GENERAL TERMS AND CONDITIONS OF SERVICE
U-Art S.r.l. has set up on www.kooness.com (the “Website”) a marketplace that allows professional vendors to sell artworks to consumers. In particular, the services provided by U-Art S.r.l. through the Webite allows to:
- View artworks published on the Website by professional vendors;
- Preview the selected artworks on the consumer’s room where the consumer wish to expose the artworks;
- Purchase artworks and pay the relevant price.
U-Art S.r.l. is an independent company from the professional vendors that sell their artworks through the Website.
The present general terms and conditions of service rule the services offered through the Website by U-Art S.r.l., with registered office in Castiglione delle Stiviere (MN), Via Cesare Battisti, n. 49, postal code 46043, registered at the Registrar of Enterprises of Mantova, tax code no. 02439970209 (hereinafter, “U-Art”).
U-Art strongly recommend each users of the Website (the “User”) to read the present general terms and conditions of service (the “General Terms”). It is hereby understood that the General Terms include each note, legal information and disclaimer published on the Website.
All information published on the Website are available both in Italian and in English language. The Users hereby declares to have read of all such information and General Terms prior to access and use the Website, register to it and utilize the Services provided by U-Art through it.
In particular, the User represents and warrants to be a “consumer” according to the applicable laws and regulation and to purchase the artwork available on the Website exclusively for personal use. The User hereby further represents and warrants to have the power to purchase the artworks according pursuant to the conditions set forth under these General Terms.
The registration, access and use of the Website and the Services by the User represent express acceptance of the General Terms.
U-Art expressly recommends to the User to not use the Website and relevant Services if the User does not intend to accept the General Terms and/or any note, legal information or disclaimer published on the Website.
2. Amendment of General Terms
U-Art strongly recommends the Users to periodically verify these General Terms, provided however that U-Art shall adopt all necessary measures to inform the Users about the amendments and modifications occurred to the General Terms.
All changes to the General Terms will take effect upon the publication on the Website and shall be considered as accepted by the User that continues to use the Website and the Services.
U-Art strongly recommends the Users that do not accept the amendments and/or modifications to the General Terms to spot to use the Website and Services. In particular, in such case Registered Users (as hereinafter defined), may also proceed to cancel their Profile by writing to firstname.lastname@example.org with object “Profile cancellation” or by clicking on “Cancel Profile” available on “My profile” page of the Website.
Upon registration to the Website, the User represents and warrants to be 18 or older and to have the legal capacity to use the Services.
The User represents and warrants that the all-personal data provided while registering to the Website are true, correct, updated and referred to the User. The User shall undertake to update such information and data in case of variation. The User shall be responsible for the information provided upon registration to the Website.
The access and use of certain Service provided through the Website are freely available to all Users.
In order to use all Services provided through the Website, it is required the registration to the Website.
4.1 Registration procedure
The registration (the “Registration”) requires the User to provide certain personal information, including a valid e-mail, in order to create a personal account (the “Profile”) and permit U-Art to have sufficient information to supply the Services.
At any time, the User that has completed the Registration (the “Registered User”) can access to his/her personal Profile in order to update or amend the information provided upon Registration, including those information concerning his/her preferences. It hereby understood that the Registered User shall be the sole responsible for the truthfulness and update of such information.
In case the User should not complete the Registration after having provided his/her e-mail, U-Art may send to the User a limited number of e-mails inviting the User to complete the Registration and describing the Services provided through the Website. At any time, the User can cancel the data provided upon the registration procedure by writing at email@example.com with object “Profile cancellation”.
The User hereby represents and warrants that the e-mail provided upon Registration is valid and to access regularly to it.
Should the Registered User vary the e-mail provided upon Registration, the Registered User undertake to update it as soon as possible. U-Art reserves the right to cancel, without any prior notice, Profiles linked to e-mail addresses belonging to other persons different from the Registered User or linked to temporary e-mails. U-Art reserves also the right to request the Registered User to confirm the e-mail address provided.
4.3 Right of cancellation
At any time, the Registered User can cancel his/her Profile by clicking on “Cancel Profile” available on “My Profile” page of the Website or writing to firstname.lastname@example.org with object “Profile Cancellation”.
The request to cancel the Profile by the Registered Users that have sent purchase order shall be suspended until the artwork purchase Service has been completed.
