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 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" Ltd., a commercial legal entity, having its seat in the European Union, 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 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:
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 artwizard.eu.
(3) In order to perform the abovementioned activities, the SUPPLIER publishes on artwizard.eu:
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 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, as well as with the processing of its personal data in accordance of the EU Data Protection Legislation.
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 artwizard.eu notifies the USER that the order was completed.
(3) The information about payment terms and delivery options is provided to the USER via e-mail 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 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, except for the destination where ArtWizard offers *Global delivery, as specified in Delivery Terms. 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 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 or Artist, where applicable, charged to deliver the products, shall be relieved of its obligation to deliver the requested product. In the above case, the SUPPLIER or Artist 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:
Art. 12. The SUPPLIER is entitled:
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:
(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:
Art. 15. (1) The USER is entitled to:
ArtWizard Ltd. office, via phone number at: +359898400120, or via e-mail at: [email protected] 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:
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) The 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:
In order to exercise the rights above, the USER should notify the SUPPLIER via phone number at: +359898400120 or via e-mail at: [email protected]
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:
(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 "[email protected]" 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 artwizard.eu and its content.
(2) As far as the use of the 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 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 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 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 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 artwizard.eu or have cooperated with 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 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 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
STATEMENTS AND REPRESENTATIONS
Art. 35.(1) The SELLER represents and warrants 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:
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. PAYMENT TERMS
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 applicable at the respective period service offers.
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.
Art. 42. Upon receipt of a payment request by the SELLER, ArtWizard transfers the due amounts of the purchase price to the SELLER, keeping the Fee.
Art. 43. ArtWizard collects the price of the Product on behalf of the SELLER for any Product ordered by the Client through the ArtWizard Platform secured payment system.
TRADE OF PRODUCTS ON ArtWizard PLATFORM
Art. 44. In order to be able to present the Products on the ArtWizard Platform for their trade to the Clients, the SELLER undertakes:
Art. 45. 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;
Art. 46. 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. 47. (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:
(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:
Art. 48. (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. 49. 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 or at the designated by the SELLER contact details.
Art. 50. 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. 51. (1) The SELLER will answer to each Order of the Client sent by ArtWizard Platform as follows:
Art. 52. The Client may return the product due to different reasons. Status: Returned order. In the latter case:
Art. 53. 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. 54. (1) The Client can pay for the Orders via the ArtWizard platform, as provided below:
(2) The SELLER expressly authorizes ArtWizard to accept and process the payments 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.
Art. 55. (1) 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.
(2) 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.
(3) 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.
(4) 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. 56. (1) Orders can be cancelled:
(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 EU Regulations as per ArtWizard Return Policy.
(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) 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. 57. (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. 58. (1) The SELLER represents and warrants 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. 59. (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. 60. 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. 61. The term "confidential information" applies to and includes:
Art. 62. 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:
Art. 63. The provisions above do not apply if and to the extent the Confidential Information:
PROTECTION OF PERSONAL DATA
Art. 64. (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. 65. (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:
(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. 66. (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. 67. (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. 68. (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 ten thousand Euros (EUR 10‘000.00) 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. 69. (1) Any communication or notification addressed to the SUPPLIER is validly made if sent via e-mail to [email protected] 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. 70. (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) All disputes arising in connection with the validity, performance, interpretation or termination of this Agreement shall be settled by the Parties in good faith through negotiations, consultations and mutually agreeable agreements and, if no agreement is reached, by a sole arbitrator according to the ICC Arbitration Rules, under the rules of the applicable EU and Bulgarian laws and with a place of arbitration Paris.
DISCLAIMER ON CONTENT
Art. 71. (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 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 artwizard.eu shall be at their exclusive and personal responsibility.
(3) ArtWizard has also adopted measures to ensure that the content of 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 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 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 artwizard.eu, and to avoid unauthorised or unlawful access to such data and information.
MISCELLANEOUS
Art. 72. (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 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 [email protected], 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 shipping 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:
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:
III. ArtWizard Preferred Courier - Return Shipping
For the time being, ArtWizard has chosen DHL (visit http://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" Ltd, a commercial legal entity, having its seat in the European Union, at 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 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: [email protected] 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.
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: [email protected] 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 [email protected]. 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 [email protected] 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 site’s 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 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.
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In addition to the above General Terms and Conditions as stated above, the Artist representing his own works on the ArtWizard Platform, agrees to the following specific conditions, applicable to the works displayed on the ArtWizard Platform, for which the Artist paid the respective monthly subscription fee.
