General terms and conditions

1. Agreement to the general terms and conditions

Hereinafter any reference to the Platform shall include reference to the Services performed via the Platform and vice versa.

Minors are not allowed to use our Services.

Any person that uses our Services represents and warrants that he or she has the legal capacity to do so. More specifically, You confirm You cannot be qualified as a minor under any applicable (consumer) law and have legal capacity to enter into and form binding contracts under applicable law.

By accessing the ARTASSISTANT.COM website, whatever the internet address or URL used and/or subscription and/or registering on the ARTASSISTANT website, You accept to be bound by all the terms of these General Terms and Conditions. You recognise more specifically that You have read and understand all its provisions and their legal consequences.

If You do not agree to these General Terms and Conditions and the Privacy Policy, do not use the Platform, nor request/complete registration for an ARTASSISTANT account/any Service.

By using/accessing our Services, You agree that Your (personal) information may be collected, stored, shared, used and or processed in any other way in accordance with our Privacy Policy and these General Terms and Conditions. You confirm that Your consent is free, informed, specific and explicit and that we may verify such consent in any technical way permitted in accordance with applicable law.

Specific Services may entail Specific Terms and Conditions. By using those Specific Services You agree to their Specific Terms and Conditions.

2. Changes to the general terms and conditions

ARTASSISTANT reserves the right to modify, add or remove any part of these General Terms and Conditions without notice.

Your continued use of the Platform or Services following the posting of modifications to the General Terms and Conditions will imply You accept those modifications.

You agree to review these General Terms and Conditions carefully and inform Yourself of all applicable changes before buying or borrowing any artwork or other property.

Changes to these General Terms and Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these General Terms and Conditions in effect at the time that such transaction, claim or dispute arose.

3. Use of the platform

The User accepts sole responsibility for making use of the Platform and/or any related Services.

ARTASSISTANT’s obligations are limited to that of due care and diligence and can by no means be qualified as an obligation of result.

The User agrees to register its ARTASSISTANT account in order to use (certain) Services. In this respect, You agree to provide only true and accurate information in connection with Your account, and to update all such information as necessary to keep it accurate and up to date.

Users must receive our express written permission and may be required (at our sole discretion) to provide additional information before they are allowed to offer or sell artwork or other property on or through our Platform. The General Terms and Conditions may not be interpreted as providing permission to use our Platform as a seller before obtaining such permission.

You agree to take any necessary measures in order to guarantee the confidentiality of Your ARTASSISTANT account password, and for all activities that occur under or through Your account or password. You agree to notify us immediately if You suspect and/or become aware of any unauthorized access to/or use of Your ARTASSISTANT account or password or other breach of security with regard to our Services.

An ARTASSISTANT account is exclusive (i.e. cannot be used by anyone else than the registered User) and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer Your ARTASSISTANT account, or any access to or use of our Services, to any third party.

ARTASSISTANT cannot be held responsible for any fraudulent use of the ARTASSISTANT account, the username and/or the password of the User. We advise users to activate 2-factor authentication.

You acknowledge that ARTASSISTANT has no obligation to screen, review and/or monitor any user content. Furthermore, You acknowledge that by using our Services, You may be exposed to user content that is inaccurate, misleading, or offensive.

ARTASSISTANT reserves the right, however, to screen, review and/or monitor all user content and/or communications transmitted on or through our Platform. Moreover, we reserve the right to enforce or investigate potential violations of the ARTASSISTANT General Terms and Conditions [or Specific Terms and Conditions], and or any other agreements with Users, in order to detect, prevent or otherwise address fraud, security or technical issues, and also to respond to claims against us or comply with any law, regulation, legal process or governmental request. Additionally, You acknowledge such content and/or communications may be used to improve or operate our Services and/or customer support, all of this without notice or liability, at any time at our sole discretion.

Upon infringement of the General Terms and Conditions, the User’s ARTASSISTANT account and the contractual relationship as such may be suspended/limited/terminated immediately by ARTASSISTANT. Such suspension of cancellation will not lead to any right for reimbursement, nor any indemnity for the affected User. The User holds ARTASSISTANT harmless with regard to any claim in this respect from a third party which has been affected by such suspension or cancellation.

ARTASSISTANT reserves the right to claim from any User, non-compliant to these General Terms and Conditions, the payment of any sum unduly paid as a result of the fraudulent use of their account by any other User and/or a third party.

