Terms of Use of this website

Content

Copyright for the photographs and the works reproduced on these pages remains with World Of Art, ArtisTec BV and/or the artists. Reproduction of part or all of the contents of any of these pages is prohibited except to the extent permitted below.

These pages may be downloaded onto hard disk or printed for your personal use provided that you include a copyright notice on each copy and that you make no alterations to any of the pages and do not use any of the pages in any other work or publication in whatever medium stored.

Security

This website may contain links to other websites. Please note that we are not responsible for the privacy practices of other websites. World of Art is not responsible for the content of external websites or the level of their security. The privacy statement below applies solely to information collected by this website.

No part of the World of Art pages may be distributed or copied for any commercial purpose.

World of Art' Policy on Data Protection and Privacy

By using our website you consent to the collection and use of your personal information in the manner set out below. World of Art may collect and use certain types of personal information about people (data subjects) with whom it deals in order to operate. These include current, past and prospective employees, suppliers, students, visitors, and others with whom it communicates.

Examples of personal information include names, photographs, contact details, gender, and age. In addition, it may occasionally be required by law to collect and use certain types of personal information to comply with the requirements of government departments for business data (e.g. health and safety statistics).

Personal information must be dealt with properly irrespective of how it is collected, recorded and used - whether on paper, electronically or recorded on other media.

Specifically, the principles require that personal information shall:

·     be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met

·     be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner     incompatible with that purpose or those purposes

·     be adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed

·     be accurate and, where necessary, kept up-to-date

·     not be kept for longer than is necessary for that purpose or those purposes

·     be processed in accordance with the rights of the individual under the Act

·     have in place appropriate technical and organizational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal information

·     not be transferred to a country or territory outside the European Economic Area (the countries of the European Union plus Norway, Liechtenstein and Iceland) unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data or unless specific agreement has been sought from the individuals concerned

 World of Art will, through the use of appropriate and consistent management and application of controls:

·     observe the conditions in the Act regarding the fair collection and use of information

·     collect and process appropriate information, only to the extent that it is needed to fulfil our operational needs or to comply with a legal requirement

·     ensure the quality and accuracy of information

·     apply checks to determine the length of time information is held

·     ensure that the rights of people about whom information is held, are able to be fully exercised under the Act

·     take appropriate technical and organizational security measures to safeguard personal information

World of Art will ensure that staff and external parties working on our behalf that manage and handle personal information understand that they are contractually responsible for following good data protection practice.

World of Art will ensure that anyone wanting to make enquiries about handling personal information knows what to do. The publication of this statement and Data Protection Standards will achieve this.

Terms & Conditions of Purchase

ArtisTec BV (“ArtisTec BV”) owns and maintains this website: http://world-of-art.artistec.nl  (the “Site”). The following legal terms and conditions (“Terms and Conditions”) govern your use of the Site and/or the Purchase of works of art, products and/or services (“Artwork, Products and/or Services”) through the Site. By accessing, viewing, or using the material on the Site, or purchasing Artwork, Products and/or Services through the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them.

1. Intellectual Property Information

All material contained in the Site is protected by law, including but not limited to Dutch copyright law. Except as indicated, the entire content of the Site, including the images, text, and look-and-feel attributes of the Site, is ©2004 ArtisTec BV. Removing or altering the copyright notice on any material on the Site is prohibited. Copyright and other intellectual property laws protect the Site’s software, documentation, electronic text and image files, audio and video clips, and other material, including reproductions of works of art licensed to ArtisTec BV by third parties (“Materials”). Other restrictions may also apply. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than ArtisTec BV. ArtisTec BV strictly prohibits the copying, display, publication, distribution, modification, or exploitation for commercial or other purposes of any protected Material(s) on the Site.

