amounts are to be withheld, ArtWizard will inform the SELLER on the amount to be withheld. In case there is no amount available for withholding, the SELLER shall due to ArtWizard all amounts related to the return of the Order.
(7) Should, without being ArtWizard's fault, the Client returns the Products due to the non-compliance between the Ordered Products and the delivered Products and/or if the Clients notifies either ArtWizard or the SELLER on such situation, the SELLER will be liable for the damage caused and undertakes to deliver the proper Order to the Client according to the latter's requests, on SELLER's risks and expense. Should the Client inform ArtWizard and the SELLER does not deliver the proper Order within a reasonable period, ArtWizard shall be entitled to refund to the Client the value of the returned Products, following to recover the corresponding amounts from the SELLER by retaining them from the amounts collected by ArtWizard in the name of and on behalf of the SELLER. Should such amounts are to be withheld, ArtWizard will inform the SELLER on the amount to be withheld. In case there is no amount available for withholding, the SELLER owes to ArtWizard all amounts related to the return of the Order.

WARRANTY AND SERVICE

Art. 59. (1) Each Product will benefit from a warranty period, if applicable, according to the effective Regulations applicable to those Products. The Client will be informed of the warranty terms prior to purchasing the Product, the SELLER having the obligation to provide the Client with the relevant documentation, together with the Product itself.
(2) Should the SELLER not fulfill any of the obligations referring to warranty and service within the terms provided in the Regulations, ArtWizard shall be entitled to take any measure it considers necessary so that Clients' rights are complied with, according to the regulations, any amounts paid by ArtWizard under such circumstances being withheld from the amount collected by ArtWizard on behalf and
in the name of the SELLER, with its prior notification in this respect.
(3) As SELLER, the SELLER will be the only one liable in its relationship with the Client for complying with the Regulations.

MISCELLANEOUS

INTELLECTUAL PROPERTY RIGHTS

Art. 61. (1) The SELLER states and represents that it holds all the intellectual property rights necessary for trading the Products (including over the materials related to the
description and promotion of the Products) that it offers through the ArtWizard Platform and it is the only one liable for any breach of any intellectual property right or any other right of any third party related to those Products and/or to the information and/or photographs related to the Products.
(2) Should ArtWizard be notified or receive a claim from the Clients or from third parties as to the breach of third parties' rights related to the Products offered through the ArtWizard Platform (including, without limitation to photographs, images, design, name, patent), ArtWizard will send it to the SELLER who is liable for remedying the situation and for compensating the affected Client, third party as well as ArtWizard for any costs or damage caused as result of the fact that the above-mentioned statement/representation is not correct/not true.

Art. 62. (1) The SELLER agrees that, during the contractual relationships with ArtWizard, all ArtWizard's trademarks or trademarks for which it holds a license are the exclusive property of ArtWizard or of its licensors and that they cannot be used unless with the prior written express consent of ArtWizard and only for the purposes mentioned by it.
(2) The SELLER understands that all materials related to ArtWizard's trademarks are and shall remain the
exclusive property of ArtWizard. At the cessation of the
contractual relationships due to any reason, the SELLER will
return to ArtWizard all materials, documents, information,
advertising materials and other similar materials received
from or created for the fulfillment of the obligations resulting from the Terms and Conditions

Art. 63. The SELLER is hereby informed of the fact that the access to the ArtWizard Platform will not be considered in any way as a transfer of ownership over it and its source codes or of any rights related to such IT instruments. All the intellectual property rights related thereof and to all changes and/or updates of such instruments at a subsequent date, including the development of the Products, and as of their creation, any and all of the related intellectual property rights resulting from a work, equipment or invention made by / of ArtWizard to such IT instruments, is and will remain the exclusive property of ArtWizard. ArtWizard offers to the SELLER a right of non-exclusive use of such IT instruments during the contractual term. Moreover, the technology and know-how, whether patented or not, included in the services offered shall remain the exclusive property of ArtWizard.