4. International Use

If You are located outside of Belgium, You agree to ensure that Your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

If You are located in a country embargoed by the European Union or one of its Member States, and or any other nation, You must not perform any transaction or engage in any other commercial activity on or in connection with our Services.

5. ARTASSITANT’S SERVICES

ARTASSISTANT.COM is a Platform which provides information society services within the meaning of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('E-commerce Directive'). The information society services provided include (yet, are not limited to) the following:

Collection Manager

This Service allows a User to:

  • create an online collection folder;
  • request expertise of an art work in the collection;
  • create a wish list with regard to artists You wish to follow;

My Personal Site

This Service allows a Gallerist/Museum to:

  • Manage a personal website
  • Publish content entered in the Collection Manager application
  • Publish your gallery contact information
  • This service may be offered by a third party.
  • The User agrees to Specific Term and Conditions in respect to the My Personal Site Service.

This service may be offered by a third party.

The User agrees to Specific Term and Conditions in respect to the My Personal Site Service.

Market Platform

This Service allows a User to:

  • offer artwork or other property for sale (private object/gallery object)
  • search, make an offer, or buy artwork or other property available for sale
  • pay through various payment methods (the payment provider may be a third party)
  • receive automatic confirmation when payment is processed
  • tracking when sent to buyer (if the seller has provided this option)
  • confirm or report a problem within 14 days after receipt

Borrow Objects

  • This Service allows a User (*initially not for collectors) to:
  • search for artwork or other property from lenders;
  • create a borrowing agreement;
  • arrange for possible transport support when available;

Lend Objects

This Service allows a User (*initially not for auctioneers) to:

  • offer artwork or other property to lend;
  • create a borrowing agreement;
  • arrange for possible transport support when available;

Art in My Space (*)

This Service allows a User to:

  • upload a picture from a room or space
  • enter approximate size and budget
  • make suggestions with regard to a certain artwork or other for which you can contact the seller through ARTASSISTANT

(*This function is not yet available)

Search for Values

This Service allows a User to:

  • search auction results
  • search sales result on ARTASSISTANT.COM. The origin of this data comes from third parties to which the references are shown, when available.

Exhibition Calendar

This Service allows a User to:

  • search for other events from artists
  • search events from artists they own in the Collection Manager or follow in the wishlist

ARTASSISTANT shall have the right, in its sole discretion, to suspend, limit, terminate, change, or discontinue, temporarily or permanently, any aspect of its Services, including, but not limited to content, features, and hours of availability, without further notice to You. Furthermore, ARTASSISTANT may also limit certain (features of) Services, or restrict Your access to parts or all of the Platform or Services. ARTASSISTANT may do so with or without further notice or liability towards You and or any third party.

6. Fees and Payments

There are 4 types of fees/payments with regard to the ARTASSISTANT Services:

  1. Annual recurring payments for Services renewing on a 365-day basis.
  2. Monthly recurring payments for Services renewing on a 30 day basis.
  3. One-time payments for Services which do not renew, such as a personal service request.
  4. One-time payments for artwork or other property bought on the ARTASSISTANT Marketplace. When the artwork is accepted by the buyer, or without response after 14 days, this money is automatically transferred to the seller and the commission is sent to ARTASSISTANT.

All fees are listed on each Service page describing the subscriptions and in the registration page and cart. You agree to pay the price indicated in the pricing schedule set forth on these pages.

Terms with regard to any type of fee/payment

Fees/Prices are shown in Euro (EUR/ €) for all countries, except the US. All transactions are handled in Euro currency, except for US customers. Indication to US Dollars is solely for reference purposes only.

ARTASSISTANT cannot be held liable for any difference that may arise between the estimated amount of Your order and the invoiced amount, due to changing currency rates and/or bank fees and/or any other related costs in respect to the transaction.

In the event of online or deferred payments by the User being rejected (for any reason), ARTASSISTANT reserves the right to suspend or cancel without prior warning the transaction and/or the ARTASSISTANT account related to that transaction and/or any related account, and to bill the User for any costs related to such rejected payments.

All payments (i) between Users and (ii) from Users to ARTASSISTANT will be processed by Stripe Inc. and its affiliates, including Stripe Payments UK Ltd (“Stripe”). You acknowledge to have taken notice of and expressly agree with the Stripe Connected Account Agreement (https://stripe.com/be/connect-account/legal) and the Stripe Services Agreement (https://stripe.com/fr/legal) that apply in respect to the payment processing services provided by Stripe.

