Terms & Conditions of Use
Terms & Conditions of Use
1. CORE PRINCIPLES
1.1. Acceptance of the Current Terms
This document, as well as the documents that are expressly mentioned in it, provide you with information on Arto Galleria (“ us ”, “ our ” or “ Arto ”) and the legal Terms and Conditions (“ Terms ”) regulating the use of its platform, accessible at www.artogalleria.com (“ Platform ”). Thereby, this document regulates the purchase of Artworks on the platform and applies to any sales contract (“ Contract ”) linking you (“ User ”, “ Buyer ” or “ Customer ”) to a selling party (“ Seller ”).
1.2. Important Terminology
Here are some important terms used within the present Terms.
Content: Any text or image hosted by the Platform.
Contract: Commitment by which the Buyer and the Seller undertake to conclude the sale, including in particular the price, the delivery time, the accepted place of delivery and the details concerning the creation of Custom Artworks.
Platform: Arto Galleria website accessible at www.artogalleria.com and its Services, assuming the role of intermediary, providing Users with an array of programs allowing for content posting, functionalities and various applications.
Service: All services, software, tools or functionalities, including the Platform, made available for the benefit of Buyers and Sellers by Arto Galleria.
1.3. Modifications to the Current Terms
Arto Galleria reserves the right, at its own discretion, to modify, interrupt or terminate the Services, or to modify the present Terms, at any moment and without prior notice. Any modification made to the present Terms will be published on the Platform and, a modification notice will be sent. After each modification, the date of the “ Last Update ” will be adjusted. By continuing to access the Platform or to use the Services following a modification, you accept to be bound by these modified Terms. If you are not satisfied with the amended Terms, your only recourse is to stop using the Services. The changes will be applicable as soon as they are posted, notwithstanding the sending of a notice to Users.
1.4. Laws Regulating the Present Terms
The parties agree that these Terms were concluded in Laval and are subject to the laws that apply in Quebec and, where applicable, in Canada, and that any related legal proceedings must be brought in the judicial district of Laval.
By using Arto, you agree to submit to the exclusive jurisdiction of the Quebec courts, district of Laval, with respect to your relationship with Arto Galleria. It is your responsibility to comply with all tax requirements applicable to sales made by Users on the Platform. It is also your responsibility to comply with all laws applicable to online conduct and permissible content in the locality from which you use the Platform.
1.5. Arto Galleria Coordinates
Arto Galleria (9424-2476 Québec Inc.) is a Canadian incorporated company, under the Business Corporation Act and whose headquarters is: 3835 Curé-Labelle Blvd, Laval, QC, Canada, H7P 0A5.
If you have any questions, concerns or complaints, you can send an email to Arto Galleria at email@example.com, use the “ Contact ” page of the Platform or write to Arto Galleria’s postal address: 3835 Curé-Labelle Blvd, Laval, QC, Canada, H7P 0A5.
2. YOUR USER ACCOUNT
2.1. Access to the Platform and Its Services
In order to buy an Artwork and to use certain functionalities on the Platform, you must first create a user account. You will then receive personalized messages by email on current promotions or any other event you can find on the Platform. You can also, at any moment, decide to stop receiving these emails by unsubscribing to our messaging system. Annually, considering the applicable laws, we will confirm your consent to receive those emails. We do not charge any fee for using the Platform, other than applicable Service fees (see clause 5.2).
You must at least be 18 years old to create a User account and/or purchase Artworks on the Platform. By registering, you certify that all the information you provide to Arto Galleria are true, valid and up to date, notwithstanding any changes. Using false information or identity theft is prohibited. Arto Galleria reserves the right to close your account in the event that you fail to meet the foregoing eligibility Terms.
2.3. Protection of Your Account
Each time you want to access your user account, your password will be required. You are responsible for the protection of this access code. As long as the right password is entered, we will assume that you are the person responsible for any action on your account. You accept to never share your password with anyone and assume responsibility for all activities or actions undertaken within your account, whether or not you authorized such activities or actions. We will do everything we reasonably can as a service provider to protect you against unauthorized access to your account. However, Arto Galleria is not to be held responsible for such unauthorized access to your user account or to the confidential personal information it contains. You must immediately inform Arto Galleria of any possible breach of your account’s privacy.
It is the Client’s responsibility to keep permanent records of data and purchases associated with the account and with their use of the Platform. Following the closure of the account by the Customer and/or Arto Galleria, after an inactivity of ther User account for a period of 2 years, Arto Galleria have no obligation to keep, store or provide copies, or to allow access to data, documentation or any other information related to the user account or the purchases made.
