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terms & conditions

Terms & Conditions

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For the Art Collector and Visitor

Terms of Use

Last modification date : Oct 24, 2018

Art Volupt S.A. de C.V. ( “Volupt Art”, “we” or “our” ) provides a service for the sale and purchase original works of art and commercially exploit digital images of works of art ( “our services” ) on our website, accessible www.VoluptArt.org (” Site “). Please carefully read the following terms and conditions ( “Terms” ) and our Privacy Policy, which can be found at https://voluptart.org/tearms/ and which is incorporated by reference Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Volupt Art.

Certain areas of the Site and your access to certain services may have terms and conditions posted or may require you to agree to the terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the site or specific services, the latest terms and conditions take precedence over the use of or access to this area of the Site or services.

YOU AGREE THAT BY ACCESS TO OR USE OF THE SITE OR SERVICES OR PURCHASE OF A WORKING ON OR THROUGH THE SITE OR SERVICES OR By posting any Content to the Site, you indicate that you have read, understood and agree to BE bound by these terms, EVEN IF YOU ARE NOT REGISTERED ON THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these conditions and, in this case, “you” and “your “will refer and apply to that company or other legal entity.

Change

Volupt Art reserves the right, in its sole discretion, to modify, suspend or terminate the Site or Services or to modify these Terms at any time without notice. If we change these conditions, we will post the changes on the site and you will be notified. We will also update the “Last updated.” By continuing to access or use the Site or the Services after we have posted a modification on the site, or that we have notified you of a change, you indicate that you agree to be bound by the revised Terms. If the changed conditions are not acceptable to you, your sole remedy is to discontinue using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 years or older. Any access or use of the Site or the Services by anyone under 18 is expressly prohibited. By accessing or using the Site or the Services, you represent and warrant that you are 18 years or older.

Registration

To request a job on the site, interact with members of the site or to make a purchase through the Site, you must first create an account ( “Account” ) by completing our registration process. During the registration process, you must provide certain information, choose a user name and password. At the end of our registration process, you will become a “member” . You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Volupt Art reserves the right to suspend or terminate your account if the information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, if you have authorized such activities or actions. You must immediately notify Volupt Art of any unauthorized use of your account.

Privacy

See the Privacy Policy Volupt Art at https://www.volutpart.org/privacy for information and advice on the collection and use of your personal information at Volupt Art.

Terms & Conditions (for Buyers)

Return period

Volupt Art has a 3 days return period, allowing to send the artwork back if you are not entirely satisfied. After sending back the artwork at your own expenses, in perfect conditions, and in its original packaging, you will be fully refunded (Shipping back fees will NOT be refunded).

In case the transaction is canceled because your address is incorrect, or because you have refused the parcel on delivery, ALL INCURRING SHIPPING COSTS will be billed to you.

If the artwork was a commissioned there won’t be any returns. As the artwork was a special order.

Purchase Original Works of Art

As a member, you can purchase an original artwork that is offered on our site. The prices of the original works of art are indicated on the corresponding pages. You acknowledge that the prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your invoice. Volupt Art and / or its third party service providers will be required to collect your billing and shipping information to process your payment. Then we will be able to ship the work directly to you.   The terms and conditions of Volupt Art as well as the Return Policy apply to all original works of art that you purchase through the Site and the Services.     When purchasing original works of art online (other than through the Site and the Services), these purchases will be subject to the terms and conditions applicable to these online sales channels that will be presented to you at the time of purchase.

Purchases Prints

As a Volupt Art member, you can buy printed works. The price of the work are shown on the corresponding pages and if not you can request for it. You acknowledge that the prices do not include shipping and handling or applicable taxes (defined below), if any, for which you are responsible and will be identified separately on your invoice. When you buy printed through the site and services Volupt Art and its third party service providers works will collect your billing information and shipping, collect your payment and send you directly print your work. The terms and conditions Volupt Art and Return Policy in effect apply to all print jobs that you purchase through the Site and Services.

Order cancellation

Volupt Art reserves the right to cancel any order for an original work of art or printed work contracted through the Site and Services if Volupt Art determines, in its sole discretion that the item is misjudged, out of stock, discontinued or is not available to the shown on the Site and Services price. If Volupt Art cancel an order placed through the Site and Services Volupt Art send you an email confirmation of the cancellation and you will not be charged for your order.

