LOVART.BE - TERMS AND CONDITIONS OF USE (Customers)
The company LOVART, a private limited company (SPRL), whose registered office is located at Boulevard de Waterloo, 55 in 1000 BRUSSELS, registered at the bank-crossroads of the companies under the number 0664.825.033 (hereinafter "LOVART"), puts in place, on the website www.lovart.be (hereinafter the "Platform"), a market place allowing buyers (hereinafter "Customers" or "You"), after registration, to be put via this platform, in relation with professional sellers or private collectors (hereinafter "Partners") for the purpose of buying artworks (hereinafter "Artworks") offered at a fixed price (hereinafter Service ").
Sales made through the Service between Customers and Partners are governed by the Terms and Conditions of Sale of the Service (hereinafter the "Terms"), which must also be accepted by the Customer for each purchase, these conditions complete the present Customer T&C.
LOVART reserves the right to modify these Customer T&C. Any changes will take effect immediately for Online Products as soon as they are posted on the Platform.
The purpose of these Customer T&C is to define the conditions under which LOVART makes available to Customers, as part of the Service, the technological tools used to purchase Products from Partners.
2. Description of the Service
The Service consists of a set of tools allowing Customers to register on the Platform, to be in relations with Partners to place orders for Products, to pay the price of the Products and to confirm receipt of the Products.
Transactions made via the Service for the purpose of purchasing the Products are concluded directly between the Customer and the Partner. LOVART is in no way reseller of the Products offered by the Partners through the Service. Thus, Products purchased via the Service can not be taken back or exchanged by LOVART.
However, in a constant effort to improve the quality of its services and in order to better select its partners, LOVART invites you to share with them all the comments and suggestions that You might wish to bring to its attention concerning the quality of transactions carried out through the Service. For this purpose, LOVART provides you with a contact form.
In the event of non-compliance with the present Customer T&C, LOVART reserves the right to temporarily or definitively interrupt access to the Service for the concerned Customer.
Each Client undertakes to conclude the purchases in good faith.
3. Access to the Service
In addition to the acceptance of these Customer T&C, the access to the Service is subject to the opening of an account on the Platform. To do this, you must provide the data for your identification. When opening this account, You agree to provide only accurate information, then to inform LOVART without delay of any changes affecting them, using the contact form.
To use the Service, You must use the username and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. Indeed, You will be solely responsible for access to the Service with your username and password, unless there is evidence of fraudulent use that is not attributable to You.
In case of loss, misappropriation or fraudulent use of your username and/or password, You agree to notify LOVART immediately by using the contact form.
4. Price of the Service
The opening of an account and the use of the Service are free, without any obligation of purchase on the Platform. Only the purchase of Artworks for Partners is subject to payment, under the conditions stipulated in the Customer T&C.
5. Personal data
The information and data concerning You are processed by LOVART. Unless otherwise stated, they are essential to the management of your account and your access to the Service. These information and data are kept for security purposes, in order to comply with the legal and regulatory obligations incumbent, if any, to LOVART, as well as to enable us to improve and personalize the services we offer and the information that we provide and we adress You.
In accordance with the law called "vie privée" of December 8, 1992, You have a right to oppose, access, rectification and deletion of personal data about You, under the conditions provided by the law.
You will be likely to receive offers from our company, depending on your choices made during the creation or consultation of your account. If you do not wish it any more, you can at any time make the request by specifying it in the heading "My account".
6. Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Platform are strictly reserved under copyright and intellectual property for the entire term of protection of these rights and for the whole world. As such, only use for private use, subject to different or even more restrictive provisions in force is allowed.
Any reproduction, representation, modification or adaptation, in whole or in part, of the Platform and / or all or part of the elements on the Platform or incorporated therein is strictly prohibited.
Customers undertake to make their best efforts to report to LOVART any infringement of intellectual property rights they may see.
7. Liability and guarantees
The use of the Platform implies the knowledge and acceptance of the characteristics and limits of the Internet, or translations of the Platform in languages other than French and especially those relating to technical performance; response time to view, query or transfer information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of any breach on its part, LOVART can not be held responsible for any damage that may be suffered by a Customer.
It is the responsibility of any user of the Platform to take all appropriate measures to protect their own data and / or software stored on the computer equipment that is connected to the Platform, against any attack on them as well as to be able to assess whether there is a manifest error in the information displayed on the Platform (by sending an email to firstname.lastname@example.org) so that any useful checks can be made, if necessary to correct the wrong information.
LOVART's liability to the Customer can only be engaged for facts that would be exclusively attributable to them and that would cause him harm directly related to these facts. They can not be held liable for consequential damages. The responsibility of LOVART can not be engaged because of the misuse of the Service by the Customer or any fault on his part. Nor can it be held liable for facts attributable to a third party to the Service.
By using the Platform, the Customer declares that he is fully aware of the characteristics and constraints of the Internet, that he is solely responsible for the information he provides in connection with his account on the Platform and his relations with the Internet, and the other users of the Service.
Finally, LOVART disclaims any liability concerning the sales concluded by Customers through its Service with Partners, to which LOVART remains foreign. Any complaints regarding the comments on the Products description will be redirected to the designated Partner, who will assume full and sole responsibility for this.
The Customer is solely responsible for the use he makes of the Service. The Customer undertakes, on first request, including in the event of a non-final court decision, to indemnify and compensate LOVART for any damage, loss, loss of earnings, complaint, liability and costs, including fees and consulting fees LOVART should be asked for if its liability is incurred by a third party, because of a claim or action related to this use of the Service by the Customer.
Customers are informed that LOVART can communicate all information relating to them, including registered, to the competent departments responsible for the repression of fraud and offenses.
8. Partial invalidity
If one or more stipulations of the present Customer T&C are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their strength and all their reach.
9. Duration and validity
The Customer is subject to these Customer T&C as soon as he is registered on the Platform and until the deletion of his account, whether or not the latter makes transactions on the Platform. LOVART reserves the right to modify these Customer T&C at any time.
The modified Customer T&C will be posted on the Platform. The Customer will be kept informed of the changes by receiving an email from LOVART at the e-mail address indicated by the Customer when registering for the Service.
The applicable Customer T&C are those in effect on the day the Customer uses the services of the Platform.
10. Applicable legislation
The present Customer T&C are subject to Belgian law. Any dispute relating to their interpretation and / or execution is the responsibility of the French-speaking courts of the district of Brussels.