2.4. Your Personal Information
3. YOUR USER CONTENT
You acknowledge and accept that you are solely responsible for the content you post on Arto Galleria. All content published on the Platform (“ Posts ”) must be accurate and complete and must also respect the directives in effect relative to Arto Galleria’s content. It is prohibited to post content that Arto Galleria can reasonably judge to be:
Vulgar, obscene, pornographic, or offensive, including content inciting heinous propaganda or discrimination of persons or groups based on protected attributes such as: ethnicity, country of origin, creed, gender, sex, age, social standing, sexual identity or orientation, handicaps or any other protected characteristic; or
Content that infringes, diverts, or violates patent, copyright, brand, commercial privacy, moral rights or other third-party intellectual property rights, or publicity or confidentiality rights, or that leads to the violation of any law or applicable regulation.
Arto Galleria reserves the right to modify and/or erase any Post to ensure that it conforms to these directives. You acknowledge that your Postings are not immediately searchable by tag or category to allow the system to properly analyze all data submitted. Finally, Arto Galleria reserves the right to close any user account that violate these Terms.
4. INFORMATION POSTED ON THE PLATFORM
4.1. Images of the Artworks
The images of Artworks shown on the Platform are provided for information purposes only. You acknowledge that Arto Galleria makes commercially reasonable efforts to show the Artworks’ colors as accurately as possible. However, since individual computer screens (or other devices) can show colors differently, Arto Galleria can not be held responsible for the exactitude of colors and declines any such liability.
In addition, Artworks and their display can lightly differ from the images shown (e.g., some frames, or accessories could be used strictly for illustrative purposes). It is your responsibility to verify that the Artwork you wish to purchase includes or not these accessories before placing your order, according the information provided by the Seller
4.2. Packaging of the Artworks
Packaging of the Artworks could differ from the one shown on the website.
4.3. Availability of the Artworks
All Artworks published on our Platform are available for sale. In addition, it is possible that an Artwork is still displayed after its sale. If an Artwork you have ordered is no longer available, we will notify you by email as soon as possible and we will cancel that order. Arto Galleria can not, at any time, be held responsible for the delays between the purchase by a Buyer and the withdrawal from the Platform of the Artwork thus purchased.
4.4. Content on the Platform
Some of the information concerning the Services on the Platform could contain typographic errors, inaccuracies, or omissions. Arto Galleria reserves the right to correct any errors, inaccuracies, or omissions, as well as to modify or update any inaccurate information about the Services, at any moment and without prior notice. We are not obligated to update, modify, or clarify information about the Services, unless required by law or applicable regulations. No date of update will be specifically applied to the modification of Services.
5.1. Arto Galleria as a Commercial Intermediary
When you buy Artworks offered by a Seller via the Platform, a Contract is finalized between you and this Seller as per clause 5.3. We are not part of the Contract as a party. We strictly act as a commercial intermediary. Each Seller authorizes us to promote their Artworks, to complete sales of said Artworks in accordance with the Terms of each Contract specified on the Platform and to accept payment according to the Terms of the Platform. In this limited capacity, we are neither the Client nor the Seller (or re-Seller) of the Artworks. The Seller, and not Arto Galleria, holds the responsibility to conform to the Terms of the Contract that binds him to the Client. Unless otherwise expressly described in the present Terms, Arto Galleria is not the agent, intermediary, fiduciary, curator, or any other representative of the Seller.
5.2. Pricing of the Artworks
The price of the Artworks and the Terms of Purchase (the delivery time, the deposit and the details concerning the creation of custom artworks) (" Terms of Purchase ") are those displayed on the Platform. We take all reasonable precautions to ensure that the advertised price and the Terms of Purchase, at the time of the order, are correct. In the eventuality of an erroneous advertised price and/or Terms of Purchase, we will notify you by email. Two options will then be available to you: a) proceed with the order at the corrected price and/or Terms of Purchase or b) cancel your order. We will not process your order with the Seller unless we have received your instructions. If we are unable to reach you within 5 days, we will cancel the order and notify you by email. Please take note that if the pricing error in your favor is obvious and indubitable and that you could have reasonably acknowledged it as such, the Seller is not obligated to provide the Artwork at the advertised price.