ARTASSISTANT may replace the third-party payment processing services provider without notice to You. ARTASSISTANT does not come into possession of and does not control any funds that are transferred between the Users. You acknowledge that ARTASSISTANT does not act in the name and/or on behalf of any of the parties involved.

When creating an ARTASSISTANT account or purchase, you need to provide accurate information regarding Your account, including e.g. Your VAT registration number (if any), Your country of residence and valid credit card information.

Our payment processing services provider will offer different possibilities to perform the payment, which may in turn take place by involving another third party. Payment methods may vary depending on your home country and may include credit card, wire transfer, etc.

ARTASSISTANT may enter into separate agreements with particular Users with respect to payments that are not handled by the third-party payment processing services provider. [Please note that in such case, it should be carefully considered whether this activity would still be exempted under the Payment Services Directive]

You are responsible for keeping Your account information (including Your address and credit card information) correct and up to date. 

Terms with regard to annual recurring payments

The following Services are provided in exchange for annual recurring payments:

  • pro account for users with a vat number,
  • premium account for users without vat number
  • …

You agree that You will pay the entire price for aforementioned Services upfront for the whole year. All annual subscriptions renew automatically until cancelled by you via e-mail in accordance with the General Terms and Conditions.

Stripe Payments UK Ltd is registered with the Belgian regulator (the National Bank of Belgium) as an electronic money institution subject to the law of another Member State of the European Economic Area that provides its services in Belgium under free provision of services.

Your credit card will be fully charged, or bank account will be fully debited upon sign up. If the renewal charge fails, the subscription will expire automatically after such non-successful renewal charge. 


Terms with regard to monthly recurring payments

The following Services are provided in exchange for monthly recurring payments:

  • pro account for users with a vat number
  • premium account for users without vat number

You agree that You will pay the entire price for aforementioned Services upfront for the whole month. All monthly subscriptions renew automatically until cancelled by You via e-mail in accordance with the General Terms and Conditions.

Your credit card will be fully charged or bank account will be fully debited upon sign up. If the renewal charge fails, the subscription will expire automatically after such non-successful renewal charge.

Terms with regard to one-time payments for Services which do not renew

The following non-renewable Services are provided in exchange for one-time payments:

  • any personalised service for the user

If You have purchased a non-renewable Services with a one-time payment You agree to pay the indicated price at the time of purchase.

You have no right on refund as the personalised service is in process and/or delivered.

Your credit card indicated in the registration process will automatically be charged for these Services. You might choose a different option, provided by the payment provider.

Terms with regard to one-time payments for artwork or other property bought on the ARTASSISTANT Marketplace

The following non-renewable Services are provided in exchange for one-time payments:

  • buy an artwork from one of the sellers on the platform,
  • request an extra service which might be connected to the system

If You have purchased artwork or other property with a one-time payment You agree to pay the indicated price at the time of purchase.

Your credit card indicated in the registration process will automatically be charged for this artwork or other property. Or you might choose a different option, provided by the payment provider.

 

The sale contract between the buyer and the seller will only be deemed to be concluded on the moment that ARTASSISTANT receives the payment of the Total Purchase Price on its market place account and subsequently sends a confirmation thereof to the buyer and the seller.

The buyer must pay the Total Purchase Price when ordered (“Payment Deadline”).

The “Total Purchase Price” includes:

  • the purchase price of the artwork or other property and;
  • any sales tax, use tax, VAT and/or any other taxes or levies that the seller or ARTASSISTANT is required to collect from the buyer under applicable law. The seller must provide an all in fee.

A defaulting buyer will be liable to ARTASSISTANT and the seller for any costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with a default of payment, e.g. not paying the Total Purchase Price and/or not paying within the Payment Deadline.

The defaulting buyer will be held liable for the collection of any amounts due.

Commission

The seller receives the Total Purchase Price minus any sales tax, use tax, VAT and/or any other taxes or levies that ARTASSISTANT (and/or the third party payment processor) is required to withhold in accordance to any applicable law, and minus ARTASSISTANT’s commission of 15% commission (excl. VAT), unless otherwise agreed upon.

Cancelation and refund

In accordance with the European Union (“EU”) Directive on Consumer Rights (2011/83/EC), a buyer in the EU (an “EU Buyer”) has a right to cancel a sale contract within fourteen (14) days after they or a person they authorize (other than the carrier) takes physical possession of the artwork or other property, for any reason and without incurring liability for doing so.

To exercise this cancellation right, the EU Buyer must inform the seller and ARTASSISTANT through a clear statement (i.e. a letter sent by post or e-mail).

