AGREEMENT FOR USERS AND CONDITIONS OF USE
IN ACCESSING OR USING THE SITE (AS DEFINED BELOW), THE USER ACCEPTS THE FOLLOWING OBLIGATORY TERMS OF USAGE AND POINTS OUT THAT
- (B) HE/SHE SHALL BE OF THE LEGAL AGE FOR STIPULATING A BINDING CONTRACT
It is possible to use our Services only if it is possible to stipulate a binding contract with us and only as laid down by the law.
Functioning of the ART SHARE service and Definitions
ART SHARE is an initiative which allows purchase by the user of one or more co-ownership shares (“Shares”) of a valuable work of art (“Whole Work” or “WW” and sale of them on the occasion of the subsequent sale of the Whole Work. Following the sale of the Whole Work, the User receives the price of their own co-ownership share as established in the Conditions of sale and the co-ownership Regulation.
ART SHARE and the relative sites, products, services, mobile applications and tools (individually and collectively, the “Site”) are owned and managed by ART SHARES SRL, a company of the Republic of San Marino (“Art Shares” or “We” or pronouns pertaining to “We”). These terms and conditions (“Terms”) regulate the use and conduct of the collector who is our user (“User”, “You”) regarding the products/services (collectively, “Services”) proposed on the Site or, in the case of purchase, the conduct of the buyer (“Buyer”) and the use of all the images, texts, information, data, audios, videos, graphics, computer code, software and any other part of our Services, also when we send you e-mails (“Content”).
Art Shares performs a double role:
- on its own behalf as first seller of the Shares on the Site;
- On the User’s behalf as the User’s agent for management of the User’s shares and as its agent to the for sale at the moment of the sale of the whole work.
The User can also have the role of beneficiary of a trust into which Art Shares has placed the WW of which the User intends to purchase the shares.
The aim of the trust is to safeguard the works of art in order to transfer them to the User at the moment of the sale of the whole work. In this way at the moment of sale of the WW the User has the right to receive from us the sale price corresponding to their co-ownership share.
You authorize Art Shares to act as specified above in the double role of seller of the shares and agent of the user, whenever it shall be useful or necessary, without any limitation, and with the power also of executing transactions in the agent’s interest.
Registration and access to the account
You may be asked to register in order to use the Site. Those registering are obliged to provide certain personal data such as a valid email address and to select a password to be used for creating and accessing their accounts. This password and other registration details must be kept safely and not shared with anyone. Those registering can voluntarily provide additional information in the process of registration to personalize their account. Those registering can access their account to view the information of their profile and information on the transactions by clicking on the homepage icon of the Site after the login.
Users may cancel their registration and their account at any moment. For security reasons, requests for closing accounts must come from the email account registered with ART SHARE addressed to firstname.lastname@example.org. Under no circumstances can a request for cancellation be received by phone or otherwise be accepted.
You consent to receive communications from us electronically and accept that we can communicate with you by publishing notices on our Services or via email. You accept that all the agreements, communications, publications and other communications that we provide electronically comply with all legal norms specifying that these communications be written. You accept that all the communications we provide via email are considered as being received by you on the day on which we send them. If you register for an account or provide us in any other way with an email address, you accept that we are not responsible for any automatic filter that you or your internet provider may apply to any email that we send to the email address provided. If at any moment you wish to withdraw your consensus for the reception of emails, use the “annul enrollment” key on the email or contact us at the address email@example.com to do it.
Eligibility for use of the site
The site is not intended for children under the age of 14 years, for whom it does not knowingly collect information. Use of the site is permitted exclusively for adults over the age of 18 years.
We are glad to receive feedback, comments and suggestions as to our Services (“Feedback”). However you must recognize and accept that we have the right to use all feedback according to our own exclusive discretion, for all purposes, commercial or otherwise, without any obligation to you of any kind. In any case we will not be obliged in any way to act on, use, or reply to the Feedback
Right of cancellation [European Union]
These regulations apply where: (i) the UE Directive on consumer rights (2011/83/UE), as implemented in the national legislation in the various UE jurisdictions, applies to a consumer residing in the European Union (“UE Consumer”); and (ii) none of the specific exclusions indicated below is applicable.(When this subsection is applied, the UE Consumer has the right to cancel their order without providing any justification within 14 days of the day on which the UE Consumer made the payment for the online purchase (“Annulment Period”). The UE Consumer must inform us of their decision to cancel the order in writing (also via email) within this term. Art Shares will reimburse all the payments made by the UE Consumer, who will not pay any cost as a consequence of this reimbursement.
To exercise this right of cancellation, a UE consumer must send a written communication during the cancellation period to Art Shares Srl – EU Consumer Rights, Via dei Paceri n. 84/B, 47891 Falciano – Repubblica di San Marino or send an email to firstname.lastname@example.org with the subject line “Rights of UE consumers”. The notification must show your name, address of residence, contact details and email address, date of the request for online purchase, date and sum of payment, and state that you wish to exercise the right to cancellation as specified in the UE Directive on consumer rights.
The brand names, logos, service marks and commercial names (collectively referred to as “Trademarks”) shown on the Site, and all the rights linked to them, are our property and cannot be used in any way unless expressly authorized in writing by Art Shares.
