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Terms of Use

To simplify the terms and conditions, we have separated the Customer Terms of Use (Customer ToU) from the Artist's Terms of Use (Artist's ToU).

Please select from the following, the Terms of Use that apply to you:

  • Customer Terms of Use
  • Artist's Terms of Use

Customer Terms of Use

Introduction

The publicly-listed company Passionartly SARL, (capital 12.500 euros), out of 151 rue d Esch l-3922 Mondercange LUXEMBOURG  (hereafter referred to as ‘Passionartly’), offers on www.passionartly.com (hereafter referred to as ‘Website’), an online market place allowing Art Collectors (hereafter referred to as ‘Customer(s)’ or ‘You’) upon signing up, direct access through the Website to professional artists, also members of the Websites (hereafter referred to as ‘Artists’ or ‘Sellers’, or ‘Galleries’) with the purpose to view and purchase works of art (hereafter referred to as ‘Artwork’ or ‘Articles’ at a set and fixed price indicated on the Website (hereafter referred to as ‘Service’).
To use to the Service, Customers must accept all terms and conditions as underwritten in Customer Terms of Use (hereafter referred to as ‘Customer ToU’) with no reservation nor reserves. This acceptance occurs when clicking the Validation button during the sign up process..
The sales that occur for the Service on the Website between the Customers and the Artists are governed by the Terms of Sale (hereafter referred to as’ ToS’), which must be accepted by the Customer during each transaction process they then complete the Customer ToU.
Passionartly reserves the right to modify and change the current Customer ToU without prior notice. All changes and modifications will be effective as soon as they are published online on the Website. 

1 - Object

The purpose of the current Customer ToU is to define the conditions under which Passionartly presents the technological tool for Customers, looking to use the Service, enabling them to purchase Artwork from the Galleries.

2 - Description of the Service

The Service is made up of a collection of tools allowing the Customers to sign up to the Website, to facilitate contact with the Artists from whom they wish to purchase Articles, to pay the cost of the Articles and ensure the delivery of the Article to the Customer.
Transactions that occur through the Service with regards to a purchase are to be concluded directly between the Customer, the Galleries and the Website. Passionartly is in no way the reseller of the Artwork proposed by the Artists on the Website. As such, the Artwork purchased as a result of the Passionartly service will not be refunded nor exchanged by Passionartly.
However, in order to maintain continiuos improvement in the quality of our service and to help in the selction process of our business partners, Passionartly welcomes any comments or suggestions that You may wish to share with us regarding your experience of transactions via the Website.
In all cases where the Customer TOU are not respected entirely, Passionartly reserves the right to suspend temporarily or indefinitely the concerned Customer’s access to the Service.
All Customers commit to conclude the purchases in good faith.

3 - Access to the Service

In addition to accepting the current Customer ToU, access to the Service is subject to the Customer opening an account on the Website. You must provide all necessary information to enable us to identify you. During the Sign-up process, You commit to provide only accurate information. After this, you must inform Passionartly immediately should any changes occur in your personal information, by contacting us through the proper channels.
In order to use the Service, You must use the Sign-On allocated to you as well as the User Password created during the Sign-Up process. You commit to keep this code secret and not share it with third-parties. As such, You alone will have access and the responsibility for your Sign-On and password, unless there is proof of fraudulent use for which You cannot be held responsible
Should You lose your password or You are a victim of hacked or fraudulent use of your Sign-On, please contact Passionartly immediately, on contact@Passionartly.com ensuring that your email subject contains the word Password.

4 - Price of the Service

The opening and use of an account on the Website for Customer is free of charge (excluding any connection charges applicable by your service provider) with no obligation to buy on the Website. Only purchases of Artwork from the Artists requires payment, as set out in the Customer ToU.

5 - Personal information/Data

Your personal information and data are protected by Passionartly. Unless specified elsewhere, they are mandatory for your account to function and to enable you access to the Service. The required Shipping information will be transferred directly to the Artist for the sole purpose of organising the delivery. The information and data are stored also for security reasons and to meet legal and regulatory obligations, if any, for Passionartly, and in order for us to improve and personalize the services we can offer to You.
According to the French Law known regarding freedom of information (Loi "informatique et libertés " 6 January 1978), you have the right to oppose, rectify and delete personal data about You, in accordance with the Law. To exercise this right, please write to us by mail to <Address in Luxembourg>, stating your name, email and postal address. According to the regulations, your application must be signed and accompanied by a photocopy of an identity card bearing your signature and the address to which Passionartly should send You the reply. A reply will be sent to You within a period of 2 months of receipt of the request.