Requests for use of Materials, in whole or in part, should be sent to the following:

ArtisTec BV

E-mail:  info@artistec.nl

Permission for such use is granted on a case-by-case basis at the sole discretion of ArtisTec BV and/or its licensors. A usage fee may be involved depending on the scope, nature and purpose of the proposed use.

All trademarks, service marks and logos (collectively “Trademarks”) on the Siteare proprietary to ArtisTec BV. Use or misuse of the Trademarks is expressly. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademarks displayed on the Site without written permission of ArtisTec BV.

2. Conditions Governing Sale of Artwork, Products and/or Services

2.1 Acceptance.

Orders placed by Users through the Site for the purchase of Artwork, Products and/or Services shall be deemed to constitute an offer by the User (also referred to herein as “Purchaser”) to enter into a contract on these Terms and Conditions, which offer can be accepted by ArtisTec BV by shipping the order.

2.2 Payment.

Payment of the Purchase Price specified on the Site Order Page for each Artwork, Product and/or Service selected by Purchaser, and any applicable delivery/shipping costs, or other expenses of any kind or nature, including but not limited to VAT, sales tax, customs duties, artist resale royalties, export or import charges (collectively “Shipping and/or Other Expenses”), is due in full by an acceptable credit card at the time of shipment.

2.3 Delivery.

ArtisTec BV will, on receipt of the Purchase Price and any applicable Shipping and/or Other Expenses, arrange for delivery of the Artwork and/or Product to the Purchaser via common carrier (“Shipper”) at the address specified on the Site Order Page. Shipper, Artist and/or ArtisTec BV will pack and insure the Artwork and/or Product for at least the full Purchase Price and name ArtisTec BV as the insured party. In the instances where customers have opted to pick up their purchases, sale will be as is and ArtisTec BV shall not be bound by the terms of this paragraph.

2.4 Artwork description page.

Sales of all Artwork, Products and/or Services are governed by these Terms and Conditions, as well as any detailed exceptions as included in individual Artwork, Product and/or Service descriptions on the website. While ArtisTec BV is committed to providing excellent customer service, Purchasers must note that, due to their inherent characteristics, Artwork(s) may require additional handling or other considerations as stated in an Artwork’s description page that may modify these Terms and Conditions. These considerations may or may not include a restocking fee to be borne by the Purchaser for Artwork(s) and/or other Product(s) returned to ArtisTec BV that requires special shipment.

2.5 Title.

ArtisTec BV and Purchaser agree that the sale of Artwork and/or other Products and the transfer of title in the Artwork, Products and/or Services from the Artist to Purchaser shall take place only after the Purchaser has paid the Purchase Price and Shipping and/or Other Expenses in full as provided herein, and the Purchaser takes actual possession of the Artwork, Products and/or Services. At such time as title passes to Purchaser, risk of loss will also pass to Purchaser, and if the Artwork and/or other Product are damaged in transit, Purchaser should contact ArtisTec BV immediately at info@artistec.nl for further instructions on how to proceed.

2.6 Returns.

Purchaser may return, at ArtisTec BV’ expense, an Artwork and/or other Product, in the same condition as received by Purchaser, for a full refund of the Purchase Price for any reason within seven (7) business days after delivery of the Artwork and/or other Product. After seven (7) days following delivery of the Artwork and/or other Product, all sales are final. All returns are to be made directly to ArtisTec BV. Purchaser must notify ArtisTec BV by phone or email of intent to return an Artwork and/or other Product within fourteen (14) business days after delivery of the Artwork and/or other Product and prior to its return shipment.

2.7 Note on returns:

Purchaser may be required to pay a restocking fee for Artwork and/or other Product returned to ArtisTec BV that require special shipping.

3. Commissioned and custom-made Artwork:

All sales are final. Purchaser will have to pay first. No refunds or returns will be permitted or accepted.

