Terms and Conditions

Updated

  • INTRODUCTION

    These general terms (hereinafter Terms of Use) apply exclusively to transactions between Artupia S.r.l., with registered office at Via Dei Farnese no. 4 in Parma, EAI PR267848, VAT no. 02799290347, e-mail contact@artupia.com, hereinafter referred to as ''Artupia'', and any user accessing the services through the https://artupia.com/it or https://artupia.com/en site.

    The Terms of Use, which govern transactions made on the site, may be subject to change and the date of their publication on the site is the same date as their entry into force.

    If any provision of the Terms of Use is found to be unlawful or unenforceable, it shall be deemed modified to the minimum extent necessary to make it lawful or enforceable and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

    Artupia may at any time and at its sole discretion, modify, replace, suspend or discontinue whether temporarily or permanently, the services and features provided and/or the suppliers used, even without notice.

    Artupia represents that suitable technical and organisational measures are in place to ensure a level of website security that is appropriate to the type of data processed and to the specific features of the services provided.

    Artupia does not provide any warranty as to the compliance of the Artworks offered on the site with the information provided by third parties.

    Artupia shall not be held liable for any improper and/or non-compliant use of the site and the services provided.

    Artupia is an internationally registered trade mark. Use of the Artupia trade mark is therefore strictly prohibited.

  • DEFINITIONS

    Artupia: a company that runs an art marketplace through an international network, which allows members to buy and sell artwork online.

    Artupia platform: e-commerce software-based platform—with interactive areas—owned by Artupia S.r.l.

    Services: the services provided by Artupia through the Artupia Platform.

    Commission: amount payable in respect of the services provided by Artupia.

    Content: material created, published, uploaded, transmitted, distributed and/or stored by Registered Users, for which they are solely responsible.

    Artwork: a work of art created using different techniques on different mediums.

    Artist: the creator of the work. 

    Registered User: a user who has registered their details with the site and who has been assigned an account and a User ID, after accepting the Terms of Use.

    Verified artist: a registered artist who has entered additional information and content under their biography.

    Seller: Artist or Registered User who intends to sell or sells an Artwork (their own Artwork, if an Artist, or created by third parties but previously purchased on the Artupia Platform, if a Registered User) using the services offered by Artupia.

    Buyer: Registered User who intends to purchase/buy an Artwork through the Artupia Platform.

    Showcase: dedicated space on the Artupia Platform for the catalogue of Artworks made available for sale, which Registered Users can directly select for purchase.

    My collection: the personal and reserved area of each Registered User, which is accessed with a password and is assigned when the Terms of Use are accepted.

    Valuation: Artupia's initial estimate of the individual Artwork, which is accepted by the Seller on uploading the Artwork and is paid net of Commission.

    Shipping: delivery of the Artwork to the carrier and its shipping and delivery to the Buyer.

    Fees: shipping costs, excluding state sales taxes.

    Price: Valuation plus Fees and Commission.

    Contract: the contract of sale for the Artwork entered into by the Buyer and the Seller through Artupia and subject to the Terms of Use.

    Complaint: procedure that can be accessed in accordance with the Terms of Use.

  • I. REGISTERED USER

    1) The Artupia Platform offers Registered Users the opportunity to sell and/or purchase the Artworks displayed in the Showcase by selecting them in line with their needs.

    2.1) Site registration, which allows access to Artupia services, is only permitted for adults and companies through their legal representatives. Use of the site and services via automated means is prohibited.

    2.2) In order to register, users must complete their profile by carefully entering their full, correct and up-to-date personal and tax details, which must be updated if the details change. Failure to enter these details will make it impossible to proceed.

    2.3) By registering: i) Registered Users grant Artupia the right to process the data entered (and the right to publish their images) and to transmit it to third parties for the sole purpose of providing the service pursuant to the Terms of Use, in compliance with privacy legislation (expressly including the Italian Data Protection Code pursuant to Legislative Decree no.196/2003 and EU General Data Protection Regulation 679/2016), which Registered Users expressly accept by completing registration; ii) Registered Users agree that Artupia may, at its sole discretion, establish interactive areas where Registered Users may publish, upload or send text, images, videos or other material, making any Content available; iii) Registered Users irrevocably grant Artupia the right to use the Content without restriction, including geographical restriction, and without any financial claim, a right which Artupia shall exercise in compliance with the law and the Terms of Use; iv) Registered Users declared that they are the exclusive owner and/or that they hold the necessary authorisations to grant use of the Content; v) Registered Users shall indemnify Artupia and the parties responsible for Shipping against any loss or damage, or any third party claims or legal action arising from misuse of the Services.

    3.1) The Terms of Use must be carefully reviewed by User before completing any procedure, it being understood that Site registration implies full and unconditional acceptance on the part of Registered Users.

    3.2) The Terms of Use are governed by and must be interpreted in accordance with Italian law, without any conflict of law. Registered Users declare and agree that any legal action and/or dispute arising out of or relating to the application of the Terms of Use, shall be referred to the exclusive jurisdiction of the Court of Milan.