The site also designed to be partuclarly attentive to the needs of our Customers. This is one reason we use cookies. The cookie is to signal your visit to our Website. Cookies are only used by Passionartly in order to enhance the personalized Service for You.

6 - Intellectual Property/Copyright

 All the texts, comments, commentaries, articles, illustrations, Artwork and images reproduced on the Website are strictly reserved under Copyright as well as Intellectual Property in line with International law. As such and in accordance with provisions of the Code of Intellectual Property, these amy only be used for for private purposes, subject to more restrictive rules regarding Intellectual property that may be in force.
www.passionartly.com is a member of CNIL (Commission Nationale de l'Informatique et des Libertés) ; number x.1
All reproduction, representation, modification and total or partial adaptation of the Website and/or all or part of the element found on the Website no matter where they are located is strictly forbidden.
Customers undertake to make their best effort to notify Passionartly of any violation of Intellectual Property that they encounter. 

7 - Responsability & Guarantees

Use of the Website implies prior knowledge and acceptable of the characteristics and limitations of the Internet, or translations on the Website into languages other than French in particular relating to technical performance, response time to consult, questions or transfers of information; and the risks inherent in any connection or transmission over the Internet.
Consequently, in the absence of a failure on its behalf, Passionartly cannot be held liable for any damage suffered by an Artist or Customer, including (but not limited to):

  • Operating losses of Information arising from any malfunctions, failures, delays or interruptions in access to the Internet
  • Transmission and/or reception of data and/or information over the Internet;
  • The consequences of any virus, bug, anomaly or technical failure;
  • The failure of any reception equipment or communication line;
  • The loss of any email and more generally, the loss of any data;
  • For any damage caused to your computer, PDA, Smartphone or tablet etc to an internet user who connects to the Website;
  • For any technical failure, hardware and software of any kind, having prevented or limited the possibility of using the Website of having damaged the User’s system who connects to the Website;
  • Any failure or clear error (including technical, hardware, software, price display, translation etc.. of any kind, having prevented or limited the possibility of using the Website or that misled a used who logs onto the Website;
  • Indirect damages.

It is the responsibility of every internet user to take all appropriate measures to :
i. Protect their own data and/or software stored on their computer, smartphone, PDA tablet etc that connect to the Website against attack from bugs, viruses trojans etc..
ii. Be able to assess whether it is in the presence of an obvious error regarding the information displayed on the Website (by sending an email to <contact email>) so all verifications can be performed, and if necessary, corrections made.
The responsibility of Passionartly towards its Artists and Customers may only be initiated for acts for which Passionartly is directly responsible and would cause him harm as a direct result of these facts. It cannot be liable for consequential damages. Passionartly cannot be held responsible for any misuse of the Service by the Customer or clear error that You make. Passionartly is not liable for any Service incidents caused by Third parties.
By using the Website, the Artists and Customer state that they are fully aware of the characteristics and constraints of the Internet, and have sole responsibility for the information they enter in their account on the Website. and in relation to other users of the Service.
In addition, in accordance with article 6-I, 2 et 3 of Law (Loi n° 2004-575 (21 June 2004) covering the trust in the digital economy, Passionartly cannot be liable in respect to content made available on the Website by Artists or Customers, in particular with regard to the Article description, unless it did not make them available after having been informed of their illegality as provided for by this law.
Finally Passionartly accepts no responsibility with regard to sales concluded by the Customer via the Service with the Artists, who remain foreign. Any complaint relating to comments on the Article description or shipping of the Article will be redirected to the designated Artist, who will take sole and full responsibility of the matter.
The Customer is solely responsible for his use of the Service.
The Customer agrees, upon first demand even in the event of a non-final judgment, to indemnify and refund Passionartly for any damage, loss, lost profits, claims, liabilities and expenses including fee and consultancy fees Passionarlty incurs if its responsibility was engaged by a third-party, due to a claim or action related to the use of the Service by the Customer.
The Customers and Galleries are informed that Passionartly can share all relevant information, including personal details, with all competence services responsible for the suppression and prosecution of fraud and offenses.

8 - Severability

If one or more provisions of the Customer ToU are held to be invalid or declared as such under any law, regulation or a final decision of a competent jurisdiction, the remaining provisions shall remain in full force and be fully applicable.

9 - Duration and Validity

The Customer is subject to these Customer ToU upon registraion on the Website and until the deletion of their account, whether they perform a transaction or not. 
Passionartly reserves the right to modify the Customer ToU at any time.
The amended Customer ToU will be published on the Website. The Customer will be informed of any changes made to the Customer ToU by Passionartly on the email account registered during the sign up process for the Service.
The applicable Customer ToU are those in effect on the date of service use of the Website but the Customer.

