General Conditions of Use

WEBSITE WWW.ARTWORKCIRCLE.lu

These general terms & conditions are the first version produced on December 1st 2015.

0. INTRODUCYION
The company Engineered Experience S.A. (called hereafter “the Company”), with its headquarters registered at L-2430 Luxembourg, 34 rue Michel Rodange, registered in the Luxembourg commercial company register under the number B175607 represented by the current operational manager, is the owner and operator of the website  www.artworkcircle.lu (called hereafter “the Website”) which is a website to promote artists and their works of art, thus permitting them to display their works of art on line to any third parties who may be interested with a view to purchasing one or more of the works of art exhibited for sale by the artists. The following terms are the binding general terms and conditions with regard to all use of the website (called hereafter “GTC”).

1. DEFINITIONS
The following terms, included in this document, must be read and interpreted as singular or plural depending on the context:

    • “Artist”: those artists, who have mandated EE to publish details of their work via the Website.

 

    • “CGU”: the general terms and conditions accepted by the Users of the Website.

 

    • “Account”: any user account created by registering via the Website and pertaining to personal contact details providing access to the services proposed via the Website.

 

    • “Content”: the totality of texts, graphic content, user interfaces, visual interfaces, photographs, commercial brand names, logos, sound, music, illustrations, the numeric code of the Website and all information stored in the Website’s database.

 

    • “Works of art”: works of art produced and sold by Artists who are presented via the Website, which will be delivered to an address within the European Union once a sale has been concluded on the basis of the General Purchase Terms & Conditions (GPTC).

 

    • “Website”: the website of the platform dedicated to the promotion of works of art, accessible via the address www.artworkcircle.lu including the totality of the web pages, products and services made available to the Users and described in French.

 

    • “Services”: the services made available via the Website (creation of an account, publication of a sale notice for an artist, reception of payment for a work of art purchased by the User, delivery organisation).

 

    • “Company”: the company Engineered Experience S.A., with its headquarters at L-2430 Luxembourg, 34 rue Michel Rodange, registered in the Luxembourg commercial company register under the number B 175607, owner and operator of the Website.

“User”:  every physical or moral person, artist or potential client, purchaser, vendor or visitor, who accesses or navigates around the Website by whatever means or other or who uses the services provided by the Website or who opens a user account via the Website.

2. GENERAL CONDITIONS
The company’s role is limited to the provision of access to the Website to its Users and to the provision of various services to Website Users. All sales contracts are concluded exclusively between the Users of the Website and the Artists without any involvement of the company whatsoever as a representative of the Artists. The Users recognise and accept that the Company only acts as an intermediary between the Users of the Website and the Artists and that it neither purchases nor sells works of art.

3. OBJECT
These GTC apply to the Website www.artworkcircle.lu and to all other websites associated with or linked to www.artworkcircle.lu. These GTC define the terms of use of the Website by its Users and the conditions under which the services may be used by the Users of the Website.

4. ACCESS TO THE WEBSITE
Access to the Website is made possible by entering the website address in an appliance connected to the Internet, the company assumes no responsibility for the legality of the aforementioned connection and is reserved for physical and moral persons, who – in accordance with current legislation, for example legislation relating to legal personalities and legal capacities – are legally capable of entering into a contract with one another and accepting and agreeing to abide by these GTC. Any person, who has not yet reached the legal age of maturity as defined by the laws of their country of residence, is not allowed to access and/or use the Website. The Company reserves the right to modify, suspend or block entire or partial access to or operation of the Website, without prior notice and at any moment, for any reason and to interrupt any part or the entire operation of the Website in order to carry out regular maintenance work, to deal with faults or to make any necessary modifications.

5. ACCEPTANCE
All access to, navigation of, creation of an Account or any other form of use of the Website requires the prior immediate and unconditional acceptance of these GTC by the User. Should any user disagree with these GTC, he/she will be required to delete his/her Account and to discontinue any future access to the Website and its services.