INDIVIDUAL ARTIST AGENT AGREEMENT
This AGREEMENT is concluded by and between the following:
PARTIES
1. The Artist, a person subscribed for the use of the services offered by ArtWizard Ltd, (hereinafter referred to as "Artist"or "Trustee"),
And
2. "ArtWizard" Ltd., a commercial entity registered under the laws of the EU, at the city of Sofia, with a registered office 2 Malyovitsa str., 1000 Sofia, UIC 204884705, referred to as "Gallery" or "Agent",
hereinafter referred to collectively as the Parties,
PREAMBLE
A. CONSIDERING that the Artist is a person who has demonstrated his talent in the field of fine and contemporary art;
B. WHEREAS that the artist paid a monthly subscription fee to use the services of an Agent-Gallery to represent him and puts in a commercial manner his works under the provisions of this agreement.
C. WHEREAS, that the Gallery owns and operates a Gallery business acting in the field of art management and a digital platform (Virtual Art Space) for exhibition and sale of fine and contemporary art artwizard.eu, through which it may represent the artist and expose his works worldwide, as well by any other methods agreed by the Parties.
D. CONSIDERING that the Gallery offers it’s services to Artists via the digital art platform artwizard.eu;
Е. WHEREAS, on the basis of the agreement between the PARTIES and in connection with the above, is concluded that the agreement between the Gallery and Artist.
Taking into account the mutual agreements contained herein, whose accuracy and sufficiency is recognized by both Parties and in accordance with the arrangements, the Parties agree to the following:
1. INTERPRETATION
Unless the context otherwise requires in this Agreement:
Art. 1.1 The names of the provisions of this Agreement are for convenience only and are not taken into account when interpreting this Agreement;
Art. 1.2 The singular includes the plural and vice versa;
Art. 1.3 References to the Parties is a reference to the "Artist" or "Gallery"/"Agent", or both, as appropriate.
Art. 1.4 References to other agreements and documents shall be construed as references to such agreements and documents which form an integral part of this agreement, as amended, replaced, supplemented or otherwise modified from time to time with the consent of both Parties.
Art. 1.5 The "Platform" means the Platform artwizard.eu
Art. 1.6 All terms in this Agreement are counted in calendar days.
2. DATE OF ENTRY INTO FORCE AND TERM
Art. 2.1 The date of entry into force of this Agreement is the date of payment of the chosen by the Artist monthly subscription fee and all rights and obligations of the Parties to this Agreement shall enter into force on that date.
Art. 2.2 This Agreement shall be valid and shall remain in force and shall remain in force for the respective period paid for by the Artist as a monthly subscription fee, unless it is terminated before that date from either of the Parties in accordance with the conditions specified below.
3. REPRESENTATION AND TRANSACTIONS
Art. 3.1 By virtue of this Agreement, the Agent undertakes, for remuneration, upon the order of the Trustee, to execute one or more transactions with works of art in his own name and on his behalf.
Art. 3.2 Subject to the provisions of the preceding paragraph, the Artist shall appoint the Agent to act as its Agent in the display and sale of his works of art for which the Artist owes remuneration in accordance with the terms of this Agreement.
Art. 3.3 The Agent must perform its duties with the care of a good trader, making its best efforts to represent the Artist and his works in the best possible way, including to achieve an increase in the value / market value of the Artist's works, offered through its representation;
Art. 3.4 By virtue of this agreement, the Agent is authorized to represent the Artist by displaying, promoting and selling the works of art entrusted to him by the Artist worldwide through its digital platform artwizard.eu for display and sale of fine and contemporary art.
4. MUTUAL OBLIGATIONS
Art. 4.1 The Agent does not store the artist's works subject to this Agreement.
Art. 4.2 The Artist retains all proprietary rights in the works for sale and does no transfer any ownership title to them on behalf of the Artist in favor of the Agent under this Agreement.
Art. 4.3 Works entrusted to the Agent as a pledge under this Agreement must be returned to the Artist within 14 (fourteen) days after the termination of this Agreement unless they are the subject to a sale by the Agent.
Art. 4.4 The Agent must take all reasonable steps to ensure that the works entrusted to it are well protected against any damage or loss.
Art. 4.5 (1) The Artist shall submit for sale to the Agent the works of art subject to this Agreement electronically by photographic images with the following minimum technical parameters and quality: 1920 pixels in the broad part of the image and in the Internet publishing format.
(2) In order to approve its presentation on the Platform and in connection with the administration of subscription fees, the Artist must make a registration profile of the Platform artwirard.eu and agree to the Trams of Use.
(3) The Agent shall ensure the administration of the content of the platform artwizard.eu, by agreeing with the Artist how he is presented as an author together with his works.
