Date of last update: 2021/02/01
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions regulate the Contract between the “User" and "T.O.E.", a company registered c/o the Chamber Of Commerce of Livorno (R.E.A LI – 162700) and domiciled in Livorno, 57123 - Scali Aurelio Saffi, 35, which provides a service for the viewing, selling and purchasing of works of art through the website which is accessible at the address https://www.toeartmarket.com/.
These Terms and Conditions, the Privacy statement and any other policy linked to the same, shall regulate the access and utilization of the Services by the user and shall constitute a binding legal agreement between the user and T.O.E.
a) T.O.E. shall provide a service for the viewing, selling and purchasing of works of art through the website accessible at the address https://www.toeartmarket.com/ which will make it possible to bring sellers and purchasers into contact with each other for the “online” sale of goods and/or services (hereafter also “Marketplace”).
b) The User is interested in using the services offered by the Company through the “Website" and, therefore, manifests his/her consent herewith:
- to complying with the General Conditions of the Contract indicated below;
- to proceeding to utilize the website;
c) Users who intend to access the Website and join the Marketplace should sign this Contract containing the terms and conditions which discipline the Service of Accessing and Utilizing the Website, the Service for Joining the Marketplace, the Sales Service, and everything else that concerns the Service provided by T.O.E.
Access to the services
The Services are destined exclusively for people over the age of 18 (eighteen). Any access or utilization of the Services by persons aged under 18 (eighteen) shall be expressly prohibited. By accessing or utilizing the Services the user shall declare and guarantee to be at least 18 (eighteen) years old.
With all the above premises, by signing this document, the User,
HEREBY REQUESTS TO CONCLUDE
this Contract with "T.O.E.", a company registered c/o the Chamber Of Commerce of Livorno (R.E.A – 162700) and domiciled in Livorno, 57123 - Scali Aurelio Saffi, 35, the subject of which is a service for the viewing, selling and purchasing of works of art through the website accessible at the address https://www.toeartmarket.com/, and, therefore, the User's access to the Platform, the User's Joining the Marketplace and the utilization by the User of the Platform, the Platform Services, the Sales Service.
1 – Premises
1.1 The premises to the Contract shall constitute an integral and essential part of the same.
1) Conditions of purchase
The works published on the website may be purchased by clicking on “Add to the shopping cart”.
It is possible to make purchases on the online website as a:
a) Registered User by creating an account after completing our registration process. During registration you will be asked to provide some information (personal name or company name etc.) and to set up a username and a password. Once you have completed the registration process you will become a "Member" of the website. As a Member you can take advantage of the promotions and discounts on purchases proposed by T.O.E.;
b) Unregistered User You will be asked to provide your first name, last name, email address, telephone number and shipping address before proceeding to make a payment. The information registered will not be published on the website and will only be used by our staff for coordinating the shipment of the work purchased.
In the event that the work or the works selected in the purchase order are not available, T.O.E. Art Market shall undertake to promptly inform the User and reimburse the price of the work and the shipping expenses paid within a maximum of 14 (fourteen) days using the same method of payment chosen by the User.
2) Final purchase price
The Purchaser recognizes that the final purchase price includes the costs of shipping, packaging, any insurance and includes VAT, where applicable. The Purchaser recognizes that the final purchase price excludes any customs charges/taxes of the destination country.
All the prices, commission and other amounts referred to these Conditions of purchase shall be expressed in Euros.
The Purchaser recognizes that the prices indicated by the seller include the shipping costs (where not specifically indicated on the Website) or the taxes applicable, including any duties, for which the User shall be responsible and which shall be identified separately on the receipt.
3) Method of payment
The Purchaser may pay in two ways:
Online with a credit card through the Stripe payment platform, account T.O.E.
Bank transfer: Cassa di Risparmio di Volterra IBAN IT94A0637013900000010012684 - Bic/Swift CRVOIT3VXXX reason for payment: T.O.E. Art Market, first and last name of the purchaser and name of the work purchased.
The bank transfer should arrive within 7 (seven) working days from receipt of the e-mail confirming the order.
