These are the GENERAL TERMS & CONDITIONS relating to the purchase of a work of art via the website www.artworkcircle.lu (version n°1 from December 1, 2015)
Article 1: OBJECT
This document entitled “GENERAL TERMS & CONDITIONS” relating to the purchase of a work of art put up for sale by an artist via the website www.artworkcircle.lu (known hereafter as “GPTC”) regulates the terms and conditions for all sales of works of art by an artist to a client resident in the European Union.
Article 2: 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 duly mandated EE to publish details of their work via the website.
- “Client” or “You”: any third party making a purchase via the website
- “GPTC”: these general terms and conditions regulating the purchase of works of art conditions via the website.
- “GTC”: the general terms and conditions concerning the use of the website.
- “Order”: an order of a work of art placed by a client on the basis of the GPTC
- “Contract”: the sales contract concluded between the client and the artist based on the aforementioned conditions.
- “EE”: the company Engineered Experience S.A., headquarters located at L-2430 Luxembourg, 34, rue Michel Rodange, registered in the Luxembourg commercial company register under the number B175607, owner and operator of the website
- “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 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.
Article 3: FIELD OF APPLICATION
The GPTC are binding between the Client, the Artist and EE. THE GPTC published on the day of any purchase made by a Client of a work of art from an Artist are binding.
Article 4: LANGUAGE
The GPTC are described in French. The menu and other texts related to the general browsing of the website are in French.
Article 5: DECLARATIONS MADE BY ALL PARTIES
5.1 Declarations made by EE
EE declares that it will act as an independent third party to promote works of art. The works of art presented via the website are for sale and may be purchased by a Client from an Artist. EE is not the vendor of such works of art and only acts on behalf of an Artist to facilitate the sale of a work of art. As EE is not the vendor, it cannot assume any responsibility for the accuracy of the information contained in the description
5.2 Declarations made by the Artist (vendor)
Unless otherwise indicated on the website, the information included in an announcement on the website no matter the format (photograph, text, etc.), serves to inform a prospective client and in no way constitutes a contract.
5.3 Declarations made by the Client
By accessing the website and opening an account with the intention to transmit an order, the Client tacitly agrees to accept the GPTC published on the website. The Client accepts that the purchase of a work of art via the website can only be accepted if the delivery address is in the European Union. When perusing the website with an intention to make a purchase, the Client accepts the obligation to read the totality of the GPTC, to declare that he/she has read and understood them including all the terms and to accept them in their totality without reservation before purchasing a work of art. Before confirming an order with an Artist, the Client must tick the box agreeing to abide by the GPTC, which include a reference to said terms and conditions. By confirming his/her order, the Client declares acceptance and understanding of the GPTC and agrees to abide by them without any reservations.
Article 6: ORDER AND SALES CONTRACT
Unless otherwise indicated in the announcement, if the Client is interested in purchasing a work of art, he/she must do so via the website. The Artist must accept any order passed under these conditions as a transaction between the Client and the Artist.
6.1 Placing an order in 3 clicks
Unless otherwise indicated in the announcement, the information included in an announcement on the website does not constitute any sort of contractual obligation on the part of the Client to purchase, and does not constitute any form of contract between the Client and the Artist. An order can be placed in a series of three clicks, as follows :
- with the first click, the Client adds the Work of art he/she wished to the basket on the website;
- with a second click, the Client takes the GPTC into account and accepts them;
- with the third and final click, the Client confirms the order.
The act of confirming the order automatically transmits an order from the Client to the Artist.
Unless otherwise indicated on the website, from the moment the order confirmation is transmitted to the Artist, the latter has five (5) days to accept or decline the order by clicking the relevant box “order confirmation request” in his/her personal space. Should no order confirmation be emitted, both the Artist and the Client will receive automatic notification via the website that the order has not been confirmed and has therefore been automatically cancelled. Once the Artist has confirmed an order, the contract between the Client and the Artist becomes effective.
6.3 Conclusion of a contract
Unless otherwise indicated on the website, a contract of sale becomes effective at the moment when the Artist sends the confirmation of sale. The contract is made in the name of the Artist. EE will send the Client a notification via his/her personal space to confirm the conclusion of the contract with the Artist, which covers the following points:
- the most characteristic elements of the Work of art;
- the Artist’s identity and coordinates;
- the price of the work of art and the cost of delivery;
- the terms and conditions applicable to payment for the work of art;
- the existence and conditions pertaining to an order cancellation;
- the expected delivery period;
- the general terms and conditions relating to the purchase of the Work of art;
- the invoice in the Artist’s name requesting payment within one week of the date of the invoice of the amount indicated on the invoice including the cost of delivery based on the information supplied by the purchaser by transfer to EE’s bank account.