The artwork or other property with regard to which this cancelation right is exercised will be refunded by the seller as well as any transportation costs.

7. TRANSPORT

Any reference to ARTASSISTANT will also include reference to its directors, agents, employees, content providers, affiliates, licensors, and licensees.

ARTASSISTANT can provide assistance with regard to transport of artwork or other property, in connection with the Services.

ARTASSISTANT may provide the User with an automatic quote when buying or borrowing artwork or property via the Platform.

The buyer or lender may choose the transportation method.

The buyer/borrower is required to pay all costs with regard to the artwork or other property that has been purchased or borrowed via the Platform. Aforementioned costs entail (but are not limited to) all costs with regard to air, land & sea freight including packaging, labour costs, transit insurance fees and any related costs.

ARTASSISTANT may, but is by no means obliged to, facilitate communication between buyers/borrowers, seller/lenders and the transportation service providers. However, any such support and/or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by ARTASSISTANT.

ARTASSISTANT is not the agent of any buyer/borrower, seller/lender or third party in connection with the transportation of any artwork or other property. ARTASSISTANT is not liable for the acts, omissions or policies of the seller/lender or any third party in connection with the transportation of any artwork or other property. Unless ARTASSISTANT specifically agrees otherwise in writing with respect to certain artwork or other property, ARTASSISTANT has no responsibility for the delivery of any purchased/borrowed artwork or other property.

8. SPECIFIC PROVISIONS

Market Place

As a Platform, we do not own, take title to, have possession of, or sell the artwork or other property listed, marketed, offered or sold on or in connection with our Services (whether online or offline).

We do not sell property in the name an/or on behalf of the seller.

All property is offered for sale and sold directly from the seller to the buyer. ARTASSISTANT is not a party to such transaction. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of property from the seller to the buyer, nor in case of returning the artwork or other property.

The buyer and seller can send messages vis-à-vis each other anonymously. Yet they acknowledge being aware of the legal capacity (consumer or professional) of each other. Such capacity will be clearly indicated next to the name of the User.

You warrant to take into consideration all legal consequences of agreeing upon a sale vis-à-vis a (non-) professional seller and undertake the obligation to retrieve the information on the Platform with regard to this capacity of the seller.

Users selling artwork or other property are consumers or professionals (i.e. separate businesses). The latter may have their own general terms and conditions that apply to the property they offer for sale.

If these General Terms and Conditions conflict with any of the seller’s terms and conditions, the seller’s applicable terms and conditions will apply to the extent of the conflict. However, in no event will any seller’s terms and conditions constitute any representation, warranty, or assumption of liability of any kind by ARTASSISTANT.

You are solely responsible for reviewing all relevant information available before buying or bidding on any property.

ARTASSISTANT and the seller each reserve the right to withdraw any artwork or other property from the Services at any time. Nor ARTASSISTANT, nor the seller will have any liability in respect to such withdrawal.

9. INTELLECTUAL PROPERTY RIGHTS

ARTASSISTANT holds the full and exclusive intellectual property rights with regard to the ARTASSISTANT Platform, including (but not limited to) all programmes, services, procedures, concepts, non-commercial software, brands, technological elements and content of the ARTASSISTANT database.

Any unauthorised use of ARTASSISTANT’s protected services, procedures, concepts, non-commercial software, brands, technological elements or content of the ARTASSISTANT database is strictly prohibited.

ARTASSISTANT has copyright over its database(s) which are protected a.o. under the terms of the Belgian Code on Economic Law (“BCEL”). Any content of this database may only be reproduced if prior written authorisation has been obtained by ARTASSISTANT. In case of dissemination to the public, the moral rights of ARTASSISTANT must be respected by indicating in a clear, readable manner: ‘source: ARTASSISTANT.COM’.

You represent and warrant that You own or otherwise control all of the rights with regard to the data/content You upload and/or provide otherwise to us.

Moreover, You represent and warrant that the use of aforementioned data/content does not violate these General Terms and Conditions and will not violate any right of, or cause injury to, any person or entity.

You hereby grant to us (and our licensors (if any) ) a royalty-free, perpetual, non-exclusive license during the duration of our agreement, to use, reproduce, modify and translate any data/content You own or otherwise control, as necessary to enable Your use of the Services and to enable us to improve the Services and our offering.

Except when permitted by these General Terms and Conditions and by applicable law, You are prohibited to reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any content in any way without express prior written permission from us or (as applicable) the concerned third-party.