When the above methods of payment are used T.O.E. Art Market shall recognize all the relevant guarantees of safe purchase and all the methods of reimbursement. When other methods of payment are used which do not entail making the transaction through T.O.E. Art Market, the latter shall not assume any responsibility with regard to the successful outcome of the transaction and any returns and reimbursements, with the exclusion of the possibility of the parties to appeal against T.O.E. for any reason.
4) Membership Account
T.O.E. shall reserve the right to suspend or close your Membership Account in the event that the information provided during the registration process turns out to be inaccurate, out of date or incomplete. The user shall be responsible for keeping his/her password safe. The user shall undertake not to reveal his/her password to third parties and shall assume exclusive responsibility for any activities or actions carried out by his/her Account, independently from whether or not he/she authorized the said activities or actions.
5) Right of cancellation
The registered User or Member may cancel his/her account and data, at any time, by writing to firstname.lastname@example.org with the subject " User Member Cancellation".
6) Purchase guarantees
In compliance with our returns policy, Purchasers may exercise the right of withdrawal, i.e. decide to return the work to the seller without having to provide any motivation, within 14 (fourteen) calendar days from delivery, see art.15 Returns.
7) Conditions of sale
User Members may present the works of art they wish to sell through our services. The following entities may sell on our website:
artists who create their own works (Basic and Professional account)
galleries, companies and associations who wish to sell the works of the artists they represent
collectors and private persons who wish to sell works that they own (Plus account)
As a Member you can sell works of art on our website by choosing between three types of subscription:
Basic entering up to 3 (three) works for sale by the same contemporary artist
Professional entering up to 99 (ninety-nine) works for sale by the same contemporary artist
Plus enter an unlimited number of works for sale by one or more artists from any period
User Members recognize and accept that they are the sole person responsible and the owner of all the works of art made available by the same and placed for sale on their Basic and Professional account through our services. Plus User Members recognize and accept that they are the sole person responsible, representative or owner of all the works of art made available and placed for sale on their Plus account through our services.
The positioning of your account on our website and in the research and browsing results may be based on factors that include the title, key words and the price. T.O.E. reserves the right not to publish any work of art or content that may damage the interests of T.O.E.
8) Promotion of the works of art
The seller recognizes that T.O.E. shall reserve the right to promote and market the Works of Art through the use of promotions and/or discounts. The amount of the promotion or the discount may be applied in any period of the year to habitual purchaser Members. The promotions/discounts shall be applied to the sale price of the works of art proposed by the Seller on his/her Basic Member and Professional account. The promotions/discounts shall exclude packaging and shipping costs and works on Member Plus accounts.
The promotion/discount percentage shall not exceed 20% of the price proposed by the seller for the works of art of his/her own creation (Artist, Basic and Professional Member).
9) Sales Commission
No commission shall be applied to Purchasers of the works of art on our website.
Sellers shall pay a commission on each work of art sold through our Basic Member, Professional and Plus accounts. The commission for the bank management service costs shall be applied on the total sale amount including packaging and shipping costs, other commission shall be calculated on the sale price excluding shipping and packaging expenses.
The commissions for Basic and Professional Members are:
20% calculated on the Sale Price of each work of art excluding packaging and shipping expenses, up to € 2500,00 and 15% above that amount.
3,5% calculated on the Total Sale Price of each transaction for bank management service costs.
The commissions for Plus Members are:
3,5% calculated on the Total Sale Price of each transaction for bank management service costs.
Resale rights or royalties- DDS: Diritto di Seguito (Droit de Suite), Italian Legislative Decree no.118 dated 13/02/2006, in force in Italy since 9 April 2006 - shall be applied to galleries, companies and private persons that put up for sale works of art that they have not created or works of art by artists that they represent.
These royalties shall be charged to the Seller and calculated on sale prices equal to or above € 3,000 and shall in no case be greater than € 12,500 per work.
The royalty amount to be paid shall be determined as follows:
4% for sales up to 50.000€
3% for the part of the sale comprised betweena 50.000,01 and 200.000€
1% for the part of the sale comprised between 200.000,01 and 350.000€
0,50% for the part of the sale comprised between 350.000,01 and 500.000€
0,25% on sale prices above 500.000€.
The royalties charged to the Seller shall be paid by T.O.E. to the S.I.A.E. (Italian Society of Authors and Publishers) as established by the Law.