The price of an Artwork is subjected to applicable taxes at the rate in effect in the region from which the Artwork is sold and shipped. The price does not include shipping fees. These shipping fees are separate and shown during your checkout and are also subjected to applicable taxes at the rate in effect in the region from which the Artwork is sold and shipped. All prices are subject to change without prior notice, but these changes will not affect any already confirmed orders.
We can charge you administrative fees for any order you place on the Platform, as well as all applicable taxes (“ Service fees ”). The amount for the Service fees will be shown to you before you place the order. By finalizing the order, you accept to pay us the billed Service fees for this order. Service fees are non-refundable, except if the corresponding order is cancelled before it has been shipped.
5.3. Sales Contract
Before confirming an order, you must ensure that you validate all the information shown on the summary of the order. Once the order is confirmed, we will send you an email notifying you that the seller has received it (“ Order Confirmation ”). However, the Order Confirmation does not mean that it has been accepted by the Seller or Us. Once the order is accepted by the Seller and Arto Galleria, we will send you an email notifying you that the Artwork(s) has(have) been shipped (“ Shipping Confirmation ”). The Contract between the Seller and you will only be completed once you receive this Shipping Confirmation.
If the Seller is not able to provide you with the Artwork (e.g., it is no longer available or because of a pricing error as mentioned in section 5.2 of the present Terms), you will be notified by email that your order will not be processed.
In the case of Customized Artworks, please refer to clause 5.4 of the present Terms.
Arto Galleria reserves the right, at its own discretion, to investigate or refuse to process any transaction related to any product sold on the Platform.
5.4. Purchasing Customized Artworks
If you wish to submit an order for a Customized Artwork to an Artist, you can discuss details such as the Artwork specs, the Terms of Purchase, budget, dimensions, and preferred timeline using the tools provided on our Platform. If you reach an agreement with the Artist, he or she will notify us, and you will get a bill urging you to pay a deposit (including the Service fees). Once we receive said deposit, the Artist will in turn be notified and will know he can start production of your Customized Artwork. Once the Artist has finished the piece and is ready to ship, a new bill will be sent to you for the remainder of the total amount owed for the order. When the purchase of the Artwork is completed, the Artist will ship the order and you will be notified by email.
5.5. Payment of the Artworks
We are authorized by the Seller to accept your payments for your orders, in accordance with our role as commercial intermediary, as per clause 5.1 above. The amount payable for the Artworks and their applicable fees will only be debited from your chosen mode of payment when we have sent you confirmation of the order (as per clause 5.3 of the present Terms), or to complete payment of a deposit, where Customized Artwork orders are concerned (as per clause 5.4 of the present Terms).
When you order an Artwork on Arto Galleria, you are obligated to pay via our Platform, by one of the available payment options offered. This obligation is fulfilled once we have received full payment (including the Service fees). Since we act as a commercial intermediary, our name will appear on your bank statement. Once you have made an order for an Artwork you found on the Platform, you must finalize the purchase strictly though the Platform. It is strictly prohibited to pay the Seller by any off-site method. In such event, you would be required to pay Arto Galleria the Service fees mentioned in these Terms.
You take ownership of the Artworks once you have fully paid for them, including the Service fees.
5.6.1. Shipment of Orders
When you place an order, it is shipped by Arto Galleria within the best possible timeline and you get a confirmation email with the tracking number and details of the shipment. Arto Galleria is solely responsible for shipment of the Artworks. If the Seller is not able to ship the order, for an unforeseen reason out of anyone’s control, we will notify you by email. All obligations of the Seller will be suspended, and the delivery deadline will be extended for the duration of said unforeseen event.
Delivery is completed once the Artworks have been shipped to the intended address, according to the Delivery Date confirmed by the courier service via order tracking number (“ Delivery Date ”). As soon as the delivery is finalized, you become entirely responsible of the delivered Artworks.
5.6.2. International Shipments
Possible international shipment destinations are chosen by Arto Galleria. We do our best to persuade Sellers to ship all over the world, but in certain cases, they will choose only a limited group of countries as destination options. If you wish to order an Artwork from an Artist and Arto Galleria not currently ship in your country, please contact us directly: firstname.lastname@example.org.
If you order internationally, your order could be subjected to customs fees, which are applicable on delivery once the package reaches its destination. You acknowledge that neither us, nor the Seller, have any control over these fees and it is impossible to estimate their amount. You will be responsible for payment of customs fees (unless paid by the Seller on shipment of the order). Please contact your local customs department for more information on possible fees before placing your order.