10 - Governing Law applicable

The current Customer ToU are subject to the Law of Luxembourg. Any dispute concerning the interpretation and/or execution will depend on the courts of Luxembourg.


Artist's Terms of Use

INTRODUCTION

The publicly-listed company Passionartly SARL, (capital 12.500 euros), out of 151 rue d Esch l-3922 Mondercange LUXEMBOURG (hereafter referred to as ‘Passionartly’), offers on www.passionartly.com (hereafter referred to as ‘Website’), an online market place allowing Painters, Sculptors, Photographers and other Artists (hereafter referred to as ‘Artist(s)’ or ‘You’) upon signing up, direct access through the Website to customers, art-lovers and collectioners, also members of the Websites (hereafter referred to as ‘Customers’) with the purpose to sell works of art (hereafter referred to as ‘Artwork’ or ‘Articles’ at a set and fixed price indicated on the Website (hereafter referred to as ‘Service’).
To use to the Service, Artists must accept all terms and conditions as underwritten in Artist's Terms of Use (hereafter referred to as ‘Artists ToU’) with no reservation nor reserves. This acceptance occurs when clicking the Validation button during the sign up process..
The sales that occur for the Service on the Website between the Customers and the Artists are governed by the Terms of Sale (hereafter referred to as’ ToS’), which must be accepted by the Customer during each transaction process they then complete the Customer ToU.
Passionartly reserves the right to modify and change the current Artist's ToU without prior notice. All changes and modifications will be effective as soon as they are published online on the Website. 

1 - Object

The purpose of the current Artist's ToU is to define the conditions under which Passionartly presents the technological tool for Artists, looking to use the Service, enabling them to exhibit and sell Artwork from the Galleries. These terms of use form a legally binding agreement between you and Passionartly. Your statutory rights are not affected.

2 - Description of the Service

The Service is made up of a collection of tools allowing the Customers to sign up to the Website, to facilitate contact with the Artists from whom they wish to purchase Articles, to pay the cost of the Articles and ensure the delivery of the Article to the Customer.
Transactions that occur through the Service with regards to a purchase are to be concluded directly between the Customer, the Galleries and the Website. Passionartly is in no way the reseller of the Artwork proposed by the Artists on the Website. As such, the Artwork purchased as a result of the Passionartly service will not be refunded nor exchanged by Passionartly.
However, in order to maintain continiuos improvement in the quality of our service and to help in the selction process of our business partners, Passionartly welcomes any comments or suggestions that You may wish to share with us regarding your experience of transactions via the Website.
In all cases where the Customer TOU are not respected entirely, Passionartly reserves the right to suspend temporarily or indefinitely the concerned Customer’s access to the Service.
All Customers commit to conclude the purchases in good faith.

3 - Access to the Service

In addition to accepting the current Artist's ToU, access to the Service is subject to the Artist opening an account on the Website. You must provide all necessary information to enable us to identify you. During the Sign-up process, You commit to provide only accurate information. After this, You must inform Passionartly immediately should any changes occur in your personal information, by contacting us through the proper channels.

In order to use the Service, You must use the Sign-On allocated to you as well as the User Password created during the Sign-Up process. You commit to keep this code secret and not share it with third-parties. As such, You alone will have access and the responsibility for your Sign-On and password, unless there is proof of fraudulent use for which You cannot be held responsible
Should You lose your password or You are a victim of hacked or fraudulent use of your Sign-On, please contact Passionartly immediately, on contact@Passionartly.com ensuring that your email subject contains the word Password.

4 - Personal information/Data

Your personal information and data are protected by Passionartly. Unless specified elsewhere, there are mandatory for your account to function and to enable you access to the Service. The required Shipping information will be transferred directly to the Artist for the sole purpose of organising the delivery. The information and data are stored also for security reasons and to meet legal and regulatory obligations, if any, for Passionartly, and in order for us to improve and personalize the services we can offer to You.
According to the French Law known regarding freedom of information (Loi "informatique et libertés " 6 January 1978), you have the right to oppose, rectify and delete personal data about You, in accordance with the Law. To exercise this right, please write to us by mail to contact@passionartly.com, stating your name, email and postal address. According to the regulations, your application must be signed and accompanied by a photocopy of an identity card bearing your signature and the address to which Passionartly should send You the reply. A reply will be sent to You within a period of 2 months of receipt of the request.

The site also designed to be partuclarly attentive to the needs of our Customers. This is one reason we use cookies. The cookie is to signal your visit to our Website. Cookies are only used by Passionartly in order to enhance the personalized Service for You.