5. Description of the Services
5.1 Registered Users
The Services offered by U-Art through the Website permit the Users to:
- View the artworks promoted by the professional vendors;
- View the selected artworks in the room where the Registered User wishes to expose it;
- Purchase the selected artwork and pay the relevant price;
- Create a personal space with the following additional features:
o Follow preferred artists/professional vendors and save artworks;
o Share preferred artworks with other Registered Users;
o Leave comment to saved artworks or purchased artworks by other Registered Users.
The User using the Website without registering to it may exclusively purchase artworks published on it.
For such reason, upon confirmation of the purchase order, it will be required to the User to provide the necessary information for the payment and delivery of the purchased artwork.
6. Service of purchase of artworks
Images, illustrations and videos of artworks published on the Website are for illustration purposes only. For accurate description of any item, the Users needs to read the corresponding written description. The quality of the published images, illustrations and videos, including color variation, as shown on the Website will depend on many factors – including User’s display settings and software. U-Art is not responsible for the accuracy of any artwork displayed on the Website and disclaims all liability in this regard.
The prices are, unless stated otherwise, in Euros.
Except where otherwise set out in these General Terms, the price payable by the User for the artworks is the price given by the Website at the time the User places the purchase order. The purchase order states also applicable taxes applicable to the purchase. The prices shown do not include the delivery fee, which will be added to User’s total order price in accordance with paragraph below.
The delivery fee can be calculated according to User’s postcode, the weight, size, nature and value of purchase artworks. For more details on the delivery fees, please see “Delivery” page of the Website.
6.3. Purchase procedure
6.3.1 Purchase order
The purchase of artworks published on the Website are subject to the condition that the professional vendor has confirmed the availability of the selected artwork and that the payment has been received. User’s order to purchase artwork(s) published on the Website constitutes a mere offer to purchase.
Conclusion of sales contracts between the User and the professional vendor requires the selection of the artwork(s) that the Buyer wishes to purchase and the submission of the purchase order by sending it by clicking on “Confirm order” page of the Website.
In order to send a purchase order, the User shall provide all necessary information required for the payment and the delivery of the selected artwork(s).
Prior to confirm the purchase order, the User can correct and amend any error on the order acknowledgment page. After sending the purchase order, the User will receive an e-mail confirmation that contains details of the purchased artworks, the total costs of the order including delivery and an order number. Please note that the e-mail confirmation is simply an acknowledgement that User’s order has been received by U-Art; it does not indicate that the professional vendor have accepted User’s order and does not form a binding contract.
6.3.2 Order acceptance
Without prejudice to paragraph 6.3.3 below, upon submission of a purchase order, the condition subsequent tied to the sales contract between the User and the professional vendor is lifted in case:
- The entire purchase procedure has duly completed without any error messages from the Website;
- The User has received an e-mail stating availability of the selected artwork and the order acceptance.
All details of the purchase order and acceptance are available also on the User’s Profile.
The order acceptance e-mail details also contacts of the professional vendors that shall also be in charge of the delivery of the purchased artwork(s).
6.3.3 Cancellation of purchase order
U-Art shall be entitled to not accept or cancel the purchased order submitted by the User, without providing any motivation. In particular, purchased order may not be confirmed in case:
- The User does not proceed with the payment of purchase price with the payment terms;
- The selected artwork is not available;
- U-Art has right to believe that the selected artworks are purchased by the User for commercial/professional use.
Upon acceptance of the purchased order, the purchase price shall be charged on the User according to the following conditions:
- In case the User has chosen to pay by credit card, the purchase price and relevant costs detailed on the order acknowledgment e-mail shall be charged immediately;
- In case the User has chosen to pay by bank transfer to U-Art’s account, order acceptance shall be subject to the condition that U-Art has received the relevant payment on its bank account.
Should U-Art do not receive the payment within the terms indicated here below, U-Art shall be entitled to refuse the purchase order.
Terms for payment by bank transfer are:
- Within 5 (five) business days of receipt of order acknowledgment e-mail referred to in paragraph 6.3.1, in case the purchased artwork shall be delivered in Italy;
- Within 7 (seven) business day of receipt of order acknowledgment e-mail referred to in paragraph 6.3.1, in case the purchased artwork shall be delivered outside Italian territory.
U-Art shall be entitled to require the User to provide a copy of the ID card or passport within 24 (twenty-four), in order to verify the payment. Should the User do not proceed with such request, U-Art shall have the right to refuse the purchase order.
The User represents and warrants to have all necessary authorization to proceed with the purchase of the selected artwork by using the chosen payment method.