6. USE OF THE WEBSITE
Users are not authorised and are forbidden under all circumstances to:

    • use any means, programmes, algorithms or any other automated methods, for example with a view to conducting “data probes”, “deep linking”, “page crawling”, “robot” or “spider” or any other similar or comparable manual process designed to access, acquire, copy or monitor any part of the Website or its Content;

 

    • reproduce or adapt the Website structure or its presentation or Content;

 

    • procure or attempt to procure data, documents or information whether visible on the Website or not;

 

    • access unlawfully any section or function of the Website, or any other system or network connected to the Website or one of the company’s servers, nor any of the services on offer via the Website using pirate software, illegal acquisition of passwords or any other illegal method;

 

    • probe, analyse or test the Website or the website’s network for weak spots, nor to compromise security and identification procedures installed on the Website or on the networks connected to the Website;

 

    • follow up, trace or attempt to trace information about the Website’s other users or visitors to the Website, or the other clients of the Company, notably to identify details of accounts other than the holder’s own, nor to exploit the Website or its services or the information made available or supplied via the Website by any means or other and for whatever purpose, above all to use personal identification information or other information other than the user’s own personal information such as is published on the Website;
    • copy the headings and brand names displayed on the Website or to manipulate the log-ins in any possible way to falsify the source of a message or notification sent to a company on or via the Website, or via a service made available on or via the Website;

 

    • use any sort of device, software or programme to impede the correct functioning of the Website or of any transaction carried out via the Website or the use of the Website by any other third party;
    • use the Website or its services in breach of accepted practices and with the intent of shocking or insulting a specific group of people. The use of any names, words, announcements, publications or false references of a racist, discriminatory, hurtful, ethnically incorrect, religious, political, sexual or pornographic nature, or which allude to illegal substances forbidden by Luxembourg law or which infringe on the author’s rights of intellectual property are strictly forbidden;

 

    • use the Website or its Content for an illegal purpose or in any way excluded by these GTC, or with the aim of supporting an illegal activity or of impinging on the rights of the Company or any third party;

 

  • browse on and use the Website for any other reason than to consult offers of works of art for sale and to acquire property thanks to the creation of a User Account and by using the services on offer.

The Users agree to not undertake any action, which may cause undue or excessive strain on the website infrastructure or its systems or the Company’s networks, or on the whole system or network connected to the Website or the Company. The Users agree to abide by the GTC.

7. LINKS TO OTHER WEBSITES
In the event of links being created to other websites, please note that the Company does not have any control over the content displayed on websites linked to the Website. Furthermore, by clicking on certain links, you leave the current Website. The User decides to access another site at his/her own risk and of his/her own volition. The Company cannot accept any responsibility for the Content displayed on other Internet websites, which are beyond its control, neither for their legality or the accuracy of the information on display, nor for any direct or indirect damage caused by their use or consultation. The Company declares that no link to this Website may be set up without its express prior written permission.

8. USER ACCOUNT

    • 8.1 General conditions

Access to the services proposed by the Website is subject to prior acceptance of the GTC and the creation of an account via the Website. In order to create an Account, the User must be a physical or moral person in full possession of his/her capacities and legally capable of entering into contractual commitments. No underage physical person may create a User Account. The Account serves as a secure access to the Website provided by the Company to the User based on his/her personal authentication. The Account remains the property of the Company. Provided the User does not violate these GTC, the Company will grant the User personal limited access to the Website and its range of services, which is not exclusive and not transferable.