11) Responsibility for the Works
User Members recognize and accept that they are the sole person responsible for all the Works of Art made available by the same and placed for sale on their Member account through our services. As a consequence, the user declares and guarantees that: with regard to the works of art created by the same (Artist) and those not created by the same (galleries, companies and associations, collectors and private persons) placed for sale on his/her Member account, to be the sole and exclusive owner of all the rights, mandates, licenses, approvals and disclaimers for the publication and sale on our website. Moreover, the user declares and guarantees that the works published on his/her account do not breach or misappropriate patents, copyrights, trademarks or moral rights or other third-party intellectual property rights, or advertising or privacy rights.
12) Shipment of the works
The shipping costs and other delivery charges shall be charged to the Purchaser. The Seller shall guarantee that the work is dispatched within 30 (thirty) days from receipt of the order, providing adequate packaging of the work and undertaking to choose the most suitable carrier for the transport. After organizing the shipment, the Seller should immediately send the details to T.O.E Art Market, using the email addresses provided in the email confirming the sale. The Seller should undertake to supply any certificate of authenticity accompanying the work of art purchased.
Upon shipment of the work and after the 14 (fourteen) days of the period available for returns has expired, or at any time that the receipt of the work has been confirmed by the Purchaser, the Seller shall send the Purchaser an invoice or receipt for the amount received from the sale, according to the tax regime of the same.
Upon the conclusion of the sale, the Seller shall receive a purchase invoice from T.O.E. Art Market for any sum received as commission.
14) Destination of the services
The Services shall be destined exclusively for people over the age of 18 (eighteen). Any access or utilization of the Services by persons aged under 18 (eighteen) shall be expressly prohibited. By accessing or utilizing the Services the user shall declare and guarantee to be at least 18 (eighteen) years old.
The User, who shall act as the Purchaser, shall have the right to withdraw, without penalties and without any need to specify the reasons, within no more than 14 (fourteen) days from receipt of the work. In order to exercise the right of withdrawal the User should, before the term of 14 (fourteen) days has expired, inform T.O.E. Art Market of his/her decision by sending written notification to the following address: T.O.E. Art Market - operational headquarters, Via Luigi Boccherini, 22, 57124 – Livorno (Italy) within 14 (fourteen) days from receipt of the Products.
This notification may be sent via the postal service or by e-mail (email@example.com). It is possible to use the form which can be found by following this Link.
The User shall be obliged to return the works received in an intact state. The Products should be carefully packaged in order to protect the original works from damage. There will be no right to reimbursement for damaged works. The direct cost of returning the works and any insurance shall be charged to the Purchaser User.
Upon the exercising of the right of withdrawal in accordance with the above paragraphs, T.O.E. Art Market shall undertake to reimburse the purchase price paid by the Purchaser User using the same method of payment chosen by the User. T.O.E. Art Market may withhold the reimbursement until the user Seller has received the returned work of art and ascertained that it is intact.
16) Confidentiality obligation
The User shall acknowledge that all the information acquired after entering into the contract (such as, by way of an example, the terms and methods of the functioning of the service, the economic conditions established by the parties), shall have a "confidential" nature and the User shall, therefore, undertake vis-à-vis T.O.E. to:
a) utilize this information exclusively within the sphere of the purposes stated in the premises;
b) protect the confidential nature of this information;
c) refrain from divulging this information to any subjects who are not administrators, employees or consultants of the same who shall be obliged, in order to carry out their functions, to receive and consider this information for the sole aim of pursuing the purposes in the premises and who should be informed of the confidential nature of the Confidential Information.
17) Processing of Personal Data (of Sellers and Purchasers)
17.1, In accordance with the provisions of the Privacy Code (Italian Legislative Decree, no. 196 dated 30 June 2003) and EU Regulation no. 2016/679, in the full awareness that the processing shall also concern sensitive data as per art. 4, paragraph 1d) and per art. 26 of Italian Legislative Decree 196/2003, the Parties hereby consent to the processing of the data necessary for the execution of the contractual relationship.
17.2 The User gives his/her consent to the processing of the information necessary for the activation and functioning of the services offered by the Website. In this regard the User hereby recognizes that the information as per the statement regarding the processing of personal data shall be understood to be provided free of charge.