5 - Intellectual Property/Copyright

 All the texts, comments, commentaries, articles, illustrations, Artwork and images reproduced on the Website are strictly reserved under Copyright as well as Intellectual Property in line with International law. As such and in accordance with provisions of the Code of Intellectual Property, these amy only be used for for private purposes, subject to more restrictive rules regarding Intellectual property that may be in force. 
www.passionartly.com is a member of CNIL (Commission Nationale de l'Informatique et des Libertés) ; 
All reproduction, representation, modification and total or partial adaptation of the Website and/or all or part of the element found on the Website no matter where they are located is strictly forbidden.
Customers undertake to make their best effort to notify Passionartly of any violation of Intellectual Property that they encounter. 

6 - Responsability & Guarantees

Use of the Website implies prior knowledge and acceptable of the characteristics and limitations of the Internet, or translations on the Website into languages other than French in particular relating to technical performance, response time to consult, questions or transfers of information; and the risks inherent in any connection or transmission over the Internet.
Consequently, in the absence of a failure on its behalf, Passionartly cannot be held liable for any damage suffered by an Artist or Customer, including (but not limited to):

Operating losses of Information arising from any malfunctions, failures, delays or interruptions in access to the Internet
Transmission and/or reception of data and/or information over the Internet;
The consequences of any virus, bug, anomaly or technical failure;
The failure of any reception equipment or communication line;
The loss of any email and more generally, the loss of any data;
For any damage caused to your computer, PDA, Smartphone or tablet etc to an internet user who connects to the Website;
For any technical failure, hardware and software of any kind, having prevented or limited the possibility of using the Website of having damaged the User’s system who connects to the Website;
Any failure or clear error (including technical, hardware, software, price display, translation etc.. of any kind, having prevented or limited the possibility of using the Website or that misled a used who logs onto the Website;
Indirect damages.
It is the responsibility of every internet user to take all appropriate measures to :
i. Protect their own data and/or software stored on their computer, smartphone, PDA tablet etc that connect to the Website against attack from bugs, viruses trojans etc..
ii. Be able to assess whether it is in the presence of an obvious error regarding the information displayed on the Website (by sending an email to <contact email>) so all verifications can be performed, and if necessary, corrections made.
The responsibility of Passionartly towards its Artists and Customers may only be initiated for acts for which Passionartly is directly responsible and would cause him harm as a direct result of these facts. It cannot be liable for consequential damages. Passionartly cannot be held responsible for any misuse of the Service by the Customer or clear error that You make. Passionartly is not liable for any Service incidents caused by Third parties.
By using the Website, the Artists and Customer state that they are fully aware of the characteristics and constraints of the Internet, and have sole responsibility for the information they enter in their account on the Website. and in relation to other users of the Service.
In addition, in accordance with article 6-I, 2 et 3 of Law (Loi n° 2004-575 (21 June 2004) covering the trust in the digital economy, Passionartly cannot be liable in respect to content made available on the Website by Artists or Customers, in particular with regard to the Article description, unless it did make them available after having been informed of their illegality as provided for by this law.
Finally Passionartly accepts no responsibility with regard to sales concluded by the Customer via the Service with the Artists, who remain foreign. Any complaint relating to comments on the Article description or shipping of the Article will be redirected to the designated Artist, who will take sole and full responsibility of the matter. 
The Customer is solely responsible for his use of the Service.
The Customer agrees, upon first demand even in the event of a non-final judgment, to indemnify and refund Passionartly for any damage, loss, lost profits, claims, liabilities and expenses including fee and consultancy fees Passionarlty incurs if its responsibility was engaged by a third-party, due to a claim or action related to the use of the Service by the Customer.
The Customers and Galleries are informed that Passionartly can share all relevant information, including personal details, with all competence services responsible for the suppression and prosecution of fraud and offenses.

7 - Severability

If one or more provisions of the Artist's ToU are held to be invalid or declared as such under any law, regulation or a final decision of a competent jurisdiction, the remaining provisions shall remain in full force and be fully applicable.

8 - Duration and Validity

The Customer is subject to these Artist's ToU upon registraion on the Website and until the deletion of their account, whether they perform a transaction or not. 
Passionartly reserves the right to modify the Artist's ToU at any time. 
The amended Artist's ToU will be published on the Website. The Artists will be informed of any changes made to the Artist's ToU by Passionartly on the email account registered during the sign up process for the Service.
The applicable Artist's ToU are those in effect on the date of service use of the Website.

9 - Governing Law applicable

The current Artist's ToU are subject to the Law of Luxembourg. Any dispute concerning the interpretation and/or execution will depend on the courts of Luxembourg.