These Terms and Conditions (“Terms”) shall be binding on all those persons who visit, view, access, browse, surf, use or purchase any item through our website (collectively the “Use”) just-artgallery.com including its sub-domains, website pages, hyperlinks and mobile optimized version, if any (“Website”). The Website is operated by Mr. Justin Klunder having his registered address at Hobbesteeg 6 1941CB Beverwijk, The Netherlands (hereinafter referred to as “we,” “us” or “our”). Any ancillary terms, guidelines, the Privacy Policy and other documents made available by the Website from time to time and as incorporated herein by reference shall be deemed to be an integral part of these Terms.
These Terms constitute a legally binding agreement between you as the visitor, viewer, accessor, browser, surfer, user or purchaser of any item through the Website (hereinafter referred to as “you”, “your” or “User”) and us concerning your Use of the Website or the Website Services (defined in Section 3 below). If you are using the Website or the Website Services on behalf of an entity, organization or company (collectively “Subscribing Organization“), you declare that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, “you” in these Terms refers to your Subscribing Organization and any individual authorized to use the Website Services on behalf of the Subscribing Organization including you.
2. Acceptance of these Terms
Each time by Using the Website Services or the Website or submitting any content or material therein you agree to abide by these Terms, as amended from time to time with or without notice.
We reserve the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Website Services (or any part thereof) with or without notice.
We may modify these Terms from time to time and any change to these Terms will be reflected on the Website with the updated version of these Terms and you agree to be bound to any changes to these Terms when you Use the Website or the Website Services. We may also, in our sole and absolute discretion, choose to alert via email all such users whose information is available with us about such modifications.
There may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and such other information and we reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice.
When you register an account on the Website and/or upload, submit or enter any information or material in the Website or use any of the Website Services, you shall be deemed to have agreed and understood these Terms.
3. Website Services
The Website is an e-commerce platform or an online art gallery and offers the following services (“Website Services”):
The Website allows the Users to consult with catalogues of various artists’ artworks offered for sale and also provides information about present and modern art.
The Website allows the Users to purchase various artworks from different artists including, but not limited to, original art, modern art, contemporary art, portrait, street art, pop art, abstract and art prints.
The Website rents art pieces to business Users/entities for an agreed period. In such case, the Website requires these business Users/entities to first pay full price of an art piece and, after completion of the agreed period, the Website refunds the amount paid by the Users to them and charge certain rental fee. Shipment cost for delivering the art pieces are borne by business Users/entities.
The Website Services may be availed by a User by signing up or registering an account with the Website. As a proof of ownership of relevant artists, the Website makes available therein certificate of authenticity relating to art pieces listed in the Website.
The following are acceptable payment modes through which the Users may make us payment in relation to their purchases:
Credit or debit card payments (Visa, Mastercard, American Express, Discover, Diners Club, JCB);
Web payments (such as Apple Pay and Google Pay);
PayPal Credit, which makes it easy to finance purchases, is available for some customers depending on location and browser;
4. Website Services Availability
We shall use commercially reasonable efforts to keep the Website up and running 24 hours a day, seven days a week; however, we may carry out scheduled and unscheduled maintenance work as may be necessary from time to time and such maintenance work may impact the availability of the Website.
5. Account Registration
In order to use the Website Services provided through the Website, you will be required to sign up and register an account with the Website. At the time of registration of your account, you will be asked to complete a registration form which shall require you to provide personal information such as name, address, phone number, email address, username and other personal information.
Upon verification of details, the Website may accept account registration application.
You represent, warrant and covenant that: (i) if you are using the Website on behalf of a Subscribing Organization, you have full power and authority to accept these Terms on behalf of that Subscribing Organization; (ii) you will use the Website and Website Services for personal purposes only; and (iii) the address you provide when registering is your personal address or, in the case of a Subscribing Organization, the address of that organization.
You must not allow any other person to access or use your account made at the Website.
You must notify us immediately by e-mail if you become aware of any unauthorized access or use of your account.
You must not access or use any other person’s account unless you have that person’s express written permission to do so.
The Data is only collected to the extent that is necessary to fulfil the purpose(s) for which it is required;
6. User IDs / Username and Passwords
If you create an account with the Website, you will be asked to choose a User ID and password. Your User ID must not be misleading and must comply with the content rules set out in these Terms; you must not use your account or User ID for or in connection with the impersonation of any person.
You shall be responsible to maintain the confidentiality of your password and for all uses of your account, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your account.
You must notify us at info@just-artgallery.com or +31631789083 if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
We will not be held liable for any loss suffered by you as a result of authorized use of your account by any third party.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
7. Termination of Account and Discontinuation of Use
If you engage in any prohibited conduct or otherwise violate any of these Terms, your account or permission to use the Website may be terminated.
You agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Website and any accounts you may have in connection with the Website Services including: (i) where we determine, in our sole discretion, that such action is reasonable in order to comply with legal requirements or to protect our rights or interests or any third party; or (ii) in connection with any general discontinuation of the Website Services.
We will have no liability whatsoever on account of any change in the Website Services or any suspension or revocation of your access to or use of the Website. You may terminate your account at any time by sending us an email to info@just-artgallery.com.
8. Electronic Signature Consent
You agree that your “Electronic Signature” to these Terms is the legal equivalent of your manual signature for these Terms thereby indicating your consent to do business electronically.
By clicking on the “Accept” button in the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with us; effective on the date you first click to accept these Terms.