CONFIDENTIALITY

Art. 64. The term "confidential information" applies to and includes:

  1. All the provisions of the Terms and Conditions;
  2. The information in its tangible or intangible form, of professional, commercial, technical, financial nature or
of any other type that is created, developed, received, gathered or used during or related to the activity of the
Parties, including, without limitation to the information referring to the identity of the affiliates, commercial partners, consultants, employees of the parties, and including, as well, but without limitation to the trading conditions, business methods, corporate plans, management systems, finances, to the occurrence of new business opportunities or research and development projects of the parties or of the commercial partners of Parties' affiliates, costs, contractual understandings, market researches, intellectual property rights held or used, IT infrastructure, promoting policy, parties' activity development and expansion proposals or any other aspects related to the promotion or sale of any products or to past, present or future services of the parties or of their affiliates or commercial partners including, without limitation, any information and plans referring to the sales, market shares and statistics regarding the prices, marketing plans, market research reports, sale techniques, price lists, purchase prices, structure of discounts and price decreases, promotional and advertising materials, names, addresses, telephone numbers and contact names of the Clients and of the possible Clients and of the SUPPLIERS and possible SUPPLIERS of the parties or of the affiliates and commercial partners of the parties, the nature and activity thereof, trade formulae, processes, inventions, drawings, know-how, discoveries and technical information referring to the creation, manufacture or supply of any past, present or future products or services of the parties or of their affiliates or of Parties' commercial partners;
  3. All the opinions, suggestions, reports, notes, data,
analysis, compilations, studies or other documents
drafted by ArtWizard during the execution or fulfillment of
its tasks and activities provided in the Terms and
Conditions or that construe, comment, contain, result
from or reflect in any other way such tasks or documents described in the Terms and Conditions

Art. 65. The Parties undertake, the obligation remaining valid and having effects both during the period in which Terms and Conditions are applied and further on, for a period of 3 (three) years, without considering the cessation of the application of the Terms and Conditions or the fulfillment of the obligations and carry out of the activities according to the Terms and Conditions, to:

  1. maintain strict confidentiality and not to disclose or allow the disclosure by any person of any Confidential Information; and
  2. not to use any Confidential Information other than for the fulfillment of its obligations according to these Terms and Conditions and for no other purpose and not
to allow the use of any Confidential Information by any third party unless with the written approval of the other Party.

Art. 66. The provisions above do not apply if and to the extent the Confidential Information:

  1. must be disclosed according to the law or the applicable Regulations and, under such circumstances, only on condition that, as soon as a request is made, the Parties inform each other and take all reasonable measures in order to cooperate for the actions they consider necessary for protecting their own interests. In any case, the disclosure shall only refer to that part of the Confidential Information that must be disclosed, and the Parties shall cooperate as concerns the date and content of the disclosure and shall ensure that the parties to which the Confidential Information disclosed are aware of the confidential nature thereof and comply with it;
  2. is an information on which the Parties agree in writing that it is not confidential;
  3. is published or can be accessed by the public other than through the breach by a Party of the Terms and Conditions or of any other confidentiality obligation;
  4. is disclosed to the members of ArtWizard's group;
  5. must be disclosed to the public in order to comply with the obligations provided in the Terms and Conditions.

PROTECTION OF PERSONAL DATA

Art. 67. (1) The SELLER shall be entitled to use the personal data of the Clients during the validity of the Terms and Conditions exclusively with the purpose of performing the obligations undertaken through the Terms and Conditions. The SELLER undertakes to comply with and defend through proper protective technical and organizational measures all the rights of the Clients related to the protection and safety of personal data received from ArtWizard and is obliged to be liable, without involving ArtWizard, for any sanction or dispute and the consequences thereof that might occur as a result of non-compliance by the SELLER (including its employees and collaborators) with any legal obligations related to the personal data of the Clients, being entirely liable for any damage or costs directly resulting therefrom.
(2) The SELLER undertakes to apply the proper technical and organizational measures for the protection of personal data as well as against any forms of illegal processing thereof, according to the legal applicable requirements.
(3) The SELLER undertakes to take all the necessary measures provided in the Regulations in order to perform any processing according to the Terms and Conditions, as well as to ensure the safety of the personal data processed according to the Terms and Conditions against any accidental or illegal destruction or against the loss or damage, accidental alteration, disclosure or unauthorized access and against any other form of unauthorized processing.
(4) Without the express and prior consent sent in writing by ArtWizard, the SELLER shall not be able to use the personal data made available by ArtWizard for any other purposes than for the fulfillment of the obligations specified in the Terms and Conditions and, at the cessation of the contractual relationships based upon the Terms and Conditions, the processing and keeping of such data will also cease, except if otherwise provided by the law.

DURATION AND TERMINATION OF THE CONTRACT

Art. 68. (1) The Terms and Conditions will become effective on the date they are accepted by the SELLER, for an undefined period of time.
(2) The contractual relationship between ArtWizard and the
SELLER according to these Terms and Conditions will cease:

  1. upon mutual consent of the Parties;
  2. by unilateral termination by either Party, based upon prior written notification sent to the other Party, without any other formality or the intervention of the court of law, should either Party breaches any of the obligations provided in the Terms and Conditions and does not remedy the breach within the term specified in the breach notification;
  3. by unilateral termination by either Party by sending a 30 (thirty) days notification, in which case neither of the Parties may claim damages, compensations and/or other material or other claims for the cessation of the contractual relationships.