All data and information referring to the User’s payment will be processed through a server-to-server secure connection that utilizes the SSL Protocol (Secure Sockets Layer).
6.3.5 Execution of the purchase order
Upon order acceptance, purchased artworks are delivered within the estimated delivery date indicated in the order acknowledgment e-mail and at the latest within 30 (thirty) days from the receipt of the order acceptance e-mail.
The professional vendor shall be in charge to deliver the purchased artworks. The service is organized in order to meet the estimated delivery date, however there are times where confirmed delivery date will be different. In no event professional vendors are responsible of late delivery if the purchased artworks are delivered within 30 (thirty) days from the date of the order acceptance e-mail.
In case of unavailability of selected artwork(s), U-Art will promptly notify the User and reimburse the User the price of the artwork and the delivery fees paid within 14 (fourteen) days by using the same payment method chosen by the User.
Professional vendors will be in charge to deliver the purchased artworks to the Users. For this, the professional vendors will drop artworks off with transport service providers.
Users shall bear delivery fees and packaging costs.
Delivery fees and packaging costs are detailed in the purchase order and in the subsequent order acceptance e-mail. Such fees and costs depend on User’s postcode, the weight, size, nature and value of purchase artworks. For more details on the delivery fees, please see “Delivery” page of the Website.
Artworks will be delivered to the delivery address specified by the User in the purchase order. Delivery is to the ground floor front door of the building and does not include any assembly or unpacking services. Floor delivery and unpacking services have to be requested before placing the order and may implies extra-costs, if available.
U-Art will not be responsible for incomplete, incorrect or inaccurate information provided in the purchase order for the delivery of purchased artworks. U-Art will not be responsible for any damage occurred to the artworks after the delivery by the carrier to the User as well as for any late shipment.
Delivery documents given by the carrier to the User, signed by the User, represent a proof of delivery of the artworks.
Upon delivery of artworks, the User shall check the condition of the packing and examine the artwork. The User will be asked to sign the delivery documents confirming that the delivery has taken place, that artworks are delivered “free of damage”. If there are obvious damage or artwork are missing or incorrect, the User should refuse the delivery or record this on the delivery documents. In addition, no later than 7 ( seven) days from the date of delivery, the User should also notify it to the professional vendor and, by writing to email@example.com, U-Art.
Users domiciled or residing in the European Economic Area (European Union countries plus Iceland, Norway and Liechtenstein) will benefit of the legal guarantee of conformity provided for by Italian Consumer’s Code (article 128-132 Italian Consumer’s Code – Legislative Decree no.206/2005 ). In case of lack of conformity of the purchased artwork the User shall notify it by and no later than 2 (two) months to the professional vendor by registered letter and to U-Art by writing at the following email address: firstname.lastname@example.org.
In order to benefit from the legal guarantee of conformity the User shall provide the professional vendor with a copy of the order acceptance.
In addition to the legal guarantee of conformity, each professional vendor can offer commercial guarantees. Terms and conditions to benefit from such additional guarantees are detailed for each artworks in the relevant informative box and in the acceptance order.
8. Right of withdrawal
Users domiciled or residing in European Economic Area (European Union countries plus Iceland, Norway and Liechtenstein) has the right to withdraw from the sale contract, without a reason or paying a penalty, within 14 (fourteen) days from the date of delivery of the artwork(s) indicated in the delivery documents.
The User shall exercise the right of withdrawal by (i) following the withdrawal procedure available on his/her Profile page or (ii) making an unequivocal statement setting out his/her decision to withdraw from the sale contract and send it by an email to email@example.com. In addition to the above, the User may also use the model withdrawal form provided by U-Art and here available for downloading “Withdrawal form”.
The User shall send back the artworks to the relevant professional vendor. In particular:
- The User shall send back the artwork by and not later than 14 (fourteen) days from the date of delivery of the artwork. The deadline shall be met if the User sends back the artwork before such period has expired;
- The User undertakes to take all necessary care in preserving and packing the artwork and send it back by using the same packaging. Integrity and absence of any damage of the artwork sent back by the User constitute an essential condition to the valid exercise of the right of withdrawal. U-Art will not accept damage artworks;
- By sending the artwork back, the User enclose the invoice and/or transport document or any other document that proves the date of delivery;
- Delivery risks are borne by the User;
- Fees and costs of delivery shall be borne by the User. Any information concerning delivery fees and costs are available on “Delivery” page of the Website.
