General

Picassart SPRL is a Belgian company whose registered office is located at 53, Chaussée de Waterloo, 5000 Namur, and which is registered under business number 0676.563.815.

Picassart provides advertisers (hereinafter the “Advertiser(s)”) with its Internet platform www.artaplaza.com (hereinafter the “Website”), so that they can list their art objects (hereinafter the “Objects”) for sale directly and under the best terms of transparency and security. The present terms and conditions of use define the parties' rights and obligations within the framework of use of the Website.

The Website Visitor, Member or Advertiser (hereinafter the “Visitor(s)”, “Member(s)” or “Advertiser(s)”) state that they have read and accept without reserve the related rights and obligations.  ArtaPlaza reserves the right to amend these general terms and conditions of use and shall then announce any changes on its website's home page.

Visitors, Members and Advertisers who do not wish for contractual relations to be governed by this new version shall inform ArtaPlaza thereof and must cease to use the Website. In the event that one or more general terms and conditions of use are considered illegal or unenforceable owing to a legal decision, the other stipulations shall remain in effect.  ArtaPlaza is not a party to or responsible in any way for the sales contracts or agreements, which exclusively bind the buyer and the advertiser.

Purpose of the Website

The ArtaPlaza Website is an internet platform that offers a limited supply of temporary virtual spaces for advertisers who can post artworks, antiques or art objects for sale.

Website access profiles and definitions

Website

Refers to the Internet website artaplaza.com or to any subsequent name, as well as any page and heading of said website. The Website artaplaza.com is the exclusive property of Picassart.

Visitor 

Refers to any person who visits or uses the Website with free access in read mode, requiring no sign-up.

Buyer

Refers to any person or entity, who may be a visitor, member or other advertiser, who enters into a relationship with the Advertiser with a view to making a purchase of an art object advertised on the Website.

Member 

Refers to any visitor who signs up to the Website after having filled in the sign-up form. Sign-up is free of charge and gives access to saved searches, a list of favourites, e-mail alerts, newsletter subscriptions, etc.

Sign-up on the Website

After registration is completed, an account is opened in the Member's name. During sign-up, the Member will be asked to choose a login (their e-mail address) and a confidential password.  This account is accessible by entering the login (e-mail address) and the confidential password.

The login (e-mail address) and password are strictly personal and confidential. The Member who signs up on the Website hereby agrees not to communicate their login and password to others. In the event of sale(s) made by another person using the Member's login and password, they shall be responsible for the consequences thereof.

The Member is solely responsible for the completeness and accuracy of their contact details.

The Member hereby agrees to report any unauthorised use of their login and/or password by a third party, as soon as they are made aware of it. The Member hereby agrees not to create or use accounts other than the sole account initially created by and for them. The Member accepts that ArtaPlaza will conserve all documents, information and recordings about their activity on the Website. By signing up, the Member agrees to accept the Website's general terms and conditions of use. In the event of non-compliance of these terms and conditions of use and sale, the Website reserves the right to delete a Member's account at any time.

ArtaPlaza may at any time reject a Member with whom there is a dispute or litigation, without warning, without advance notice and without compensation.

Advertiser 

Refers to any Member who signs up for paid services on the Website, i.e. the purchase of “ads”. An advertiser may be a professional (e.g. antique dealer) or an individual (art collector or lover). Only Advertisers may place objects on sale. The Advertiser may also be referred to as the “Vendor” in these general terms and conditions of sale.

Ad

Refers to a display space available on the Website.

Object

Refers to any artwork, antique or art object which is the subject of an ad on the Website.

Ad for an object

Purchasing of ad(s)

Once they have created their account on ArtaPlaza, a Member may become an Advertiser by purchasing one or more ads enabling them to display their objects for sale.

Posting and validation of an ad

The Advertiser shall fill in their ad by completing as much information as possible and posting a maximum of 19 photos, one of which will be identified as the cover photo for their Ad.

ArtaPlaza shall make every effort to post the Ad online within 48 hours following its submission by the Advertiser. During this time, ArtaPlaza shall crop the cover photo and also verify the details of the ad, including the object, its description, its value and its origin, in order to ensure that it complies with its standards of quality and legitimacy.

ArtaPlaza reserves the right not to post an ad which it deems to be non-compliant, without any need to justify itself and without suffering any damages.

Validity of an ad

Once posted, an ad shall remain valid for six months, whether or not it is modified by the Advertiser. If the object in the ad is sold or becomes unavailable during this six-month period, the Advertiser shall remove their ad within no more than five days.  

Unused ads have a limited validity of one year.

Sales by mutual agreement

The sale of an object posted on the website shall be done directly and exclusively between an Advertiser and a buyer, who may be a visitor, a member or another advertiser on the website.

ArtaPlaza takes no commission on the sale of objects and does not act in any way as an intermediary in a transaction between an Advertiser and a buyer.