(3) The cessation of the contractual relationships,
regardless of the method, has no effect on the already outstanding obligations between the Parties.

LIABILITY. LIMITATION OF LIABILITY.

Art. 69. (1) Should either Party does not comply with its obligations according to the Terms and Conditions (including the appendixes thereto) or as provided in the Regulations, the Party in default will be liable for the damages caused to the other Party, and the other Party will have the right to claim to the Party in default to refund the amounts paid according to the concerned Orders and/or the value of the Products object of those Orders and/or the related Fees, as well as any other expenses made related to the concerned Orders and/or to the sale of the Products.
(2) The Parties are entitled to the entire remedy of the damage, regardless of its nature, suffered as result of the delayed fulfillment, improper fulfillment or non-fulfillment (partial or entire) of any of the obligations undertaken according to the Terms and Conditions.
(3) ArtWizard shall be entitled, should the SELLER not comply with its obligations undertaken through the Terms and Conditions, situation that might lead to negative effects on the activity and image of ArtWizard, to forbid SELLER's access to the ArtWizard Platform as well as to claim any and all damage for direct, indirect, incidental or consequential loss of profit.
(4) Should the SELLER does not comply with the conditions regarding the provision of information and/or photographs for the presentation of any Product in accordance with ArtWizard's standards and does not remedy such non-compliance within a period of 3 (three) days as from the notification sent by ArtWizard, ArtWizard shall be entitled to suspend SELLER's access to ArtWizard Platform and/or to remove from the ArtWizard Platform the Products for which the contractual terms regarding the provision of information and/or photographs has not been complied with, without being held liable for any damage or for not obtaining the provisioned revenues and without prejudicing the ArtWizard's right to cease the contractual relationships based upon the provisions of the Terms and Conditions.
(5) The presentation of the Products on ArtWizard Platform will be done in the manner established by ArtWizard. Any and all materials published and contained on the ArtWizard platform will be approved by a representative of ArtWizard in advance. In case any part of the content proved by any of the contractors at ArtWizard does not fulfill the criteria communicated by the ArtWizard representative, the latter shall provide a reasonable term to the contractor for remedy.
(6) ArtWizard shall be entitled to change the structure
of ArtWizard Platform at any moment, as well as the posting
categories without invoking any reason and without any
prior notification. However, it shall not directly interfere with the information communicated by the SELLER regarding the Products. ArtWizard cannot be held liable for the sales or profit not obtained by the SELLER due to the changes made by ArtWizard to the structure or organization of ArtWizard Platform.
(7) Until the fulfillment and/or remedy by the SELLER of any and all obligations according to the Terms and Conditions, ArtWizard can decide to suspend the right to sell the Products through the ArtWizard Platform, the SELLER having no claim in this respect.
(8) In case of non-compliance by the SELLER with any of the above obligations, ArtWizard will have the right to proceed to the entire or partial suspension of the right to sell the Products/some of the Products through the ArtWizard Platform, such suspension following to be immediately communicated to the SELLER, without the latter being exonerated from its obligations related to the other Products that are not suspended, as well as from the obligation to pay the Fee.

FORCE MAJEURE

Art. 70. (1) Any circumstance that cannot be predicted or
 removed regardless of the Parties' will, occurring during
the application of the Terms and Conditions and that make the fulfillment of the undertaken obligations impossible will be considered Force Majeure and will justify the Party relying on it from the fulfillment of that obligation.
(2) The Party relying on the Force Majeure event must inform the other Party within a period of 10 (ten) working days as from the date of the occurrence thereof and must make available the documents certifying the Force Majeure event, issued by the respective authority in the country in which the SELLER has its registered office, within a period of 30 (thirty) working days as from that date.
(3) During a Force Majeure event that hinders the Parties from complying with their obligations, the Parties are freed from the fulfillment of their obligations. Should the Force Majeure event not end within a period of 3 (three) months as from the notification thereof, either Party can terminate the Terms and Conditions with immediate effect upon sending a notification in writing.

