Arte Original provides service for viewing, selling and purchasing original works of art as well as limited edition prints and commercially exploiting digital images of works of art, principally through its website Arteoriginal.co.
These Terms and Conditions lay the rules of how the artist (hereinafter the “Sellers”) and users of the site (potential “Buyers”) can make transactions in this website. The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer.
The artworks are offered for sale subject to their availability. Each of the artwork offered comes with a technical note containing information about its subject, dimensions, and technique. To order an artwork, the buyer must select and place it in his/her cart and provide necessary personal information. The buyer will not be charged for the payment before the purchase offer has been validated, which is done within 48 hours by Arte Original in order to ensure the artwork’s availability from the seller. If the artwork is no longer available, an email informing the buyer will be sent to cancel the order.
Price and Terms of Payment
The artworks sale price is listed on the site in U.S. Dollars. If you are a buyer, you acknowledge that sales taxes, value added tax (VAT), goods and services (GST) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”) will be added to the final amount. Each party will be responsible for accompanying any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. The payment of the artwork price by the buyer to the seller is made via payment services available from Arteoriginal.co, credit care, or bank transfer. Transfer of ownership happens as soon as the full price has been paid by the buyer. Failure to pay the full price automatically cancels the sale and the artwork is put back for sale on the site.
Delivery of artworks is made to the address provided on the order summary form, during the business hours and according to the procedures and delivery schedules implemented by the various delivery service providers. Obligations regarding the delivery of the order – respecting the given schedules, the quality of packaging of the artwork, conformity of the later – are the sole responsibility of the seller, Arte Original shall in no case be held liable for failure to comply by the buyer, who is entitled to lodge a complaint against the delivery service provider.
Buyer has a period of 14 days from the delivery of the artwork to cancel the order without any cost or reason, while the artwork is in the original condition it was delivered in. Arte Original will then be responsible for handling the cancellation from the buyer and process the refund within 14 days following the date on which Arte Original has agreed to the cancellation of order by the buyer. The refund applies to the price of the artwork paid by the buyer. The returned artworks that are damaged by the buyer shall not be accepted nor refunded, Arte Original reserves the right to decide at its sole discretion.
The seller commits to respect and implement the statutory guarantees of the buyer, i.e.; the guarantee of non-compliance and the guarantee of hidden defects.
Intellectual Property and Copyright Policy
The seller guarantees that he/she is the author of the artwork and that does not violate any laws, regulations and standards in force, or affects the rights of third parties. The seller committed to protect Arte Original and the buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon sale, the seller assigns to the buyer the material of the artwork and its representation rights on the artwork. The seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
Arte Original respects the intellectual property rights of others and expects its users to do the same. It is Arte Original’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Arte Original gathers and retains the buyer and seller’s personal data to ensure proper execution of these terms.
Arte Original reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. Arte Original is committed to take all necessary measures to best protect the confidentiality of the information provided by the seller and the buyer.
In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Force majeure are considered cases of fortuitous events, those usually acknowledged by the jurisdiction of the state of Virginia, i.e. an event that is out of control of the debtor, which could not have been reasonably expected at the time of the control being concluded, and whose effects cannot be avoided by any appropriate measures. The party invoking force majeure must immediately notify the other party and Arte Original.
These general terms and conditions of sale are governed by laws of the state of Virginia. Any dispute arising out of the validity, interpretation or execution of these general terms and conditions shall be brought before the courts of the state of Virginia.