    4.1) Registered Users represent and warrant that they have the right to transmit, distribute and reproduce the Content and agree not to use content: i) that is unlawful, offensive, defamatory, obscene, pornographic, indecent, vulgar, allusive, harassing, threatening, abusive, provocative, fraudulent or otherwise reprehensible, ii) that constitutes, encourages or advocates a crime, iii) that infringes third party rights or is the source of other liabilities, iv) that violates local, state, European or international civil or criminal legislation.

    4.2) Registered Users agree not to alter the technical measures used by Artupia to provide the Services and not to copy or reproduce the Artworks, Content, Services or any part of the Artupia Site or Platform, owned by Artupia or third parties.

    4.3) Artupia reserves the right to block Content and links, and to interrupt or suspend access to the Site, without notice, with consequent deletion of the Registered Users' account and related material, due to: i) breach of the Terms of Use, ii) for reasons of security, iii) prolonged downtime.

    5) Transferring the Artupia account and User ID to third parties is prohibited. Registered Users are responsible for their own storage and use of the Artupia Platform - which interactive areas they use at their own risk - and are required to notify Artupia of any loss of login details or evidence of misuse.

    6) Taking screenshots of the site, using the Artupia logo and name or creating links is prohibited, except as envisaged by the Terms of Use.

    7) Registered Users may delete their account and withdraw from the contract with Artupia at any time by sending an e-mail to support@artupia.com.

  • II. ARTWORK PUBLICATION

    1.1) On publishing the Artwork, Registered Users agree to sign a document, drawn up by Artupia—in which Registered Users acknowledge and confirm authenticity and provenance—that provides all available information on authenticity, likely attribution and provenance.

    1.2) Once the Evaluation has been accepted and the Artwork published, Registered Users agree to mark it "no longer available" if it becomes unavailable in the meantime; in the event of violation, the Seller shall pay Artupia an amount equal to three times the price of the Artwork by way of penalty for non-fulfilment and without prejudice to the express right to claim compensation for further damages (e.g. non-pecuniary damages and damages for loss of business or loss of reputation).

    2.1) Registered Users intending to sell an Artwork must upload at least two images in jpeg or png format to the site and draw up the relevant description and/or history (for which they are solely responsible). Multiple listings of the same Artwork are prohibited. Legal action will be taken in respect of any transactions that aim to distort the market and Artwork valuations.

    2.2) Characteristics of the first image: i) natural or artificial diffused lighting to fully illuminate the entire Artwork, without shadows or reflections; ii) high resolution and of a size that clearly shows details without a frame or background; iii) front view.

    2.3) Characteristics of the second image: i) non-front view; ii) evidence of details (any defects, marks, wear, or any other imperfection).

    2.4) The use of a flash is only permitted to supplement other significant light sources.

    3) Uploading images of other people's Artworks to the site is prohibited, unless previously purchased on the Artupia site.

    4) The Artwork title must not contain: scurrilous, obscene or profane language; false or misleading information; website addresses, e-mail addresses or telephone numbers.

    5.1) The Artwork description must not contain: i) misrepresentations, information not related to the Artwork, negative comments, prohibited and/or restricted content, repetition of information provided in other sections, e-mail addresses and/or web links, descriptions copied from other sources, prices; ii) descriptions that are too long.

    5.2) The following are, in any case, prohibited: links that: i) redirect users away from the Artupia website; ii) compete with the services provided by Artupia; iii) activate live chat or Quick Response (QR) codes; iv) require Artupia user IDs, passwords or e-mail addresses; v) lead to sites or web pages that offer works of art not permitted on Artupia or display material that is inappropriate for a general public.

    6) All Artworks must comply with national and international laws. The Seller authorises Artupia, at its sole discretion, to prohibit the publication of the Artwork, particularly where it: i) is obscene, offensive or violent material; ii) promotes or glorifies hatred, racial, sexual or religious intolerance; iii) disrespects tragedy, human or animal suffering, or the victims of such events; iv) glorifies criminals, promotes torture or slavery; v) has openly sexual or adult content or content depicting minors.

    7) By publishing and purchasing the Artwork, the Seller and the Buyer irrevocably grant Artupia the right to use the Artwork and its images, without any restriction, including geographical restriction, and without any financial claim a right which Artupia shall exercise in compliance with the law and the Terms of Use.

    8) If the uploaded Artwork is temporarily unavailable, the Seller undertakes to remove it by clicking "No longer available". For definitive removed, the Seller must contact Artupia at the following e-mail addresssupport@artupia.com.

  • III. THE TRANSACTION

    1) For its services, Artupia charges the Seller a Commission equivalent to 20% of the Price at first purchase, which in the case of subsequent sales of the same Artwork is reduced to 15% to leave 5% to the artist as royalties. Artupia reserves the right to change the rate of Commission by publishing the change on the site, which shall nevertheless only apply to subsequent transactions.

    2) If payment is made through PayPal, Artupia is not responsible for managing Registered User accounts, which remain within their own exclusive remit (whether Seller or Buyer). Registered Users and required to check that the data they enter and the link to PayPal accounts are accurate.