Conditions for both sellers and buyers

Sales outside Volupt Art

Certificates of sale are offered only when a sale through Volupt Art. You understand and agree that Volupt Art can not provide any evidence or certificate of sale for a transaction outside of the Site and Services, even if such work is present on Volupt Art.

Restriction of transaction

Iif you are a member and wish to purchase an original work of art given by another member or third person on Volupt Art you can not buy this original work of art outside of the Site and Services.

Taxes

All prices, fees, charges and other amounts specified in these Conditions, including prices, fees and expenses set out on the website, are expressed in the currency indicated with the price. They do not include any discounts, promotions, value added tax (” VAT ) or other taxes and customs duties or similar taxes that may be prepared by any governmental taxing authority or are otherwise payable under the law applicable in respect of the purchase, sales operations and license listed below (collectively, the “Taxes” ). If you’re a seller Artworks original and / or printed works, you understand and agree that Volupt Art collect taxes and taxes required to be withheld on payments received. If you are a seller of original works and / or printed works of art, you understand and agree that Volupt Art collect taxes & fees that must be withheld from payments received.

If you’re buyer of an original and / or printed works of art works, you understand that Volupt Art add taxes on amounts billed as a separate charge when necessary. Each party shall be responsible for compliance with all obligations imposed under the applicable law regarding the collection and payment of taxes. Each party agrees to cooperate with the other party and the other party to provide the necessary documents or information required by applicable law to enable the other party to comply with its obligations or exercise rights of allowed to minimize, if not exempted from these obligations.

Colors

You understand and agree that Volupt Art makes commercially reasonable efforts to display the colors of the original artwork, digital works and printed works, with the greatest possible precision on the Site and the Services. However, because of the known hardware differences, computer monitors may display colors very differently. Volupt Art is not responsible for the accuracy of color original artwork, digital artwork, or print jobs posted on the Site and Services, and disclaims any liability in this regard.

Suggestions & Feedback

We welcome with interest all the reviews, comments and suggestions for improving the Site and Services ( “Suggestion” ). You can submit your suggestions to https://voluptart.org/contact-us/ . You acknowledge and agree that all suggestions thus transmitted shall be the exclusive property and you assign Volupt Art Volupt Art irrevocably and agree to irrevocably assign to Volupt Art all rights, title and interest in these suggestions, including without limitation any patent rights , copyrights, trade secret rights, and other intellectual property rights or similar worldwide.

Volupt Art content

Volupt Art may also make available on the Site and the services of text, graphics, audio, video and images of works of art (collectively, “Content Volupt Art” ), part of which is owned by Volupt Art ( “Content property of Volupt Art “ ), and part of which is provided under license by a third party ( “Content Volupt Art licensed” ). Volupt Art allows you to view and print the Content property Volupt Art solely for your personal use when you visit the site and if you are a member, in connection with the exercise of the rights granted to members under these Conditions . Content for Volupt Art licensed, the scope of your right to it will be limited only to the applicable license agreement governing the use of such content, as indicated on the website page where the content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights to any Content Volupt Art under license. No right or license is granted to you by implication or otherwise under intellectual property rights owned or controlled by Volupt Art or its licensors, except for the licenses and rights expressly granted in these conditions.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party patent, copyright , trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; (Ii) violates, or encourages conduct that would violate any applicable law or regulation or give rise to civil liability; (Iii) is fraudulent, false, misleading or deceptive; (Iv) is defamatory, obscene, pornographic, vulgar or offensive; (V) promotes discrimination, bigotry, racism, hatred, harassment or violence against a person or group; (Vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (Vii) harms minors in any way; or (viii) promotes illegal activities or substances or harmful.
  • Use, display, create a clone or mirror, or place in a frame the Site or any individual element in the site name Volupt Art any Volupt Art brand, logo or other proprietary information, or the layout and design any page or form contained on a page without the express written consent and authorization Volupt Art;
  • Enter, alter, or use non-public areas of the Site, computer systems Volupt Art or the technical delivery systems providers Volupt Art;
  • Attempting to probe, scan or test the vulnerability of computer system or network Volupt Art or violate the security measures or authentication;
  • Avoid, bypass, remove, deactivate, alter, decrypt or otherwise circumvent the technical measures implemented by Volupt Art or a Volupt Art providers or any other third party (including another user) to protect the Site, Services, content Volupt Art or Member Content;
  • Attempt to enter or search the site, services, content or Volupt Art Member Content or download the artistic content or content Volupt Art members of the site or services through the use of any engine, software, tool, agent , device or mechanism (including spiders, crawlers, robots, exploration and collection of data or other tools) other than the software and / or search agents provided by Volupt Art or other generally available on web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or any other form of solicitation;
  • Use any meta tags or any other hidden text or metadata using Volupt Art brand, logo URL or product name without the express written permission of Volupt Art;
  • Use the Site, services, content or Content Volupt Art members for commercial purposes or for the benefit of a third party in any manner not permitted by these Terms;
  • Forge any packet header TCP / IP or any part of the header in any email or newsgroup, or how to use the site or the services, content or Volupt Art Member Content to send misleading information or false including identification of sources has been changed;
  • Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Site, services, content or Volupt Art Member Content;
  • Interfere with or attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, the Flood, spamming or mailbombing;
  • Collect or store identifiable from the Site or Services from other users of the Site or Services without their express permission personal information;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or permit any other person to do any of the foregoing.