Except for related services, Artaplaza's remuneration shall come exclusively from the Advertiser via the purchase of ads on the Website.

ArtaPlaza cannot in any way be held liable for any dispute between advertisers and buyers. Similarly, ArtaPlaza does not incur any obligation towards anyone, its role being limited to showcasing the objects on sale. Everything shall be under the Advertiser's sole and unique responsibility.

Delivery

The terms of delivery or shipping shall be exclusively determined by the Advertiser and the buyer. ArtaPlaza shall not in any way be held liable for any delivery delays or issues. 

Value of an Object

To guarantee a certain level of quality, the value of objects displayed on ArtaPlaza cannot be less than five hundred (500) euros before VAT, or its equivalent in another currency. ArtaPlaza reserves the right to reject any ad in which the object's value is less than this amount. The Vendor is considered to be solely responsible for the posted value of the object.

Photographs

When submitting their ad, the Advertiser shall choose clear and distinctive photos of the Object.

If the photos are non-compliant or illegible, ArtaPlaza reserves the right to refuse to post them or to make any necessary changes.

Description of the Object

Before the Object is placed on sale, the Advertiser shall enter a faithful description of the Object that is as precise and distinctive as possible. The Advertiser also agrees to cite any missing part, chip, crack, restoration or any other accident observed on the Object or visible on the photos they post on ArtaPlaza.

Authenticity, legitimacy, availability and materiality of the Object

The Advertiser agrees to implement all means at their disposal to identify, prove and guarantee the authenticity of the object which they are exhibiting. The Advertiser agrees to conduct all validations and verifications and to provide all necessary information and clarifications so that the description is faithful and does not mislead the buyer.   In this regard, the Advertiser is solely responsible for the proper execution of their obligation to inform buyers about the essential characteristics of the object.  The Advertiser is solely responsible for the description of the object.

The Advertiser undertakes to ensure that the object is a lawful, immediately available, material good which they own in full and are able to sell. The Advertiser shall refrain from posting for sale, selling or allowing to be sold any object that constitutes a breach of public order, good moral standards, laws and regulations in force and the rights of third parties. In particular, they shall not sell any counterfeit or stolen objects.

Liability

The Advertiser shall be solely responsible for the lawfulness and compliance of the objects they exhibit on the website. ArtaPlaza reserves the right to withdraw, without advance notice, any object which is likely to be counterfeit or stolen or diverted from its real owner, or even in the case of a simple suspicion of non-compliance.

Price for Ads

ArtaPlaza offers its Members the opportunity to purchase one or more ads on a sliding scale of charges.

Personal data

ArtaPlaza hereby agrees not to disclose information communicated by Members on the website to any third parties. This information is confidential. It shall be used by its internal teams only for the management of ads, as well as to enhance and customise communication, including via informational letters and e-mails. It will also be used as part of our website customisation to align with the Members' observed preferences. ArtaPlaza does not sell, market or lend information about its Members to third parties. ArtaPlaza may send its Members information and sales offers from its partners if the Members choose to receive them upon sign-up. If personal data is transferred to or used by third parties, ArtaPlaza agrees in advance to inform the Member in order to enable the latter to exercise their right to object.   ArtaPlaza may also provide consolidated statistics about its Members, its Sales, or any other information about the Website to trusted third parties; however, these statistics do not contain any personal data. The present article does not prevent the sale or transfer of activities to a third party. Consequently, the Member may exercise their right of access to the file and their right to modify and delete information about them, by sending their request (indicating their e-mail address, surname, first name, and postal address), using the 'Update your customer account' form and selecting 'I want to terminate my ArtaPlaza account'. Alternatively they can send their request by e-mail to the following address: info@artaplaza.com, or submit it in writing to the following address: ArtaPlaza, 53 Chaussée de Waterloo, 5000 Namur. Any deletion shall lead ArtaPlaza to the de facto removal of all ads that are online or not yet used, without compensation.

Disputes - Applicable law

The relationship between the parties shall be exclusively governed by Belgian law. The resolution of any dispute between the Website and the Customer shall be referred exclusively to the French-language courts of Brussels.

Modification of the service or conditions of use

ArtaPlaza reserves the right to make changes to the website, to the procedures, and to the terms and conditions, including the present Terms and Conditions of Sale, at any time. The Advertiser is subject to the terms and conditions, procedures, and Terms and Conditions of Sale in effect at the time when the Ads are ordered, unless a change to these terms and conditions, or to the present Terms and Conditions of Sale, is required by an administrative or governmental authority (in this case, this change may also be applied to prior orders which the Advertiser has made). If a provision of these Terms and Conditions of Sale is found to be invalid, null and void or unenforceable, regardless of the reason, this provision shall be considered divisible and shall not affect the validity and enforceability of the remaining provisions.

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