6.4 Proof of contract
Notwithstanding the above, the Artist, the Client and EE accept that the digital registration in their respective IT systems abiding by normally acceptable security measures constitutes a proof of conclusion of a contract between the Client and the Artist.
Article 7: INVOICING AND PAYMENT
7.1 Price The cost of a work of art is shown on the website in Euro (€) including VAT, but excluding delivery charges. The probable cost of delivery is indicated on the website; the final amount will be calculated on the basis of the delivery address indicated by the Client. The total amount of the order confirmed by the Artist will be sent to the Client in the confirmation mentioned under article 6.3. The invoice relating to the sale of a work of art by an Artist will be sent to the Client by email to the address indicated in the dedicated area of the client’s account. The client may also download his/her invoice from his/her dedicated space.
7.2 Payment The invoice for the work of art must be paid by bank transfer to the account of EE within one week of the date of the invoice. Once EE has received payment for the work of art from the Client, the Artist will be notified. No later than 48 hours after reception of this notification, the Artist agrees to make the work of art available for delivery and to package it for transport.
7.3 Payment methods The following methods of payment are available to the Client via his/her dedicated space on the website as a means of purchasing a Work of art:
- payment by bank transfer
Article 8: AVAILABILITY AND DELIVERY OF A WORK OF ART
8.1 Availability All Artists will publish details related to the availability of a Work of art via the website. A Client may only order as many Works of art as are in stock via the Website and special offers are only available during a specific period of time as indicated on the website. After reception of an order, the Artist undertakes to notify the Client as soon as possible if the chosen work of art is no longer available.
8.2 Delivery address All Works of art bought via the website can only be delivered to an address in the European Union. Deliveries will be made to the requested address following reception of total payment of the invoiced amount. At a later stage the addresses of different collection points will be added in case a Client prefers this form of delivery. No delivery will be made to a PO Box address. If the Client is not able to take delivery of the work of art at the agreed time, he/she needs to contact the Artist via the website to arrange a new delivery date; any additional costs involved must be paid before the delivery can be made.
8.3 Delivery date A delivery date indicated on the website before an order has been confirmed is not binding and merely provides an estimated date; such a date is not binding neither for the Artist nor for EE. The Artist engages to do everything in his/her power to ensure that the delivery date shown at the time of the order confirmation is respected; should this not be the case, he/she will inform the Client of any changes.
8.4 Delivery costs Delivery costs are calculated on the basis of the details supplied by the Client when placing the order and to a stated delivery address; and with respect to the articles included under 6.3 above.
Article 9: RISKS AND PROPERTY RIGHTS
The transfer of ownership of a work of art acquired by a Client does not occur until EE has received payment of the full invoiced amount. The transfer of risks occurs at the moment when the Client accepts delivery of the work of art.
Article 10 : RIGHT OF CANCELLATION
The Artist grants the Client the right to cancel his/her order up to 14 days after receiving the work of art. Once this period has expired, the purchase contract between the Client and the Artist becomes binding. If the Client decides to make use of his/her right of cancellation within the stated period, he/she must send a message to this effect via his/her dedicated area on the website. At the same time, the Client must take pictures of the work of art to document its condition before packing it up for transport. EE will organise the transport of the work of art at the Client’s expense. The Client and the Artist will be notified via their dedicated areas that the work of art has been collected for return to the Artist.
Article 11: FINAL DECLARATIONS AND LIABILITY
The Client declares that he/she understands and accepts that the contract for the purchase of a work of art concluded via the website has been made between him/herself and the Artist. The Client and the Artist accept that EE’s sole role is to facilitate contacts between Artists and Clients regarding the promotion of works of art via the website. The Client and Artist declare that they have read all the references to the work of art and the purchase contract published via the website and that the transaction is a private affair without incurring any liability on the part of EE for any aspect of the sale. In all events, EE’s liability is restricted to a maximum amount of € 5,000.
Article 12: INTELLECTUAL PROPERTY RIGHTS
The Artist remains the owner of all the intellectual property rights relating to all works of art promoted via the website.
Should any aspect of these GPTC be declared invalid by a court or settlement, this aspect will be considered unwritten without imputing on the validity of any of the other articles of the GPTC, nor will it alter the conditions stated in these articles, which retain their validity.
Article 14: APPLICABLE LAW AND COMPETENT JURISDICTION
These GPTC are bound by Luxembourgish law. Any litigation regarding the validity, execution and/or interpretation of these GPTC will only be disputed in a Luxembourg court, unless the parties involved have reached other written agreement.