It is your responsibility to conform to all applicable laws and regulations in the country in which the Artworks are delivered. Neither us, nor the Seller, will be held responsible if you violate any such law.
5.7. Cancellation and Reimbursement of an Order
You can cancel an order as soon as you receive confirmation of said order, which is to say once you get the confirmation email of your purchase from the Seller. To cancel a Contract, you must let us know of your intention by sending an email to email@example.com. We suggest that you keep a copy of your cancellation email for your personal records.
If the Artworks were already shipped to you, according to Arto Galleria’s Return Policy, benefit of a 10-day grace period from the Delivery Date to return your order to the Seller. You must therefore return the Artworks as soon as possible (by following the directives given to you by an Arto Galleria team member). You also have the legal obligation to keep the Artworks in your possession and to take good care of them while in your possession to avoid any damage, loss, etc.
Please note that these withdrawal rights do not apply for any Customized Artwork.
If you are rightfully awarded a reimbursement, we will transfer the amount of the refund to the bank account you provided to make the payment. You will receive a full refund of the price paid for the Artworks and all applicable shipping fees (including applicable taxes). Any reimbursement must be completed through the Platform.
As a Customer, you have rights as it relates to products that are defective or falsely represented. Nothing in these Terms will affect these rights.
5.8. Seller Warranty for the Artworks
The Seller guarantees that, from the date of shipment and for a period of 12 months of the confirmed Delivery Date, the artworks will be exempt of any material defects. However, this warranty does not apply in the following circumstances: any defect resulting from normal wear, intentional or accidental damages, improper storage conditions, negligence on the part of you or a third-party, any modification or repair by you or a third-party, or any non-conforming usage.
This warranty is added to your legal rights concerning defective Artworks or products not representative of their description.
If the Seller does not meet Arto Galleria’s Terms, he or she is responsible for any losses or damages sustained by you if those damages are the foreseeable result of a violation or negligence on his or her part. However, the Seller is not responsible of any unforeseen loss or damage and/or resulting from any act of God event.
6. SUPPLEMENTARY PROVISIONS
6.1. Use of the Website
Arto Galleria can, in no way, be held responsible, directly or indirectly, of any damage resulting from the use, the incapacity to use, the loss of data or loss of profit, even after a Contract, negligence or any other tortious action stemming from, or in relation to, the use or incapacity to use the Platform. We do not guarantee that this Platform or its Services are exempt of errors, viruses or other harmful agents.
6.2. Commercial Use of the Artworks
Artworks are sold solely for domestic and private use. You accept to never use the acquired Artworks for commercial or reselling purposes. Neither the Seller nor us carry any liability toward you for any loss of profit, activity, interruption of activity or loss of commercial opportunity.
You can only transfer your rights or obligations, as per the present Terms, to a third-party if we accept said transfer in writing.
Nothing in the present Terms aims to impart any advantage or right to another person but you and any Seller with which you are contractually bound. We may reserve the right to transfer our rights and obligations to another organization, as per the present Terms.by virtue of a contract with another organization, but that will have no effect on your rights or our obligations as per the present Terms.
If we fail in insisting that you honor one of your obligations as per the present Terms, if we do not assert our rights against you or if we delay any attempt to do so, this does not mean that we have waived our rights against you or that we will not make such an attempt in the future, nor does it mean that you do not have to conform to these obligations. If we decide to waive a violation of the Terms on your part, we will only do so in writing. This does not mean that we automatically waive any future violation on your part.
You hereby agree to defend, indemnify and/or hold harmless Arto Galleria (including its directors, shareholders and employees, if applicable) against any losses, penalties, fines, damages, expenses, debts or obligations of any kind resulting from any claims, demands, actions, suits, judgments, lawsuits, or the settlement thereof (including, but not limited to, attorney's fees), resulting from any breach, omission or non-execution, by you, of an undertaking or an obligation under these Terms and/or resulting from a Contract between you and a Seller and/or your use (or misuse) of the Platform (including, without limitation, any negligence or willful misconduct).
The invalidity of one or another clause of these Terms does not affect the validity of the other clauses. If one of the clauses of these Terms is declared invalid or inapplicable, the Terms remain effective and must be interpreted as if the invalidated clause had not been entered therein.
Note: For your convenience, we have provided an English version of the original document. This translation is for informational purposes only, and the definitive and original version of this document is the French version.
Updated on: 10/06/2021