5. ARTWORKS DELIVERY
Art. 5.1 ArtWizard informs the Artist about the purchase of his artwork within 48 hours from the payment receipt, on the designated by the artist email address, providing the name and the address of the client. The Artist undertakes to package and send the purchased artwork to the client within up to 3 working days using the courier services provided by ArtWizard. The Artist undertakes to attach a signed by him/her Certificate of Authenticity to be presented to the client. The Artist considers the overall delivery time of ArtWizard so that the artwork can be delivered to the client within 7 working days. The Artist observes the Return Policy of ArtWizard, as specified in the General Terms and Conditions.
Art. 5.2 For the duration of this Agreement, the Artist shall have the right to display, offer or sell the works subject to this Agreement outside the Platform and the participation of the Agent, but shall immediately inform the Agent thereof. In this case, he owes the agreed sales commission fee as per the purchased subscription plan. In case of sold artworks, they are kept as an archive on ArtWizard.
6. AGENTS REMUNERATION, PRICES AND COSTS
Art. 6.1 The Agent is entitled to a commission fee in respect of each of the works of art sold by him or through the Platform.
Art. 6.3. Within the scope of this Agreement, the Artist may use one or more services in accordance with the terms and the respective subscription plans, valid at the time of the purchase of ArtWizard Services.
7. ARTIST PAYMENT TERMS
Art. 7.1 The Agent is responsible for collecting the final price of the respective artwork from the USER.
Art. 7.2 The Artist may request payment within 3 (three) working days upon the expire of the return period for the respective artwork, by filling out the ArtWizard Payment Request Form, with an attached to it invoice for tax purposes. ArtWizard pays the respective amount due to the artist (representing his seller price less the ArtWizard sales commission and delivery costs), to the artist, within 14 (fourteen) working days from the receipt of the Payment Request Form via bank transfer.
8. TERMINATION
Art. 8.1 The agreement shall be terminated upon expiry of the term for which it was concluded.
Art. 8.2 The Agreement may be terminated by the Artist as well as by the Agent in the event of a breach of any of the conditions specified therein by 30 (thirty) day written notice. In this case, the non-defaulting party may claim damages for all damages and lost profits under the lawful order.
Art. 8.3 The Agreement may be terminated by a mutual consent of the Parties with written notice of 30 (thirty) days to the other Party.
Art. 8.4 Upon termination under the foregoing Articles, the Agent shall cease to represent the Artist and return all the Works of the Artist, if any, located on his premises and entrusted to him for storage within 14 days (fourteen days) from the date of this termination.
Art. 8.5 In the event that the Artist receives an end customer order that the Agent has provided before the termination of this Agreement after the transaction has been finalized, the Artist shall pay the Agent its commission fee calculated in accordance with Article 5 of this Agreement.
9. TRANSFER OF RIGHTS, RESPONSIBILITY
(1) This Agreement does not constitute the transfer of property rights or any other rights other than those explicitly stated therein. Any claim or attempt to transfer or delegate rights from any of the parties other than those specifically agreed is void.
(2) In case of force majeure, the Parties shall be relieved of liability under the conditions of Art. 79 of the Bulgarian Commerce act and the Vienna Convention for International Sale of goods.
10. RELATIONS BETWEEN THE PARTIES
No part of this Agreement shall be construed as a partnership or joint venture by the Parties nor constituting one Party as the other Party's Agent outside the specific arrangements of this Agreement.
11. COMMUNICATIONS
Any communication to be sent by one Party to the other under this Agreement or in connection with this Agreement shall be in writing and exchanged via electronic mail.
12. FINAL PROVISIONS
Art. 12.1 In the event that individual parts of this Agreement are contrary to the mandatory provisions of the Bulgarian legislation in force, these parts shall be considered as non-written and their nullity shall not lead to the nullity of the contract as a whole.
Art. 12.2 (1) Any amendment to and / or addition to this Agreement shall be made in writing for validity.
(2) All disputes arising in connection with the validity, performance, interpretation or termination of this Agreement shall be settled by the Parties in good faith through negotiations, consultations and mutually agreeable agreements and, if no agreement is reached, by a sole arbitrator according to the ICC Arbitration Rules, under the rules of Bulgarian law and with a place of arbitration Paris.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties with respect to the Agreement contained therein which supersedes all previous Agreements relating to this subject and may be amended only with the written consent of the Authorized Officers of both Parties. All pre-agreements, representations, guarantees, representations, negotiations, agreements and commitments are hereby replaced. Both Parties acknowledge that they have read this agreement and understand it by agreeing to be bound by all of the terms and conditions set out therein.