    • 8.2 Creation of an account

When creating an account, the User agrees to respect the use of the Website by:

    • supplying complete, up to date, correct and verifiable personal information together with a valid personal email address;

 

    • not using automated methods to create an Account based on a false identity or with fraudulent intent, which is strictly forbidden;
    • creating and using one single account for the use of the services proposed via the Website;
    • not using a pseudonym and/or an identification (email address), which could be deemed to be shocking or insulting to a certain group of people. The use of any names, words, announcements, publications or false references of a racist, discriminatory, hurtful, ethnically incorrect, religious, political, sexual or pornographic nature, or which allude to illegal substances forbidden by Luxembourg law or which infringe on the author’s rights of intellectual property are strictly forbidden; In every event, the interpretation of respect or non-respect of these rules is left to the discretion of the Company. In order to open a User Account, the User must provide the following information:
    • Title or form of address;
    • Name and surname or company name,
    • Date of birth or of constitution;
    • Postal address for invoicing and delivery;

 

    • Telephone number;
    • A valid personal email address;
    • Password;
    • Confirmation of password;
    • Details of how he/she heard about the Website (useful information for the Company);

In order to validate this information and the creation of an account, the User must tick the box marked “continue”, which automatically opens a link to the GTC of the Website; the User must tick the box marked “I accept the GTC” to confirm that he/she has read these terms and accepts the GTC unconditionally and agrees to abide by them in order to finalise the creation of his/her Account.

    • 8.3 Account security and confidentiality

In order to guarantee the security of an Account, the User agrees to:

    • not grant any third-party access to the Account. It is forbidden to loan, share, exchange, donate, purchase, transfer or sell an account. The Company must not accept any form of loan, sharing, exchange, donation, purchase, transfer or sale of an Account;
    • take all possible measures to ensure that no third party obtains information about his/her log in details and password or succeeds in accessing the Account by any other means, even without his/her knowledge;

 

    • not use another user’s Account;
    • not pass on or allow a third party to pass on the log in and/or password for an Account;

 

    • use a personal email address and to not share this email address with a third party.
    • The User agrees to notify the Company immediately in the event of unauthorised use of his/her Account or even if there is a suspicion of unauthorised use of the Account or in the event of any other violation of the above-mentioned security guidelines. In any case, notwithstanding the above-mentioned obligation of notification, the User accepts that he/she is exclusively responsible for all use of the Account by a third party and any subsequent direct or indirect consequences to the Company or another Website User.                       8.4 Use of the Account

The User agrees to use the Account and the services provided via the Website in a sensible manner, exercising due care and attention towards the Company, third parties and the other Users. Any use of an Account in contravention of these GTC is prohibited. The Company reserves the right to freeze or delete access to the Account of any User, who contravene these GTC or in the event of Website maintenance work or software updates, whether partially, completely, temporarily or definitively.

9. NEWSLETTER
A User may subscribe to the Website newsletter whether he/she already has an Account or not and will thus be informed on a regular basis about new works of art and other news relating to the Website.

10. INTELLECTUAL PROPERTY
Any content of the Website or made available via the Website, such as the design, structure, selection, coordination, expression, presentation and layout of such content, remains the property of the Company and is protected under Luxembourg and international legislation relating to intellectual property, authors’ rights, brand name and trademark rights, data base protection and various other laws relating to intellectual property and competition. No Website content may be copied, reproduced, republished, downloaded, published, presented in public, encoded, translated, transmitted or released by any means whether via another computer, server, website or publication or broadcast, or for any commercial reason without express prior written authorisation from the Company. All content and all the information contained in the Website database remain Company property. The consultation and use of such databases do not in any way constitute a transfer of the rights of property regarding such information to the User.