4. Unavailability of Artwork and/or other Products.

All Artwork and/or other Products featured on the Site are offered on a first-come basis. As between two or more potential Purchasers of a given Artwork and/or other Product, the potential Purchaser who first submits a complete and otherwise acceptable order by e-mail or otherwise, shall have first rights to purchase a given Artwork and/or other Product. Notwithstanding the foregoing, ArtisTec BV does not guarantee the availability for purchase of any Artwork and/or other Product featured on the Site. Moreover, in its sole and exclusive discretion, and for any reason whatsoever, ArtisTec BV reserves the right to withdraw from sale, or unwind any transaction for the purchase of, any Artwork and/or other Products before the actual transfer of title to the Purchaser as provided above/herein. In the event an Artwork and/or other Product is unavailable for any reason, the Purchaser may, at his or her option, obtain (1) a full refund of any amounts paid to ArtisTec BV or, (2) a full credit for amounts paid applicable to the purchase of any other Artwork and/or other Product(s) available at that time.

5. Remedy for Purchaser’s Failure.

If any of the Terms and Conditions herein are not complied with in a timely manner by the Purchaser, in addition to other remedies available to ArtisTec BV by law, including without limitation the right to hold Purchaser liable for the Purchase Price, ArtisTec BV may hold the Purchaser liable for any and all costs of collection, reoffer, handling charges, commission, and any legal fees and expenses attributable to Buyer’s breach of the Terms and Conditions.

6. Copyright In Artwork.

The Artist reserves all rights protected under law in all Artwork purchased by the Purchaser. The sale of a given Artwork does not include any assignment, transfer or license to Purchaser of the right to reproduce, modify or create derivative works of any Artwork, unless such right is expressly granted in writing by the Artist.

7. Communications with and/or Postings on the Site

ArtisTec BV welcomes feedback and suggestions about how to improve the Site and our services, and may offer users access to discussion areas designed to facilitate communication between and among users of the Site regarding the contents of the Site. Any ideas, suggestions or postings submitted to the Site shall be deemed accompanied by permission for ArtisTec BV to adopt and use them without additional consideration.

8. Disclaimer of Warranty and Liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS, AND USERS MUST EXERCISE THEIR DISCRETION IN ALLOWING MINORS TO USE THE SITE. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ARTISTEC BV SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF OR RELIANCE ON THESE MATERIALS OR THE SALE, OFFERING OR PURCHASE OF ARTWORK AND/OR OTHER PRODUCTS VIA THE SITE.

ANY AND ALL ARTWORK AND/OR OTHER PRODUCT OFFERED FOR SALE BY ARTISTEC BV ON THE SITE IS OFFERED “AS IS” AND ARTISTEC BV HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SALE OF ANY ARTWORK AND/OR OTHER PRODUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MARKETABILITY, NON-INFRINGEMENT, VALUE, RARITY, IMPORTANCE OR CONDITION. NO STATEMENT, EITHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A GUARANTEE, WARRANTEE OR REPRESENTATION. 

9. Corrections and Changes

While ArtisTec endeavors to keep the Materials up to date, ArtisTec BV cannot assume responsibility for errors or omissions in these materials. ArtisTec BV does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. ArtisTec BV may make changes to the Materials, or to the products/services described herein or offered through the Site, at any time without notice, and makes no commitment to update the information contained herein. ArtisTec BV reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions.

10. Indemnification

You agree to defend, indemnify, and hold harmless ArtisTec BV and all of its directors, officers, employees, representatives, proprietors, partners, shareholders, affiliates, principals, agents, predecessors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, your purchase of any Artwork, Product and/or Service via the Site, the delivery of Artwork and/or Product to a location specified by you, and/or any breach by you of these Terms and Conditions.

11. Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. ArtisTec BV will not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

12. Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of the Netherlands, without reference to its choice of law rules. By accessing, viewing, or using the Material on this Site, or purchasing Artwork, Products and/or Services via the Site, you consent to the jurisdiction of the federal and state courts presiding in the Netherlands, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

© World of Art 2004 | Terms and conditions | Privacy statement