LIMITATION OF LIABILITY

Art. 71. (1) Under no circumstances will the ArtWizard be liable for any indirect, incidental, exemplary, punitive, special, or consequential damage, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with: (i) these Terms and Conditions; (ii) ArtWizard services; (iii) the use of or inability to use the ArtWizard's services; (iv) any conduct, performance or non-performance (whether online or offline) of any other user or other third party on or in connection with the ArtWizard's services; or (v) any content, art products or services made available on, through, or in any way connected with the ArtWizard services (whether online or offline) by us or any other user or other third party. Under no circumstances will the ArtWizard's total liability to any third party arising out of or in connection with these terms or the SUPPLIER's services shall exceed the greater of one hundred Euros (EUR 100.00) or the total amount the USER paid for the SUPPLIER's services in the six (6) months prior to the event that gave rise to such liability.
(2) The exclusions and limitations of liability provided above shall apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the ArtWizard parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed of its essential purpose, applicable law may not permit the exclusion or limitation of liability for consequential or incidental damage, and in such case some of the exclusions and limitations provided above may not apply to the full extent, in which case the liability of ArtWizard will be limited to the fullest extent permitted by the applicable law.

NOTIFICATIONS

Art. 72. (1) Any communication or notification addressed to the SUPPLIER is validly made if sent via e-mail to office@artwizard.eu or via courier sent to Bulgaria, Sofia 1000, 2 Malyovitsa Street.
(2) Any communication or notification addressed to the SELLER will be sent to the contact details mentioned in SELLER's account on the ArtWizard Platform.
(3) The SELLER undertakes to immediately inform the SUPPLIER in case of any changes made to the identification data, address and/or fax number and/or e-mail address provided for communications, notifications or endorsements as well as to the contact persons/appointed representatives.

APPLICABLE LAW. DISPUTE RESOLUTION

Art. 73. (1) The interpretation, validity and execution of the provisions of these Terms and Conditions, as well as all the rights and actions of the Parties according to these Terms and Conditions will be governed by the applicable EU and Bulgarian laws.
(2) Any dispute or claim resulting from these Terms and Conditions will be settled in an amicable manner. Should a dispute cannot be settled with a mutual consent, the dispute resulting from or related to these Terms and Conditions will be settled by the competent court of law in the capital city of Bulgaria, Sofia.

DISCLAIMER ON CONTENT

Art. 74. (1) ArtWizard has made all efforts to prevent the publication on its website a content describing or representing situations of physical or psychological violence or which, according to the sensitivity of www.artwizard.eu users, might be deemed to violate.
(2) However, in the event that such content is deemed to be unlawful or illegal in some of these countries, any USER is advised not to access the platform and, where he nonetheless has chosen to access it, ArtWizard Ltd hereby informs all USERS/SELLERS that the access to the services provided by www.artwizard.eu shall be at their exclusive and personal responsibility.
(3) ArtWizard has also adopted measures to ensure that the content of www.artwizard.eu is accurate and does not contain any incorrect or out-of-date information.
(4) However, ArtWizard cannot be held liable for the accuracy and completeness of the content posted by ArtWizard on its website, except for its liability for tort and gross negligence and as otherwise provided for by the law. Moreover, ArtWizard cannot guarantee that the website will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our website we advise all users and contractors to contact us via the contacts provided on our platform. An ArtWizard representative will be at their disposal to assist and help to restore the access to the platform, as far as possible. At the same time, please contact the USER's/SELLER's Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including the USER's Internet browser. Although ArtWizard shall use its best efforts to ensure regular access to its website, the dynamic nature of the Internet and web content may not allow www.artwizard.eu to operate without any suspensions, interruptions or discontinuity due to updating the website.
(5) ArtWizard has adopted adequate technical and organisational security measures to protect services on www.artwizard.eu, integrity of traffic data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of www.artwizard.eu, and to avoid unauthorised or unlawful access to such data and information.

MISCELLANEOUS

Art. 75. (1) The present General Terms and Conditions (including all the appendixes thereto) form the entire understanding between the parties as to the subject matter of these Terms and Conditions that replace and cancel all prior consents, representations and understandings between the Parties related to the subject matter thereof.
(2) Any amendments to the present General Terms and Conditions will be effected in electronic form according to the provisions hereof. ArtWizard shall be entitled to amend, at any moment, any of the terms included in the Terms and Conditions (including in all the appendixes thereto). Should the SELLER does not unilaterally terminate the Terms and Conditions immediately afterwards, it will be deemed that it has accepted them until the expiry of the term. The updated versions of any of the documents part of the Terms and Conditions will prevail.
(3) Should any provision of the Terms and Conditions is or becomes illegal, void, null or inapplicable or unenforceable according to the Regulations or to a decision of a court of law, the legal character, validity and applicability or enforceability of the remaining provisions of the Terms and Conditions in their entirety will not be impaired.
(4) The Parties agree that the non-fulfillment of any of the obligations provided in the Terms and Conditions will result into the notice of breach to the defaulting Party.
(5) The Parties agree that they will not make any statements for the press and/or any other public statements that affect the other Party's image.
(6) Any public statement of either Party related to the partnership subject matter of the Terms and Conditions will be previously approved by the other Party, except for the marketing and communication activities carried out by ArtWizard having as purpose the promotion of ArtWizard Platform and/or of the products and/or services traded through it.