    3) The tax treatment of transactions and the consequent invoicing thereof, depends on the quality declared by the Seller and/or Buyer (professional or private individual) at the time of registration.

    4.1) The Buyer accesses the Showcase and selects the Artwork to be added to the cart. The shipping costs due can be viewed after entering the login data. Clicking on "Pay now" completes the binding offer and the Buyer must arrange payment within one hour. If payment is not made, the offer shall lapse. If several offers are made for the same Artwork, the first to pay Artupia shall prevail.

    4.2) Once the credit has been received, Artupia organises Shipping, in accordance with the carrier's instructions and provides the Seller with all the packaging requirements, based on the information received from the carrier. The Seller delivers the correctly-packaged Artwork to the centre specified by the carrier—within three working days of the Artupia communication—from where it is sent for delivery to the collection centre at the Buyer's headquarters. For non-EU shipments, Artupia supports the Seller with the customs paperwork, without applying any additional fee. If the Artwork is not delivered to the carrier, the Seller shall pay Artupia an amount equal to three times the price of the Artwork by way of penalty for non-fulfilment, without prejudice to the express right to claim compensation for further damages (e.g. non-pecuniary damages and damages for loss of business or loss of reputation). In the event of non-delivery of the Artwork to the carrier, all amounts the Purchaser has paid to the carrier shall be refunded.

    4.3) For tracked delivery Artupia relies on the main couriers (e.g. UPS, FedEx Ltd. or DHL), selecting the most convenient from time to time depending on sender and recipient, in the following countries: Argentina, Austria, Australia, Belgium, Brazil, Bulgaria, Canada, Denmark, Finland, France, Germany, Greece, Honduras, Hungary, Italy, Luxembourg, Mexico, Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland, Ukraine, United Kingdom and United States. Countries not listed in the list must be preventively screened by Artupia.

    4.4) On receipt of a delivery confirmation e-mail from the Buyer and, in any case, seven working days after delivery of the Artwork, Artupia shall transfer the price to the Seller's account (less the Commission and Fees, which Artupia shall pay to the carrier directly). For Artworks purchased through Artupia's shipping service, the Buyer shall pay all applicable shipping and import fees, in advance to the carrier directly.

    4.5) Legal action to obtain compensation for damages shall be taken in respect of any transactions entered into by the Buyer and Seller outside the Artupia Platform so as to avoid the payment of Commission.

    5) The transfer of Artwork ownership is on delivery to the Buyer, therefore the risk of loss and damage during shipping is borne by the Seller, without prejudice to the carrier's liability thereto. Artupia shall not be liable for any interruption or delay in Shipping and/or for any loss of or damage to the Artwork.

  • IV. COMPLAINTS

    1) Buyer and Seller accept the complaints procedure set out herein (during which time the amounts collected by Artupia shall remain available to Artupia until complaint resolution, which takes thirty working days) and grant Artupia the right to settle disputes arising between them.

    2) Complaints - the outcome of which may be published by Artupia on the site - may relate to a single transaction at a time.

    3.1) Before replying to the e-mail confirmation, and in any case no later than seven working days after delivery, the Buyer must, under penalty of forfeiture, forward full details of the complaint to Artupia at support@Artupia.com, with details of the reason for the complaint and supporting images.

    3.2) Artupia shall open the complaint file, assist Buyer and Seller to resolve the dispute and handle the complaint based on the checks carried out.

    3.3) If the details provided are insufficient for the complaint to be upheld, the Buyer undertakes to deliver the Artwork to Artupia, at their own expense, on request. In the event of non-delivery, the complaint procedure shall be deemed complete and the Buyer shall lose the right to a refund.

    3.4) Once the appropriate checks have been completed, Artupia may decide that:

    i) the Buyer's complaint is upheld; the amounts paid by the Buyer shall consequently be refunded and the Artwork shall be returned to the Seller (in the same packaging and to the sender's address), with the Seller being charged twice the amount of the Fees borne;

    ii) the Buyer's complaint is partially upheld; the amounts paid by the Buyer shall consequently be partially refunded to the extent determined by Artupia, and the difference credited to the Seller;

    iii) there are no grounds for the Buyer's complaint or insufficient evidence or justification has been provided; the full price shall consequently be paid to the Seller (less Commission and Fees) and the Artwork shall be returned to the Buyer at their own expense.

    4) In those cases pursuant to article i) and ii) above, if the upheld complaint relates to an omissive or erroneous image or description or to a forged Artwork, the Seller shall also be required to pay Artupia an amount equal to three times the price of the Artwork, by way of penalty for non-fulfilment, without prejudice to the express right to claim compensation for further damages (e.g. non-pecuniary damages and damages for loss of business or loss of reputation).

    5) misuse of the complaints procedure shall result in the payment of a penalty equal to three times the price of the Artwork to which the complaint relates.

    6) All communications pursuant to these Terms of Use, will be made in writing by one of the following methods: i) by e-mail (to the e-mail address provided during registration), the date of receipt being understood as the date on which the message was sent; ii) posted on the site.

    7) Users must immediately notify Artupia of any change of e-mail address. In the absence of such notification, Artupia shall use the last e-mail-address provided in fulfilling its duties.

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