Volupt Art have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Volupt Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these conditions. You acknowledge that Volupt Art has no obligation to monitor your access to or use of the Site or the Services or remove any content of members, but has the right to do so in order to operate the site and services, to ensure compliance with these Terms, or to comply with the law of the order or requirement of a court, administrative agency or other governmental agency. Volupt Art reserves the right at any time and without notice, to remove or disable access to any content that member listings of original works of art or digital works, artistic contents Volupt Art or other text, graphics, images, software, music, audio, video, information or other content or material Volupt Art, in its sole discretion, considers to be unacceptable, in violation of these Terms or otherwise harmful to the Site or Services.

Contests and games

Volupt Art can organize sweepstakes, contests and similar promotions (collectively, the “Contest” ) through the Site and Services. You should carefully read the rules (for example, “Official Rules” ) of each competition in which you participate through the Site and services, as they may contain important information about the rights and property Volupt Art comments you make in the context of the Contest and the result of your participation in these promotions. Insofar as the terms and conditions of any settlement entretait conflict with these terms, the terms and conditions of these Official Rules will be given priority.

Properties

The Site, Services and Content are protected by Volupt Art copyright, trademark and other laws in France and around the world. Except as expressly stated in these Terms, Volupt Art and its licensors retain exclusive ownership of all rights, title and interest in the site, services and content Volupt Art and printed works, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other rights notices included property or accompanying the Site, Services or Content Volupt Art.

Copyright Policy

Volupt Art respects copyright and expects its users to do the same. Volupt Art policy is to end in the appropriate accounts of members or other account holders who repeatedly infringe or are suspected of suffering from repeated rights of copyright holders so circumstances. For more information, please consult the policy concerning Volupt Art copyright https://www.artmajeur.com/en/help .

Connections

The Site may contain links to third party websites or resources. You acknowledge and agree that Volupt Art is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such sites or resources. Links to such websites or resources do not imply any endorsement by Volupt Art of such websites or resources or the content, products or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of such websites or resources.

Termination and Account Cancellation

If you do not meet these conditions, Volupt Art has the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without notice. Volupt Art reserves the right to revoke your access to and use of the Site, Services, Content and content Volupt Art members at any time, with or without cause. In case Volupt Art will cancel your account for breach of these conditions, you will remain liable for all amounts due under these conditions. You can cancel your account at any time by sending a request to https://www.artmajeur.com/en/about .

Warnings

THE SITE, THE SERVICES, THE CONTENT AND THE CONTENT Volupt Art MEMBERS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SPECIFICALLY DISCLAIMS ANY Volupt Art WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Volupt Art MAKES NO WARRANTY THAT THE SITE, THE SERVICES, THE CONTENT AND THE CONTENT Volupt Art MEMBERS will meet your requirements or be available on an uninterrupted, SECURE OR ERROR FREE. Volupt Art MAKES NO WARRANTY AS TO THE QUALITY OF WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR THE ACCURACY, TIMELINESS, veracity, completeness or reliability GOT ALL CONTENT ON THE SITE OR SERVICES.