 

PART THREE

RETURN POLICY

In accordance with the applicable consumer protection legislation, the USER may exercise the USER's right to return purchased products without incurring any penalty and without the need to provide any reason by informing ArtWizard within a period of 14 (fourteen) days as from the date on which the USER received them from www.artwizard.eu.

In accordance with the consumer protection legislation, the right to return may be exercised by employing one of the following methods of the User's choice: i) use of a Return Form (consistent with the form that has been standardized in accordance with consumer protection legislation) which is available upon request at customercare@artwizard.eu, and which should be wholly completed in order to obtain a return number (the SELLER will send the USER an e-mail confirming receipt of the return request made through the Return Form).
Returned items must be shipped back to ArtWizard within a period of 14 (fourteen) days as from the date of delivery of the package to the USER. In such case, the USER informs the SELLER of the USER's decision to withdraw from the contract.

The products may be returned by dispatching the package through the shipping agent indicated by ArtWizard (DHL) or through another shipping agent. The product integrity and the specific label of the product shall be intact at the time of delivery of the returned product in order to proceed with the refund. The shippoing costs for the return shall be born by the USER.

I. Terms and Conditions of Return in Accordance with Consumer Protection Legislation

Should the USER want to cancel the purchase of the User's product in accordance with our policy and obtain a refund, in order to assist us in issuing the USER's refund as quickly as possible, we ask that the USER do the following:

  1. within a period of 14 (fourteen) days of receipt of the products please correctly fill in and submit the Return Form obtained from ArtWizard via customercare@artwizard.eu, or, as an alternative, the USER may also fill in and send this form or send another declaration to the SELLER, including by registered mail, which explicitly states the User's decision to withdraw from the contract.
  2. make sure that the USER takes reasonable care of the products and that they have not been used, worn, washed, modified or damaged;
  3. the identification should be still attached to the products with the disposable seal;
  4. the products must be returned, complete and unused, in their original packaging;
  5. the returned items must be shipped back to the SELLER by the chosen courier within a period of 14 (fourteen) days as from the date on which the USER informed the SELLER of the USER's decision to withdraw from the contract;
  6. the products have not been damaged;
  7. return refund is made only at the account from which the original purchase has been processed.

Should the USER has fulfilled all requirements set forth above in accordance with the consumer protection legislation, ArtWizard will fully refund the price of the returned purchased products. The USER will only be charged for the return shipping cost. The USER will be notified if the returned products cannot be accepted because they do not comply with the terms and conditions indicated above in letters a), e) and f) of the preceding paragraph. In this case, the USER may choose to have the products delivered to the USER at the User's own expense. Should the USER refuse the above delivery, ArtWizard reserves the right to retain the products and the amount paid for the User's purchase of the products.
For Switzerland and Norway only: Please note that any duties, taxes and fees the USER have paid for the delivery of the purchased products, if any, shall not be refunded.

The USER will also be informed if the User's return cannot be accepted because it does not comply with the terms and conditions indicated above in letters b), c) and d) of the previous paragraph. In that case, the USER may choose to accept a reduced refund of which the USER will be informed, due to the decrease in value of the returned products, or to have the products sent back to the USER at the USER's own expense. Should the USER refuse this shipment, ArtWizard reserves the right to retain the products and the amount noted for the decreased refund, due to the decrease in value of the returned products.

II. Refund Times and Procedures

Only after ArtWizard has received the returned products and checked that the products meet all requirements, will the USER receive an e-mail that the returned products have been accepted, or, if a decrease in value of the returned products has been detected, the USER will receive an e-mail informing the USER of the amount deducted for the decrease in refund. Whatever form of payment the USER used (Credit or Debit Card, or Bank Transfer), in accordance with the consumer protection legislation the refund procedure will start within a period of 14 (fourteen) days as from the date when ArtWizard was informed of the User's decision to exercise the User's right to return the purchased products and once ArtWizard has checked that the return was carried out in compliance with the above conditions.