17.3 Moreover, the User expressly authorizes T.O.E. – either directly or through commercial partners - to send, by email, SMS and/or using technological methods available from time to time on the devices used by the Seller (for example smartphone notifications), messages regarding the services offered through the Website and/or promotional initiatives launched by T.O.E.
The User shall be permitted at any time to request the disabling of the service which sends these messages.
18) Transferal of the contract
The User shall be prohibited from transferring all or part of this contract. In the event of the breach of this provision T.O.E. shall have the right to suspend the Sales Service and deactivate the account.
19) Rights that the user attributes to T.O.E Art Market
By publishing their content, each user with a Basic Member, Professional and Plus account shall grant T.O.E. Art Market a nonexclusive license, on a worldwide level, that is free of charge, irrevocable, transferrable and lifelong to utilize, view, modify, reproduce and store images derived from the user's Content. This shall allow us to provide the Services and promote T.O.E Art Market, the user's page, or the Services in general, in any format and through any channel, including the Services of T.O.E. Art Market or any third-party website or advertising vehicle. The user agrees not to claim any moral or advertising rights from us with regard to the utilization of his/her Content. Moreover, the user recognizes our legitimate interest in utilizing this content, in compliance with the purposes of this license, in the measure in which the content contains personal information.
20) Applicable law, jurisdiction and competent court. Alternative resolution of disputes.
These Conditions and the orders issued by virtue of the same shall be subject to Italian law. Any disputes related to the interpretation and/or execution of these Conditions and the orders issued by virtue of the same shall be the exclusive competence of the court of Livorno (Italy) in the case of purchases made by Users who cannot be qualified as consumers, or of the court of residence or domicile of the User in the case of purchases made by Users who can be qualified as consumers.
Consumers resident in the European Union may also take advantage of the platform that the European Commission has set up online regarding the alternative resolution of disputes. This instrument may be used by European consumers to resolve, in a non-judicial manner, any dispute related to and/or deriving from sales contracts for goods or services stipulated online. As a result, and with the exception of the provisions of article 16 above, Users making purchases as a consumer may use this platform for the resolution of any dispute arising from the online contract stipulated with T.O.E. Art Market. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
21) Amendments to the General Conditions
21.1 - T.O.E. Art Market shall reserve the right, at its exclusive discretion, to amend, interrupt or cease the Services and/or amend these Terms and Conditions at any time and without notice. In the event of amendments, we shall undertake to publish the same and notify the user via e-mail, also updating the "Date of last update". The user indicates his/her acceptance of being bound by the amended Terms by continuing to access or use the Services after we have published an amendment to the Terms and Conditions or he/she has been notified about an amendment. If the amended Terms are not acceptable to the user, his/her only recourse is to cease using the Services offered. Users are invited to regularly check and review these Terms.
21.2 In the event that a clause or provision of these General Conditions should be declared null or ineffective, the General Conditions shall continue to be fully and completely effective with regard to the remaining part, unless either of the two Parties demonstrates that the clause in question was determinant for the purposes of their signing the same.
21.3 T.O.E. shall undertake to notify the Client of every amendment related to the Marketplace Contract giving no less than 30 (thirty) days' notice from the date on which the said amendments come into effect.
Users who do not intend to accept the amendments proposed by T.O.E. should notify their intention to withdraw, in writing, by no later than the aforementioned date. The User shall in any case be obliged to pay any amounts accrued up until the date on which the withdrawal becomes effective. The failure to exercise the right of withdrawal within the terms stated above shall constitute acceptance of the amendments adopted by T.O.E.
All notifications related to this contract shall be made in writing to the addresses available on the website.
We are pleased to provide these regulations in English but it is important to clarify that the use of the services of T.O.E. Art Market shall be regulated by the Italian language version of this document which shall prevail over the other versions.
The User recognizes and accepts that, by accessing or utilizing the services or selling or purchasing a work on or through the Services or by publishing any content on the services, he/she indicates to have read or understood and accepted to be bound by these terms, independently from whether he/she has registered for the services or not.
Users who fail to accept these terms and the privacy statement shall have no right to access or use the services.