11. PERSONAL DATA AND CONFIDENTIALITY

    • 11.1 Personal data

The User recognises and accepts that despite the care taken by the Company to ensure the security of the Website, content communicated and transmitted via the Internet is never completely confidential and secure and that every form of communication or publication may be read or intercepted by a third party. The Company agrees to abide by current legislation with respect to personal data protection, for example the law modified on August 2nd 2002 relating to personal data protection with respect to the treatment of personal data and the law modified on May 30th 2005 relating to specific measures to protect a person with regard to the treatment of personal data in the field of electronic communication. Any personal data passed on by a User may only be used to provide such services as are offered by the Company via the Website, as well as for any commercial transaction between the Company and the User. The Company informs the User that he/she must accept that the Company reserves the right to subcontract the treatment of the User’s personal data under strict compliance with current relevant legislation and without any further notice to the User. In compliance with the law modified on August 2nd 2002 relating to the protection of personal data, every User has the right to access, modify, rectify and delete personal data. In order to exercise this right, the User must contact the relative Company, which is responsible for the processing of personal User data transmitted for the creation of an account. The company agrees not to divulge any information to which it has access to another company, which supplies similar services, except for the purpose of subcontracting the treatment of personal data in complete compliance with existing legislation.

    • 11.2 Confidentiality

All personal User data and any information related to operations carried out by the User are confidential and will neither be sold nor transmitted by the Company to any third party, except if ordered to do so for legal reasons. The Company reserves the right to divulge any information about the User and any operations conducted by the latter via the Website in the case of a disagreement, a legal case or a pending or ongoing court action or in the case of contempt of the GTC with respect to use of the Website of the services offered via the website. The Company also reserves the right, at any given moment, to divulge any information it judges necessary in order to comply with current legislation, regulations, legal proceedings or a governmental request.

    • 11.3 Third parties and exceptions

The Company reserves the right to employ third party service providers, who will process User’s personal data on behalf of and in the name of the Company in order to ensure that all necessary tasks relating to the provision of services, the delivery of works of art, the processing of User payments and to combat fraud are carried out.

    • 11.4 Cookies

This article serves to provide the User with information about the type of cookies used on the Website and their characteristics. Cookies are small data units emitted by the Web server consulted by a User and registered on the hard disks of its computer. Cookies are used for the following reasons:

    • To ensure that a User can navigate around the Website using its full potential, such as for example gaining access to the secure parts of certain pages. These Cookies are only used in certain essential areas of the Website. This type of Cookie is not usually a permanent installation, unless this is deemed an absolute necessity.
    • To register certain User preferences, such as preferred language. They also enable the User to benefit from an enhanced and more personalised use of the Website.

 

    • To collate data relating to User behaviour. Such information can then be used to generate reports designed to improve the Website. All such information is gathered anonymously.
    • To circulate advertising based on the User’s preferences and interests. These Cookies may also be used to measure the efficacy of a publicity campaign, which was targeted at the User when he/she consulted certain predefined pages.

 

    • 11.5 Cookie Management

The Cookies used on the Website are primarily designed to optimise the User navigation experience. The Company is committed to respecting and protecting the User’s private sphere. The Cookies are used by the Company and conform with current legislation. When visiting the Website for the first time, a pop-up message on the screen informs the User of the existence of Cookies and also gives him/her several potential fields of action: to continue using the Website without deactivating them, to leave the Website or to continue without deactivating some or all the Cookies. If the User continues to use the Website without selecting one of these options or by ticking the box “continue without deactivating the Cookies”, the User accepts that Cookies will be installed on his/her computer. The User accepts that the Company has access to the data collated by the Cookies and that this information will be stored. Such stocking or access to information constitutes a personal form of data processing with a view to carrying out the tasks mentioned in this article whilst still respecting the right to privacy and to the protection of personal data. The User may, at any moment and at no additional charge, withdraw his/her permission by deactivating these Cookies. In accordance with the protection of personal data and the private sphere, the User retains the right to access and/or rectify the data collated by these Cookies at any given moment. He/she also retains the right to contest at no additional charge any form of data processing with a view to promoting certain products and services by making a written request to the company in charge of such data processing as described under article 11.1. This written request must be signed, dated and accompanied by a copy of the User’s ID card.

12. WEBSITE SECURITY
The Company does not provide any guarantee as to the security of the Website, nor of the User account, nor with regard to the risk of any possible virus attack or other computer malware, which could befall the User following the use of the Website. The User accepts that he/she accesses the Website at his/her own risk based on the known risks linked with accessing the Internet.