The time period for refunding the amount the USER paid for purchasing the returned products depends on the form of payment used:

  1. purchase by Credit/Debit Card: refund will be made on the card where the original payment has been made, with time for refund depending on the credit card company's policies. We would like to assure the USER, that we will make our best efforts, but we do not guarantee, that the value date for the credit will coincide with the date of the original payment, so that the USER will not suffer any interest loss;
  2. payment by Bank transfer: refunds will be credited to the USER's bank account where the original payment has been made and will be visible depending on the procedures applicable by the USER'S service bank. 

III. ArtWizard Preferred Courier - Return Shipping

For the time being, ArtWizard has chosen DHL (visit http://www.dhl.com/ or call their number) as ArtWizard official package delivery courier company for returning products purchased on the website. As advised by ArtWizard, the products can be returned to ArtWizard using DHL delivery courier. Should the USER use DHL, the USER will have to pay for the shipping costs and the USER will be able to track the package at any time. To organise the pick-up of the products the USER wishes to return, please contact DHL. The USER will be responsible for any loss or damage to the products during the transit. For the USER's protection, we recommend that the USER use a reputable courier service if the USER chooses not to return the goods by DHL.

IV. Consumer Code

These Terms and Conditions for exercising the withdrawal right form an integral part of the USER's General Terms and Conditions. They are regulated by the relevant applicable Bulgarian and EU Law.

 

PRIVACY POLICY

This website is owned and run by "ArtWizard" OOD, a Bulgarian legal entity, having its seat in the city of Sofia and registered address at 2 Malyovitsa Street, 1000 Sofia, entered into the Commercial Register under company number 204884705 ("we", "our", "us"). The term "our online services" refers to the platform www.artwizard.eu, our mobile and tablet applications, our pages on third party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+ and any other websites or apps we own or run from time to time. The term "our services" refers to our online services and any of our other products and services, offered from time to time. If you use any of our services, we will refer to you using the terms "user", "visitor", "you", "your", "yours" in this policy.

We respect the privacy rights of our visitors and recognize the importance of protecting the information collected about them. This privacy policy is about how we collect, store, and use the personal information that you provide to us.

If you are under 16, you must inform a parent or guardian about our privacy policy to obtain their agreement to the privacy policy before registering, subscribing or placing an order with us.

What Personal Information do we collect from you and how?

We collect personal information about you when you register or subscribe for one of our services, place an order, use our online services, interact with us in any other way, such as via social media, click on an advert that we put on our or someone else's website, ask for information or assistance, give us a testimonial or other feedback, comment on any blogs or articles featured in our services, attend an event that we run or sponsor, sign up for our special offers or other updates, participate in research panels or fill in surveys. By registering, subscribing or using our services, you consent to the use of your personal data in line with this policy. You will be also asked to provide us with your specific consent when you register on our platform for the first time and you can withdraw your consent at any point in time according to the provisions of the General Data Protection Regulation of the EU, in force form the 28th of May 2018 via sending us an email at: customercare@artwizard.eu or phone +359898400120.

We may also receive information about you from third parties, with whom we have a business relationship

The information we collect and hold about you may include your name, email address, phone and mobile phone numbers, home address, shipping and payment card billing address, payment card details, IP address, search criteria, shopping history, responses to research panels and surveys, the type of browser you use (a browser is the program you use to look at websites, such as Internet Explorer, Firefox or Safari), the times when you access the site and for how long, your referring URL (the site you come from to reach our platform, cell IDs (these are the unique identifiers of the telecommunications towers being used by your mobile phone when you use our locations-based services on your mobile phone or tablet) and other location information (for example, GPS measurements), photographs and other content you share with us when you use our services, date of birth, password details, answers to security questions and any other information you may give us.

Whenever you give us your personal information we will use it in accordance with applicable privacy laws and for the purposes set out in this policy, on the data entry forms you complete, in any relevant terms and conditions and on pages or emails which link to the data entry forms.

When you use our services: If you use any of our services, register for or attend one of our events, set up, look at or change your account, we will record your personal details. Your information will be used in the first place to provide the products, services or information you have asked for and to provide you with a personalized shopping experience. We keep the information you provide and may use it for several purposes, including: (i) accounting, billing, reporting and audit; (ii) credit checking or screening; (iii) authentication and identity checks; (iv) credit, debit or other payment card verification and screening; (v) debt collection; (vi) safety, security, health, training, administrative and legal purposes; (vii) data matching and dedupe, statistical and market analysis, and marketing information; (viii) advertising and marketing for our services or third parties; (ix) developing, testing and maintaining systems; (x) studies, research and development; (xi) customer surveys; (xii) customer care and to help us in any future dealings with you, for example by identifying your requirements and preferences; (xiii) where required by law or in connection with legal proceeding or disputes; and (iv) any other uses set out in the terms and conditions for use of our services. For these purposes we may disclose your information to one or more of the other organizations listed in the section called "who we will share your personal information with". Saved payment card details will only be shared with our payment partner and not with any other third parties and will only be used to process your order, using our payment partner's systems.

