TERMS & CONDITIONS

The Terms and conditions agreement sets forth the standards of use of the website www.spotuart.com (« website ») owned and operated by Spot U Art SPRL (« Spot U Art » or “the company” or « we » or « us » or « our » or other similar pronouns) who’s head office is located at Rue de Tervaete 1, boite 7 – 1040 Brussels (Belgium) and has been registered at the Belgian Register of Commerce under number 0526.977.244. 

CONTACT:

Spot U Art SPRL

Rue de Tervaete 1, boite 7 – 1040 Brussels (Belgium).

Info@spotuart.com

Field of Implementation:

Spot U Art SPRL provides services for selling and purchasing contemporary art paintings and photographs by emerging and established artists on the website (www.spotuart.com). We recommend reading carefully these Terms and conditions and our Privacy Policy that may be found at www.spotuart.com/privacy. BY ACCESSING, USING, BROWSING, SELLING OR BUYING A WORK ON OR TROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WITHOUT MODIFICATION WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the website. The use of the website does not enable you the ownership of any content, data or materials you may access on the website. We have the right to change the Terms and conditions at any time, without notice to you, by posting the changes on the website. Last update 8/02/2014.

Property rights:

Spot U Art owns exclusively all rights, title and interest in and to the website. All the contents are the property of the website.

Eligibility:

Spot U Art and its services only fits for those who are 18 years or older. Persons under 18 years are not allowed to use the website.

Purchase of a work:

Purchases can only been made online on the website (www.spotuart.com). In order to purchase an artwork on the website, you will need to click on the button “Purchase”. You will see the details of your order in the shopping cart. Click on continue and sign in as a customer or continue as a guest. If you opt for the customer registration, you will have to enter your Personal Information (including name, e-mail, phone number, your billing and shipping address and other similar information). You agree to provide true, accurate, current and complete information; and maintain and promptly update this information to keep it true, accurate, current and complete. If your Personal Information are untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse you the use of the website or its services in the future.  Once your payment is proceeded, you will receive a confirmation email with an order number and all your order information. Spot U Art is only committed by an order in case that order has been confirmed by email. The information about the works and the prices, the detailed order information, are made and communicated with the restriction of changes. Spot U Art has also the right to cancel any order if the company determines, in its sole discretion, that the work isn’t available anymore, it is mispriced or discontinued. Spot U Art will then inform you of the cancellation of your order by email. Spot U Art will then reimburse you the total amount of your purchase. The purchaser is not allowed to contact directly an artist to purchase the artwork outside the website. If you do not respect this transaction restriction, Spot U Art has the right to suspend and terminate your account and the use of our website.

Price:

All the prices, commissions, fees or other amounts on the website are stated in Euros (€) and include the value added taxes (VAT), applicable at the date of the order. The prices take into account the Belgian VAT applicable on the day of the ordering. Any change of the statutory rate of VAT will be automatically reflected in the price of the artworks presented on the website, at the date stipulated by the decree of application. Prices do not include the shipping costs, handling costs or other transportation taxes. The shipping costs will be added to the “Total costs”, once you finalize the purchase of the work.

Payment:

Spot U Art accepts Visa, MasterCard, Maestro and PayPal. For all card transactions, the banking transaction is carried out by Ogone, a leader in payment system. All your bank details are encrypted SSL and ensure you the complete confidentiality of the information given. The purchaser guarantees that he has the legal authorization to use the chosen method of payment. You will be charged directly at the checkout of your order.  In case, your payment has been refused, Spot U Art has the right to cancel immediately your order. Spot U Art has also the right to refuse future orders of purchasers of whom previous payments have been refused.

Delivery:

As soon as your payment has been validated, Spot U Art organizes the transportation of the artwork trough our shipping partner. You will then receive an email from Spot U Art indicating the approximate date of delivery. Artworks can be sent worldwide. If you do not find your country in our list while you proceed the checkout, please contact us at info@spotuart.com
Please note that wrong addresses are the responsibility of the purchaser and can result in extra costs. For the purchaser: The purchaser has to count in between 21 working days, starting on the day the payment has been accepted or the order confirmation email send, for the delivery of his order. Spot U Art is not responsible for any delays during shipment. The client has the right to cancel without penalty his order at the time the delivery is not provided within 30 days.  Please note that all the shipping costs and eventual additional shipping taxes are due by the purchaser. The shipping costs are added at the end of the check out during the purchase of the work on the website and can be seen in the “Total costs” before the payment and on the confirmation order. Transportation costs will depend on the destination of delivery chosen, the weight and the dimensions. In case of non-delivery, the costs paid by the purchaser are paid back without any interest or other compensation. The company establishes insurance with its shipping partner for the artworks during the shipment. The risk of damage and / or loss of products is based on the company until delivery to the customer. In case, the artwork arrives damaged at the purchaser address, please do not sign the receipt and contact us within the 48 hours by email (info@spotuart.com) with your order number, order information and a picture of the damaged artwork. Keep all the packaging, box and other material.