10. INADMISSABLE CONTENT

You are solely liable for ensuring that any user content provided by You to ARTASSISTANT does not infringe any applicable law or regulation, moreover does not infringe any intellectual property rights of a third party (including any other Users of the Platform), including (but not limited to) copyright, moral right, trademark right, trade secret, patent rights, privacy right, publicity right, or contractual right.

ARTASSISTANT explicitly reserves the right to delete from its Platform, without any prior notice, any material that violates applicable law, public order or common decency or that violates these General Terms and Conditions.

ARTASSISTANT cannot be held liable for any compensation, damages and/or other liabilities in this respect.

If You detect any materials You deem not in compliance with aforementioned provision, You can report it to info@artassistant.com.

11. RESTRICTIONS

ARTASSISTANT explicitly prohibits any User to post any content on our Platform, or take any other action in connection with our Services (whether online or offline), that:

  1. infringes any intellectual property right of ARTASSISTANT or of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right;
  2. infringes any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software;
  3. misleading, fraudulent, abusive, harassing, discriminatory, threatening or obscene;
  4. misrepresents Your relationship with any person or entity;
  5. entails spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
  6. entails deciphering, decompiling, reverse engineering, or otherwise deriving or extracting any source code or underlying ideas or algorithms of, any of our Services;
  7. entails the use of any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission;

Furthermore, ARTASSISTANT explicitly prohibits any use of the Platform in the broadest way in an automated way, i.e. automated consultations, machine generated and/or by software or hardware system, and any use based on algorithms, mathematical series and/or by comparison other database.

12. PARTNERS

ARTASSISTANT cooperates with various partners, which offer a wide range of services to Users. By agreeing to these General Terms and Conditions, You acknowledge that You have had the opportunity to read and accept the general terms and conditions of these partners. The partners general terms and conditions will be made available (e.g. via a link) on the ARTASSISTANT platform. You agree not to claim any compensation from ARTASSISTANT in respect to Your interaction with any of these partners.

13. OTHER WEBSITES & SERVICES

The Platform may include links and other features which enable access to and/or depict other websites or services, and other websites or services may include links to our Services.

You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

ARTASSISTANT is not liable for the accuracy or availability of any such websites or services; or any information, materials, goods or services on or available from any such websites or services.

14. DISCLAIMER OF WARRANTIES

Any reference to ARTASSISTANT will also include reference to its directors, agents, employees, content providers, affiliates, licensors, and licensees.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ARTASSISTANT does not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users’ listings on our Platform or related user content, whether as to legality, accuracy, truthfulness, reliability or otherwise; or (ii) any artwork or other property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to legality, condition, description, attribution, authenticity, fitness for a particular purpose, or otherwise.

No statement made by any User or third party about any artwork or other property (whether orally, in writing, on our Platform or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by ARTASSISTANT or any of its directors, agents, and employees.

No advice or information (whether oral or written) obtained from ARTASSISTANT or through our Services or any Content, will create any warranty by aforementioned parties, not expressly stated in these General Terms and Conditions or in a separate written agreement between You and us.

ARTASSISTANT will not be responsible for those costs or losses if the use of our Services results in the need for servicing or replacing any equipment or data. We urge You to make back ups of Your data at regular times.

15. LIMITATION OF LIABILITY

Any reference to ARTASSISTANT will also include reference to its directors, agents, employees, content providers, affiliates, licensors, and licensees.

ARTASSISTANT WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY (IN)DIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:

  1. THESE GENERAL TERMS AND CONDITIONS;
  2. OUR SERVICES;
  3. THE USE OF OR INABILITY TO USE OUR SERVICES;
  4. ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR
  5. ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY.

OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS AND CONDITIONS OR OUR SERVICES WILL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF 500 EURO (EUR 500) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF ARTASSISTANT HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE ARTASSISTANT WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. GENERAL RELEASE & INDEMNIFICATION

Any reference to ARTASSISTANT will also include reference to its directors, agents, employees, content providers, affiliates, licensors, and licensees.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ARTASSISTANT FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND ALL FEES, COSTS, AND EXPENSES OF ANY KIND RELATED THERETO (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND SETTLEMENT AMOUNTS) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH:

  1. ANY ARTWORK OR OTHER PROPERTY LISTED, MARKETED, OFFERED OR SOLD ON OR IN CONNECTION WITH OUR SERVICES (WHETHER ONLINE OR OFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR
  2. ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES;
  3. ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ARTASSISTANT ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION;
  4. ANY NEGLIGENCE, WILLFULL MISCONDUCT, OR ANY BREACH OF THESE GENERAL TERMS AND CONDITIONS BY YOU.