We may also use your personal information to send you marketing updates, as detailed in the next section. Tracking how our online services are used: We collect and use third parties to collect and share with us information from visitors to our online services and analyze it to build up a picture of how people use our website. This helps us improve the services we offer. We may also give anonymous statistics about visitors to other, reputable organisations, but the information we provide will not include details that would allow these organisations to identify you. For more information on our use of cookies, please read our cookie policy.

Customization of our online services and advert targeting: We may use the information you give us about yourself, and the information we collect via cookies when you use our online services to build up a picture of your interests. We may then use this information to try to make sure that when we send you marketing communications and when you visit our websites or use our online services, you don't miss offers and information that might interest you. This information may also be used by our third-party advertising agencies and networks, to advertise our own or third party products and services to you when you visit third-party websites and online services. This is called advert targeting or interest-based advertising. For more information on how to reject targeted advertising or interest-based advertising cookies please read our cookie policy.

Testimonials: If you give us feedback, we may use it to improve our services and we may publish it online or offline to promote our business and our services. We will ask for your permission before we publish it.
Comments and reviews submitted to our online services: If you wish to submit a comment or feedback on a blog or article featured on our services, we may (but are not obliged to) publish your comment online or offline to promote our business and our services. We will collect your name or username which will be displayed next to your comment, and e-mail address, which will not be published, but which we may use to contact you in relation to your comment.

Mobile services: When you request our mobile services, we may keep your mobile phone number, the make and model of your phone, the operating system used by your phone and details of your network operator, and we will link a unique identifier to your mobile phone number. We'll store your device language, app language and country. We need this information in order to provide the features and services enabled through our mobile services and to administer our mobile service.

Social networks: If you follow us or interact with us on any of our pages on third party social media platforms, such as Instagram, Facebook, Twitter, Pinterest and Google+, information you provide will be subject to the third party's privacy policy, as well as this privacy policy.

Direct marketing: For information on how we may market to you, please read the section called "marketing opt-in and opt-out provisions".

Customer surveys: Every now and again, we may ask you for your opinion on our services and the products you have purchased through our services. When we do research or surveys, we may use cookies and may combine the information collected by those cookies with your answers. We and our business partners collect information about your use of our online services using cookies. Cookies are very small files that are sent by us to your computer or other access device which we can access when you visit our site in future. Cookies help us remember who you are and other information about your visits. They can help display the information on a website in a way that matches your interests. Most major websites use cookies.

For more information about how we use cookies, please read our cookie policy.

Whenever you give us your personal information we will use it in accordance with applicable privacy laws and for the purposes set out in this policy, on the data entry forms you complete, in any relevant terms and conditions and on pages or emails which link to the data entry forms.

When you use our services: If you use any of our services, register for or attend one of our events, set up, look at or change your account details or contact your personal shopper or a member of our Customer Care team, we will record your personal details. Your information will be used in the first place to provide the products, services or information you have asked for and to provide you with a personalized shopping experience. We keep the information you provide and may use it for several purposes, including: (i) accounting, billing, reporting and audit; (ii) credit checking or screening; (iii) authentication and identity checks; (iv) credit, debit or other payment card verification and screening; (v) debt collection; (vi) safety, security, health, training, administrative and legal purposes; (vii) data matching and dedupe, statistical and market analysis, and marketing information; (viii) advertising and marketing for us or third parties we are partnering with; (ix) developing, testing and maintaining systems; (x) studies, research and development; (xi) customer surveys; (xii) customer care and to help us in any future dealings with you, for example by identifying your requirements and preferences; (xiii) where required by law or in connection with legal proceeding or disputes; and (iv) any other uses set out in the terms and conditions for use of our services.

Saved payment card details will only be shared with our payment partner (our servicing bank) and not with any other third parties and will only be used to process your order, using our payment partner's systems.

We may also use your personal information to send you marketing updates, as detailed in the next section.

Tracking how our online services are used: We collect and use third parties to collect and share with us, information from lots of visitors to our online services and analyze it to build up a picture of how people use our websites. This helps us improve the services we offer. We may also give anonymous statistics about visitors to other, reputable organisations, but the information we provide will not include details that would allow these organisations to identify you. For more information on our use of cookies, please read our cookie policy.