Upon the exercise of the right of withdrawal according to the paragraphs above, U-Art shall proceed to reimburse the purchase price paid by the User, by using the same payment method chosen by the User.
Without prejudice to the following paragraph, no additional cost shall be charged on the User for the reimbursement of the purchase price.
U-Art may withhold the reimbursement until the professional vendor has received the artwork back.
U-Art will not be responsible for incomplete, incorrect or inaccurate data or information published on the Website as well as for any technical fault or manifest error.
U-Art will not be responsible for any information or data independently acquired by the User from the professional vendors which publish their artworks on the Website.
Sale contracts are entered into by and between the User and the professional vendors. Consequently, U-Art can not be held responsible for any damage directly or indirectly suffered by the User relating the selling of the artworks, including any late or missed delivery or any fault of the artworks.
U-Art will not be responsible for any damage due to interruption of the Services provided through the Website and resulting from any malfunctions, breakdowns delays of access to the internet or defect in any reception equipment or line of communication not under U-Art’s control or due to software and tools used by the User who connects to the Website.
U-Art will not be responsible for any content published on third party links available on the Website (the “Link”). In case the User decides to visit any Link, he/she will alone be responsible for any damage he/she may suffer.
10. User’s obligations
The User shall undertake to use the Services exclusively for personal use.
The User shall undertake to not use the Website and the Services for illegal scope or not according to the present General Terms. The User shall not use the Website and the Services in such a manner that may prejudice or interfere with the use of the Website and the Services by other Users.
The User shall further undertake to not use software, algorithms or other features that create or open link to third party webpages or that require single person or groups of people to access to third party webpages.
The Registered User is responsible to protect his/her access code to his/her Profile on the Website and to keep them secret. In case of loss or disclosure to third parties, the User shall undertake to promptly notify it to U-Art by sending an email to firstname.lastname@example.org. U-Art shall not be responsible for any damage, cost or loss suffered by the User in case of fraud or any other unauthorized use of User’s access code by third parties.
The User undertakes to use the Service in accordance to the present General Terms and to applicable laws and regulation. In addition, the User further undertake to not violate third party rights or use the Service in an inappropriate manner (for example: spam, upload illegal contents, etc.).
11. Interruption of the Services
In case the User breaches his/her obligations provided under Article 10 (“User’s obligation”) and Article 12 (“Intellectual property rights”), U-Art shall be entitled to cancel User’s Profile with prior written notice.
Access to the Website may be temporary interrupted in case of technical problems or for maintenance reasons. Whenever possible, U-Art shall promptly notify to the Users of such interruptions.
At any time, U-Art may update, amend or improve the Website and the Services even in order to correct any error or to comply with applicable laws and regulations.
U-Art shall have the right to terminate, in whole or in part, to provide the Service by giving prior notice to the Users in order to permit them to complete the execution of the purchase order submitted. In such case, U-Art shall notify the termination of the Service to the Users by e-mail and publishing such notice on the Website.
12. Intellectual Property Rights
U-Art is the exclusive owner of, or in any case has the right to use, all distinctive signs (trademarks, trade names, etc.) published or used on the Website.
All texts, comments, works, illustrations, Artworks, and images reproduced or depicted on the Website are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world. In addition U-Art exclusively retains ownership of all rights title and interest in and to (all intellectual property rights of) the Website on which the service is made available, including but not limited to contents, tests, design, (including infrastructure) data, know-how, software and information contained or connected to it /the “U-Art IP”). There Users are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, translate, market, integrate, utilize, combine or otherwise use, in whole or in part U-Art IP without the prior written notice of U-Art, except as necessary to use the Service.
Any use of the Website for different purposes or manner will be considered as a breach of the User’s obligation provided under this Article.
U-Art reserves the right to prosecute any infringement of its intellectual property rights.
14. Final provisions
In the event that one or more of the terms set out in these General Terms are held to be invalid or declared as such under applicable laws and regulations, other provisions shall remain in full force and scope.
15. Applicable laws. Disputes
These General Terms shall be construe and governed by the Italian laws and in particular by Italian Consumer Code (Italian legislative decree 6 September 2005 no. 206) and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.
In case any dispute arising out of or in connection with these General Terms between Users residing or domiciled outside the European Economic Area or not qualified as “consumers” according to the Italian Consumer Code, courts of Milan shall have the exclusive jurisdictions.