9. Electronic Delivery of Communications
You agree to receive communications from us/Website in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you as well as such other documents, statements, data, records and any other communications regarding your relationship with us/Website.
You accept that the electronic documents, files and associated records provided via your account with the Website are reasonable and proper notice for the purpose of any and all laws, rules, and regulations and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. We reserve the right to require ink signatures on hard copy documents from the related parties at any time.
10. User Responsibility
Users are solely responsible for all of the transactions conducted on, through or as a result of use of the account at the Website or the Website Services.
You agree that the use of the account at the Website and/or the Website Services is subject to all applicable state and federal laws and regulations. You also agree:
not to use the Website for illegal purposes;not to commit infringement of any law by using the Website;
not to copy any content contained in the Website for republication in print or online as the same is subject to intellectual property laws;
not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
not to attempt to gain unauthorized access to other computer systems from or through the Website;
not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
not to upload or transmit viruses or other harmful, disruptive or destructive files;
not to disrupt, interfere with or otherwise harm or violate the security of the Website or any services, system restores, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked website;
not to use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
not to use the Website in any way that is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
not to access or use the Website using any robot, spider or other automated means;not to violate the directives set out in the robots.txt file for the Website;
not to use data collected from the Website for any direct marketing activity (including without limitation e-mail marketing, SMS marketing, telemarketing and direct mailing);not to infringe these Terms or allow, encourage or facilitate others to do the same;
not to plagiarize and/or infringe the intellectual property rights or privacy rights of any third party;
not to disturb the normal flow of the Website Services provided within the Website;
not to create a link from the Website to another website or document without our prior written consent;
not to obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Website;
not to create copies or derivate works of the Website or any part thereof;
not to reverse engineer, decompile or extract the Website’s source code;
not to remit or otherwise make or cause to deliver unsolicited advertising, e-mail spam or other chain letters;
not to collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or not to pretend to be or misrepresent any affiliation with us or any legal entity or third party.
In addition to the above clause, unless specifically endorsed or approved by us, the following uses and activities of and with respect to the Website and the Website Services are prohibited:
11. Third party websites
The Website may contain hyperlinks to other websites owned and operated by third parties. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Goods and services of third parties may be advertised and/or made available on or through the Website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. The Website is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with the terms and conditions for the third party websites. We shall not be liable for or responsible in any manner for any of your dealings or interaction with those third parties.
We have no control over third party websites and their contents and it accepts no responsibility for them or for any loss or damage that may arise from your use of them.
We do not always review the information, pricing, availability or fitness for use of such products and services available in third party website and they will not necessarily be available or error free or serve your purposes and any use thereof is at your sole risk. We do not make any warranties, whether express or implied, regarding any third party websites (or their products and services). Any linked websites are ruled by their privacy policies, terms and conditions and legal disclaimers. Please read those documents, which will rule any interaction thereof.
We may provide tools through the Website Services that enable you to export information to third party services, including through use of an API or by linking your account on the Website with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such user content and information to the applicable third party service. Such third party services are not under our control and we are not responsible for the contents of the third party service or the use of your user content or information by the third party service.
12. Ownership
The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Website are the property of or otherwise are licensed to us or our licensors or affiliates, whether acknowledged (or not) and which are protected under applicable intellectual and proprietary laws throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.
Nothing herein contained shall be construed as an intent to grant you any interest in the Website or in the Website Services in whole or in part. All content and materials included in the Website such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to us, our affiliates, our licensors or to the appertaining third party copyrights holder.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content available in the Website may cause us, our affiliates, licensors or content providers irreparable injury which may not be remedied solely at law and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
13. Term and Termination
The term hereof shall begin on the date that comes first among: (i) your first access to the Website; (ii) your first access or execution of the Website Services; or (iii) we begin providing the Website Services to you.
The term hereof will automatically end on the earlier date of either: (i) your account termination, deactivation, suspension, freezing or deletion; (ii) your access termination or access revocation for the Website; or (iii) our decision to make the Website or the Website Services no longer available for use at our sole and final discretion.
14. Representation
As a User of the Website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation.
15. Amendments
We reserve the right to update, modify, change or amend these Terms and/or the Privacy Policy at any time and at our sole discretion. We may change the Website’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Website and we may notify you through the Website or by e-mail. Please refer to the date shown above for the date where effective changes were last made by us. Your use of the Website Services after the effective date of any update – either by an account registration or simple use – thereby indicates your acceptance thereof.
16. No warranty
Neither we, nor our affiliates, subsidiaries, officers, employees and agents warrant that the Website will be error-free, uninterrupted, secure or produce any particular results; or that any listing, purchase, order, amount, information and/or content will be current and/or valid. No warranty or representation is made with regard to the Website Services or products of third parties contacted on or through the Website. In no event shall we or our affiliates be held liable for any of the foregoing.
17. Disclaimer of Damages
In no event shall we be liable to you for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website.
To the fullest extent allowable under applicable laws, we hereby expressly disclaim any and all liability of any kind with respect to the Website or the Website Services including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Website Services displayed on the Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.
18. Generals
Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Website. Accordingly, your participation or undertakings in promotions of third parties and any terms, conditions, warranties or representations associated with such undertakings are solely between you and such third party. We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.
Force Majeure. We will not be liable for non-delivery of goods or services ordered by you by using your account with the Website or the Website Services or for any failure of performance of our obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Severability and Waiver. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure or delay of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
19. Contact
For any inquires or complaints regarding the Website Services or the Website, please contact us at +31 631789083 or by email at info@just-artgallery.com.
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