17. TERMS OF APPLICATION

The ARTASSISTANT General Terms and Conditions shall come into effect as of the date of their acceptance (whether it be explicit, or implicit), and remain in force until the cancellation of the account (whether by ARTASSISTANT or by the User).

After cancellation of the account, the following articles/obligations will remain applicable: all outstanding obligations by the User vis-à-vis ARTASSISTANT, Intellectual Property, User content, the ARTASSISTANT Marketplace, Other Websites & Services, Disclaimer of Warranties, Limitation of Liability, General Release and Indemnification, Jurisdiction and Choice of Law, Changes to the General Terms and Conditions, and Miscellaneous.

The User has the right to withdraw from a purchase contract without giving a reason within 14 (fourteen) days of receipt of the goods or the start of the subscription.

18. TERMINATION

ARTASSISTANT explicitly reserves the right to unilaterally suspend or terminate:

  • the contractual relationship with a User,
  • a User’s account (if You have an account), and/or
  • Your access to or use of any or all of our Services,

at any time at our sole discretion, without notice or liability, in the case of breach (in letter or spirit) of these General Terms and Conditions.

Aforementioned rights of ARTASSISTANT exist, regardless of any other statement in these General Terms and Conditions.

During the suspension, all Terms in these General Terms and Conditions remain to be applicable.

After any termination of the contractual relationship (i.e. these General Terms and Conditions), the User account and/or any termination of Your access to or use of our Services, the following provisions will remain in full force and effect:

  • all outstanding obligations You may have to us under these General Terms and Conditions or otherwise;
  • all remedies for breach of these General Terms and Conditions; and
  • the following sections of these General Terms and Conditions (non-limitative): art. 2 (CHANGES TO THE GENERAL TERMS AND CONDITIONS), art. 9 (INTELLECTUAL PROPERTY RIGHTS), art. 13 (OTHER WEBSITES & SERVICES), art. 14 (DISCLAIMER OF WARRANTIES), art. 15 (LIMITATION OF LIABILITY), art. 16 (GENERAL RELEASE & INDEMNIFICATION), art. 18 (TERMINATION), art. 21 (JURISDICTION & CHOICE OF LAW), art. 23 (MISCELLANEOUS) and any sections regarding user content and the ARTASSISTANT Marketplace.

19. FISCAL RESPONSIBILITIES OF THE USER

The User acknowledges it is his/her own responsibility to report any income from any activity through making use of the ARTASSISTANT PLATFORM to its local fiscal administration.

ARTASSISTANT cannot be held liable for any act/omission by the User and or any third party, neither for any taxes, penalties and/or interests due by the User, in respect to any activities performs by the User through the ARTASSISTANT Platform.

Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes may be collected from the buyer in addition to any listed price.

20. COMMUNICATION AND CONTACT DETAILS

You expressly agree upon receiving electronic communications from ARTASSISTANT and/or any affiliated companies and partners. You agree that we may communicate with You by posting notices on the Platform and/or by email.

You agree that all agreements, notices, disclosures and other communications that we provide to You electronically (“electronic communications”) satisfy any legal requirement that such communications be in writing.

You acknowledge receipt of any electronic communications received by You on the day that we send them.

You agree that ARTASSISTANT cannot be held liable for any automatic filtering that You or Your network provider may apply to any electronic communication that we send to the email address You provided.

21. JURISDICTION & CHOICE OF LAW

These General Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Belgium.

The courts of Ghent (Brugge department) will have exclusive jurisdiction over any claim arising from, or related to these General Terms and Conditions.

22. ONLINE DISPUTE RESOLUTION

In accordance with the Online Dispute Resolution Regulation (Regulation (EU) No 524/2013), and Book VI and XVI of the Belgian Code on Economic Law, ARTASSISTANT hereby expressly states that a consumer residing in the European Union may contact the Online Dispute Resolution Platform with regard to out-of-court resolution of disputes concerning contractual obligations stemming from online sales or service contracts between a such consumer and ARTASSISTANT.

The platform is available via the following link: http://ec.europa.eu/odr

23. MISCELLANEOUS

You recognize that the English version of ART ASSISTANT’s General Terms and Conditions are the only possible reference and will prevail over any translation thereof.