Customization of our online services and advert targeting: We may use the information you give us about yourself and the information we collect via cookies when you use our online services to build up a picture of your interests. We may then use this information to try to make sure that when we send you marketing communications and when you visit our websites or use our online services, you don't miss offers and information that might interest you. This information may also be used by our third-party advertising agencies and networks, to advertise our own or third party products and services to you when you visit third party websites and online services. This is called advert targeting or interest-based advertising. For more information on how to reject targeted advertising or interest-based advertising cookies please read our cookie policy.

Testimonials: If you give us feedback, we may use it to improve our services and we may publish it online or offline to promote our business and our services. We will ask for your permission before we publish it.

Comments and reviews submitted to our online services: If you wish to submit a comment or feedback on a blog or article featured on our services, we may (but are not obliged to) publish your comment online or offline to promote our business and our services. We will collect your name or username which will be displayed next to your comment, and e-mail address, which will not be published, but which we may use to contact you in relation to your comment.

Mobile services: When you request our mobile services, we may keep your mobile phone number, the make and model of your phone, the operating system used by your phone and details of your network operator, and we will link a unique identifier to your mobile phone number. We'll store your device language and country. We need this information in order to provide the features and services enabled through our mobile services and to administer our mobile service.
Social networks: If you follow us or interact with us on any of our pages on third party social media platforms, such as Instagram, Facebook, Twitter, Pinterest and Google+, information you provide will be subject to the third party's privacy policy, as well as this privacy policy. Customer surveys: Every now and again, we may ask you for your opinion on our services and the products you have purchased through our services. When we do research or surveys, we may use cookies and may combine the information collected by those cookies with your answers.

Where Will We Process Your Personal Information?

When we use your information as described in this policy, this may involve sending your information outside the European Economic Area (EEA). When we do this, we make sure that appropriate steps are taken to protect your personal information and your rights. By providing us with your personal information, you agree that we may transfer, store and process your information outside the EEA. Governments in certain countries like such as the USA have broad powers to access data for security, crime prevention and detection and law enforcement purposes.

Marketing Opt-In and Opt-Out Provision

We offer you the chance to receive updates which, depending on your preferences, and we will discuss them with you by phone or live chat, or send you via email, SMS and/or direct mail. These include alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. You can opt-out of receiving these updates if you wish. We, or our third-party business partners, may also ask you if you want to receive marketing if you enter a promotion or attend an event thrown or sponsored by us. Marketing communications you subscribe to will only be sent by us. You have the right to ask us not to use your personal information for marketing. At all times, we will offer you the opportunity to unsubscribe from any service or update to which you have subscribed if you change your mind. Whenever you receive direct marketing from us, we will tell you how to unsubscribe. Alternatively, you can change your marketing preferences by logging into My Account. To opt out of direct mail, please contact us via sending us an email at: customercare@artwizard.eu or phone +359898400120. If you tell us that you do not want to receive direct marketing, we will still contact you in order to provide you with products and services you request and for administration purposes.

How You Can Access Your Personal Information?

You have the right to see information we hold about you, with some exceptions which are described in the privacy laws. If you would like a copy of your personal information, please contact our privacy officer at office@artwizard.eu. You will need in the latter case to pay a processing fee. You have the right to review and update your personal details. If for any reason you are concerned that the personal information we hold is not correct, please visit our online services and, after logging into the site using the "Login" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, our Customer Care team, may access your personal data from our online services using your user ID and password. You can change or delete saved credit/debit card details each time you make a purchase. Please note that such details are not kept by our company but by our servicing bank only. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through security validation checks. If you prefer, you may contact us by email at customercare@artwizard.eu and we will amend your personal details.

Safeguarding Your Personal Information

We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided to us. We have put in place technology and security policies which are designed to protect the personal information we hold about you. We also follow the security procedures that applicable privacy laws require. These covers storing, using and releasing any information you have provided and, as well as and measures designed to prevent unauthorised access or use. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use. Our SSL certificate is provided by RapidSSL (GeoTrust Inc.).

Our online services contain hyperlinks to websites that are owned and operated by other organisations. These websites have their own privacy and cookie policies, and we urge you to read them. They control how your personal information is used when you give it to these other organisations or they collect it with cookies. We do not approve any other websites and we are not responsible for any information, material, products or services that are on or accessible through those websites or for the privacy practices of websites run by other organisations. If you use these other websites you do so at your own risk.

We may update this privacy policy from time to time so you may want to check it each time you give us personal information or use our websites.

 

COOKIE POLISY

What Are Cookies?

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How do We Use Cookies?

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

As we sell products it's important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; facebook, instagram, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.