The norms concerning transport rights, including the United Nations Convention on contracts for the international sale of goods shall not in any way be applicable to our Services, to the present conditions or to any other agreements between you and ourselves.
Violations of system or internet security may constitute civil or penal responsibilities. Art Shares will investigate the events and may involve or cooperate with law enforcement authorities in prosecuting the user or users involved in such violations. Users are not allowed to violate or attempt to violate the security of the site, including for example the following: (i) accessing data not intended for the user or accessing a server or an account which they are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or violate security or authentication measures without adequate authorization; (iii) trying to interfere by sending viruses, worms, Trojan Horses or other damaging codes, overloading, flooding, mailbombing or crashing, or sending unwanted emails, including promotions or advertising (space) for products or services; or (iv) falsifying any heading in any email message or newsgroup; or (v) mining data, spidering, screen scraping, database scraping, or using any other automatic tool to obtain information from the Site.
Our Services might be accessible wholly or partially on mobile devices. You accept not to use these Services in such a way as to distract you and prevent you from respecting any law concerning traffic or security.
It is not allowed to reproduce, distribute, adapt, modify, translate, create works, publish or use Content in any other way without our specific written authorization (where applicable). Any commercial exploitation of any image or other Content is forbidden without previous written authorization from us or (if applicable) of the owner of the rights of reproduction, distribution, publication or creation of marketed derivative works.
As part of our Services, we are able to offer you the use of mobile applications, including the applications which can be accessed through iTunes App Store (“App of iTunes origin”) and the applications which it is possible to access by other means.
Use of our mobile apps is subject to the present Terms and any applicable service Conditions we may publish on our Services or which are otherwise made available in relation to our mobile apps.
It is possible to update our mobile apps without previous notification at any moment at our exclusive discretion, and the present Conditions will apply to all the updated versions.
The following terms and conditions are applied to the iTunes apps:
- The user agrees to use the apps of iTunes origin only on a product with an iPhone/iPad operational system owned or controlled by the user and in compliance with the App Store Terms of service.
- The user acknowledges that these Terms are an agreement between you and us and not with Apple and that Art Shares Srl and not Apple is the sole authorized manager of the App and the relative content of iTunes origin.
- The user acknowledges that Apple has no obligation to provide any maintenance and support service for any iTunes app.
- If an app supplied by iTunes does not comply with any applicable guarantee it is possible to notify Apple and Apple will reimburse the purchase price for this app supplied by iTunes. To the maximum extent allowed by the applicable law, Apple will have no other obligation of guarantee in relation to any App supplied by iTunes or to any other complaint, loss, responsibility, damage, costs or expenses deriving from any malfunctioning of any App provided by iTunes, since compliance with every guarantee will be our exclusive responsibility. However it should be clear that we expressly decline all guarantees, to the maximum extent allowed by the applicable law.
- You and we agree that Apple is not responsible for dealing with any complaints from you or any third parties concerning any App of iTunes origin, or your possession and use of any App of iTunes origin, including. (i) complaints about Service responsibility; (ii) any claim that the Apps supplied by iTunes do not comply with any applicable legal or normative requirement; and (iii) complaints deriving from consumer protection or similar norms.
- We acknowledge that in the case of complaints from third parties in which it is claimed that any iTunes App or the possession and use of any App of iTunes origin violates intellectual property rights of said party, Art Shares and not Apple will have sole responsibility for the investigations, defense, solution and discharge of such a request in compliance with the present Conditions.
- Downloading or using any App supplied by iTunes, you declare and guarantee that you are not situated in a country which is subject to a United States embargo or which has been defined by the United States government as a country of “terrorist support”, and that you are not in any United States government list of forbidden or reserved parts.
- You and we acknowledge that the branches of Apple and Apple are third-party beneficiaries of these Terms regarding the Apps of iTunes origin and that, after acceptance of these Terms, Apple will have the right (and it will be retained that it has accepted the right) to apply the present Conditions to the user as third-party beneficiary of the present Conditions regarding the Apps supplied by iTunes.
- Since they are not incompatible, the above conditions govern the use of Android mobile apps or apps supplied by Google Play or other operators.
Other websites and services
Our services may include links and functions which allow access to other websites or services and other websites or services may include links to our services.
These links and functions are only for convenience sake and do not constitute or imply any endorsement, guarantee or responsibility on our part concerning such websites or services, or any information, material, goods or service presented on such websites or services.
The user is the sole party responsible, and exclusively accepts the risk deriving from any use of or dependence on such websites or services, information, materials, goods or services presented on such websites or services.
You accept that all complaints or disputes you may have against us, deriving from or relative to these Terms or to our Services, must be resolved exclusively by the judicial authority of the Republic of San Marino.
Variation of Conditions of use
We can change these Conditions of use periodically, at any moment and without notification, publishing such amendments on the Art Shares websites. It is your responsibility to periodically check the Conditions of use to find out whether they have been revised since your last visit to the digital platforms, consulting the date “Latest amendment” on the lower part of this page.
Art Shares srl
Via dei Paceri n. 84/B
Repubblica di San Marino
Modified on January 8th 2020