Certificate of Authenticity:

Spot U Art will send, apart from the work, a certificate of authenticity for each artwork purchased on the website to the purchaser. This Certificate will contain all the information regarding the artwork (including name of the artist, exact title, date of creation, material used, dimensions, weight and the purchased price). Spot U Art will sign this Certificate of Authenticity.

Refund Policy:

The purchaser has the right to refund paintings bought on the website within 14 days, starting at the delivery date. The paintings must be returned in their original conditions and packaging. Contact Spot U Art  (info@spotuart.com) to notice your will to return the artwork. Spot U Art will send you a shipping bill by email with the shipping address of the artist. If you do not pack properly the artwork in the same conditions as you received it, you are responsible for the damages to the artwork during the delivery and Spot U Art will not refund you the amount of the artwork. Other shipping ways companies or ways are not accepted. Once the artwork has safely been delivered back, Spot U Art will refund you the amount of the artwork (less the total shipping costs) within 30 working days after the work has been delivered back to the artist. For photographs, the purchaser recognize expressly, by accepting the present terms and conditions, to abandon his right of withdrawal in accordance with the article 47 §4 2° of the Belgian law of the 6/4/2012 on the commercial practices as the photography bought is unique, must be handled with precaution and can not be reshipped.

Abandon of the right of withdrawal

By accepting the present terms and conditions, the consumer recognizes expressly to renounce to his right of withdrawal as stipulated in the article 47§4 2° of the Belgian law of 6/4/2012 concerning the market practices since the work bought is unique, has to be carefully handed and can not be reshipped.

Selling of a work:

Spot U Art accepts only original and signed contemporary art paintings and photographs of the artist’s personal creation. Any other work(s) made by another artist is not accepted.

Security:

By browsing, using or registering on the website of Spot U Art, you agree to not attempt to probe, scan or test the vulnerability of any system of Spot U Art or network or breach any security or authentication measures. You will not attempt to download or access to the website, services, Spot U Art content or another member’s content trough the use of any software, tool, engine, device, agent or mechanism (including spiders, data mining tools, robots or other) other than the software or search agents provided by Spot U Art or other available third party web browsers. You also agree to not remove, deactivate, bypass, impair or descramble any technological measure implemented by Spot U Art to protect the website, services, the website content or another member’s content. You are not allowed to exploit, copy, use, reproduce, distribute, modify, transfer, create derivate forms or sell any logo, content, data, software, URL, texts or codes of the website without an express written permission of Spot U Art It is not permitted to send unauthorized email, chain letters, advertising, promotional materials, junk or any other form of solicitation. Furthermore, the use of the brand image, content, logo, data or members content of Spot U Art for any commercial purpose or other is strictly forbidden. If you make other use of the website, or the content, data, code, software or other materials, except as otherwise provided above, you may violate copyright and other laws of Belgium, other countries, as well as applicable state laws and you may be subject to liability for this unauthorized use. Spot U Art will therefore enforce its intellectual property rights to the fullest extent of the law and seek for criminal prosecution.

Links from and to the website:

Spot U Art is not responsible for the eventual links on its website to these linked websites and their reliability, content, information, advertising, images, data, texts, software, services and more, that may or may not be provided by or trough these linked websites. These linked sites do not constitute automatically sponsoring by our website to these linked sites.

Account Suspension and Termination:

Spot U Art has the right, without any notification, to suspend or terminate, at its sole discretion, if we believe that you are in breach or attempting to breach these terms and conditions or any applicable law. Spot U Art also has the right to refuse you to use the website.

Copyright and Trademark:

The images on the website of Spot U Art may not be reproduced or used without an express written permission of Spot U Art, if appropriate, the relevant artist. All images are licensed by Spot U Art. If you believe that any works on the website infringe your copyright rights, please provide Spot U Art’s copyright agent (info@spotuart.com) with information as required by the Belgian copyright law.

Miscellaneous:

Spot U Art is operated and provided in Brussels, Capital of Belgium. Therefore, the laws of Belgium, without regard to its conflict of law provisions, shall govern the Terms and Conditions and the relationship between you and us. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Brussels, Capital of Belgium. You agree to submit to the jurisdiction of the courts located within the region of Brussels, Capital of Belgium. These Terms and conditions constitute the exclusive understanding and agreement between you and Spot U Art. These terms and conditions supersede and replace any and all prior or written agreements or understandings between you and Spot U Art.