13. THE INFORMATION AND ADVERTISING ON THE WEBSITE
The Users accept that all information provided via the Website is of a purely indicative nature and is published with no claim to be current, exhaustive, up to date or accurate. The Artists are solely responsible for the information published via the Website. The Artists agree to publish information, prices and announcements, which:

    • do not refer to counterfeit or stolen goods;

 

    • do not compromise the interests, reputation or the image of the Company;
    • do not contain any defamatory or injurious allegation, which could cause offence to any specific group of people;

 

    • are neither illicit, nor contravene the principles of loyalty, decency, human dignity, public order and moral standards.

The Company must immediately revoke any activity, information, offer or content of illicit nature or which contravenes these GTC published by a User on the Website. The Company reserves the right to modify, rectify and erase any information, prices or announcements which contravene these GTC.

14. EXCLUSION AND PERSONAL LIABILITY
The Company only intervenes as a service provider and intermediary between the Users of the Website. In no event may the Company be held responsible for the failure of any User to take appropriate action with respect to the obligations linked to the sale, purchase, hire or any other agreements relating to a work of art, such agreements are solely concluded between the Website Users with the exception of the Company. The Company declines all responsibility and guarantees concerning the exactness, the authenticity or the quality of the works of art proposed via the Website towards all Users and Artists. The Company may not be held responsible for the information and content published by the Users of the services proposed via the Website. The Company is not obliged to check or overview the information and content published via the Website. Each User is solely responsible for his/her use of the Website and may not make the Company responsible for any direct or indirect damage of no matter what nature resulting from the access to, navigation of, use of the Website or use of the services proposed via the Website, including the loss or corruption of any files or data stocked on the User’s computer or any other appliance which was connected to or inserted into it. Furthermore, the Company does not guarantee that the Website or content or services and the website functions are free from faults or remain permanently accessible, that any possible faults will be corrected, nor that use of the Website will result in a specific outcome. The Company cannot guarantee that the files and data, which are available for consultation or download are free from virus or any other programmes or malevolent functions. Furthermore, the Company declines all responsibility with regards to the actions, omissions or behaviour of Users or third parties in connection or associated with use of the Website. The Company cannot be held responsible for any damage caused to the Users or to a third party in the event of misappropriation of information, data or accounts related to the Website by an unauthorised person. In general, the Company’s responsibility does not extend to any damage incurred or caused by a third party. Furthermore, the Company’s responsibility is excluded in the event of the non-execution of obligations or of obligations described in the GTC in the event of an act of God or the fault of a third party. Company liability towards a User is limited to the event of wilful misrepresentation or serious misconduct to a single payment indemnifying all the direct damage caused to the User as a result of this event of not more than €5000 unless the real damage is worth less in which case the value of the real damage experienced by the User will be paid out.

15. GENERAL CONDITIONS

    • Partial invalidity

Should one or several clauses of the present GTC be declared invalid, the other clauses of the GTC retain their validity.

    • Lack of renunciation

The fact that at a given moment the Company may decide not to apply these GTC strictly or to assert a right described in the GTC may not be taken to indicate or imply a complete renunciation of the validity of these clauses.

    • Modifications of the GTC

The GTC applied are those posted via the Website and may be modified at any given time. The Company reserves the right at its discretion and at any moment in time to change, modify, supplement or delete nay part of the GTC. It is the User’s responsibility to consult the GTC at regular intervals to determine whether any changes have been made. Use of the Website by a User after the implementation of any changes to the GTC automatically implies acceptance of these changes. Changes to the GTC may also be announced by email to all Users for information before the Website is updated.

    • Jurisdiction and applicable legislation

Any litigation which occurs or may occur concerning the validity, the acceptance, the execution and the interpretation of these GTC must be heard exclusively before a court in Luxembourg town. These GTC are subject to current Luxembourg legislation.