NO ADVICE OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY Volupt Art OR THE SITE OR SERVICES MAY NOT MAKE ANY WARRANTY NOT EXPRESSLY quelquonque MENTIONEE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR DECIDE TO INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, DO FILTER Volupt Art NOR MADE OF INQUIRY INTO THE MEMBER OR VERIFY THE IDENTITY OF OTHER USERS OF THE SITE OR SERVICES. Volupt Art MAKES NO REPRESENTATION OR MAKE ANY WARRANTY AS TO THE CONDUCT OF USERS ON THE SITE OR THE SERVICES. YOU AGREE TO TAKE PRECAUTIONS IN ALL RESONNABLES COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES THAT WILL INTERACT WITH A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Allowance

You agree to defend, indemnify and hold Volupt Art, its officers, directors, employees and agents, from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees in connection with your access to or use of the Site, Services, Content or Volupt Art Member Content, or your violation of these Terms.

Disclaimer

You acknowledge and agree that, to the extent permitted by law, all risks arising out of your access to and use of the Site, Services, Content or Volupt Art Member Content is your sole responsibility. Neither Volupt Art nor any other party involved in creating, producing or delivering the Site, Services, Content or Content Volupt Art members will be responsible for any damages or consequential damages, incidental, special, including loss of profits, loss of data or loss of reputation, service interruption, damage to the computer or system failure or the cost of replacement goods or services, or damages for personal injury or bodily harm or emotional distress resulting of or relating to these Terms or the use or inability to use the Site, Services, Content or Volupt Art Member Content or any communication, interaction or meetings with other Members or users of the Site or the Services or other persons with whom you communicate or interact as a result of your use of the Site or the Services, whether based on warranty, contract, tort (including negligence) , product liability or any other legal theory, that Volupt Art have been informed or not the possibility of such damages, even if a limited recourse under these conditions appears guilty of having failed in its essential purpose.

In no event shall the aggregate liability of Volupt Art arising from or in connection with these Terms or the use or inability to use the Site, Services, Content or Content Volupt Art members may not exceed: (i) if you are a member who has sold original art or digital works or has received an Artist Share Volupt Art from the sale of printed works, the total amount paid or credited to your account by Volupt Art for selling your works of original art and / or sale of printing, or on the basis of your digital work license during the period of three (3) months preceding the date of an action for damages filed on the basis of these Terms; and (ii) if you are a member who has purchased original artwork or printed work, the total payments you have made to Volupt Art for original works of art and / or printed works that are the subject a claim. The limitations of liability set forth above are fundamental elements of the basis of negotiations between Volupt Art and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to your situation.

Notice of property rights

All trademarks, service marks, logos, trade names and other proprietary designations of Volupt Art used herein are trademarks or registered trademarks of Volupt Art. All other trademarks, service marks, logos, trade names and other proprietary designations are trademarks or registered trademarks of their respective parties.

Governing Law and Jurisdiction

These Terms and any action related to these terms shall be governed by Mexican law, without regard to conflicts of laws provisions. The exclusive jurisdiction for any action with respect to the subject of these Terms will be Mexican courts in Mexico City and each party hereby waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These conditions constitute the entire and exclusive agreement between Volupt Art and you regarding the Site and the Services and these Terms supersede any and all agreements or agreements between Volupt Art and you regarding the Site and or services prior written oral.

Assignment

You may not assign or transfer these conditions, by operation of law or otherwise, without the prior written consent of Volupt Art. Any attempt by you to assign or transfer these conditions without such consent shall be null and void. Volupt Art may assign or transfer these conditions, in its sole discretion, without restriction. Subject to the foregoing, these conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice

Any notice or other communications permitted or required hereunder, including those regarding changes to these terms will be in writing and given: (i) by Volupt Art email (in each case, to the email address you provide) or (ii) by posting a notice on the site. For notifications by e-mail, the date of receipt shall be deemed the date on which such notice is transmitted.

You are responsible for regularly reviewing these to ensure that you are always in agreement, understand, and accept all the terms in force.

General

The failure of Volupt Art enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of Volupt Art. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms is invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the other Terms will remain in full force and effect.

Contact Volupt Art

If you have any questions about these Terms, please contact Volupt Art :

  • Telephone: +31 (6)5 1 88 11 94
  • Email: [email protected] Art.com
  • Address:
    Volupt Art
    Chenalho 80
    Col. Lomas del Pedregal
    14220 TLALPAN
    Mexico City
    MEXICO
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