CONDITIONS AND TERMS
Studio Artnuances Ltd (“the Studio”) acts as an intermediary between Sellers (artists, collectors and other interested parties) and Buyers for commercial transactions involving works of art through the website www.artnuances.com .
The relationships between the Studio and potential Sellers and Buyers are and must be regulated by the following conditions, conditions that will be assumed to be known and accepted from the first access to the above site. These conditions will prevail over any possible legal exemptions which might be in contrast and/or contradiction.
CONDITIONS AND TERMS OF RELATIONSHIPS WITH POTENTIAL SELLERS
TThe potential seller, (“Seller”), must present to the Studio the work and/or works of art that they wish to put up for sale together with adequate means for permitting their thorough examination, including documents certifying their authenticity (the certificate of authenticity). It is the Seller’s responsibility to propose a minimum selling price.
The Studio, once it has examined, without any time constraint, all the necessary documentation and images sent or, physically, the work itself, will retain the sole and incontrovertible right to accept or reject the work for insertion on the abovementioned site, specifying on the said site, the procedures, terms and conditions that it deems useful for the successful completion of the transaction, the selling price which, obviously, must not be lower than the minimum price proposed by the Seller, net of charges for shipping and/or delivery to the Buyer.
The insertion of the work on the site will be carried out by the Studio in the manner that it deems most appropriate in order to achieve adequate publicity for the successful completion of the transaction.
Once the Studio has received a purchase proposal indicating inter alia the place of delivery, the Studio will communicate such proposal to the Seller who must indicate to the Studio the relevant cost of shipping and/or delivery of the work in order to allow the Studio to report to the Buyer the total cost including these expenses. The Studio may, in some cases assist the Seller to find the best way to ship a work outside of its country of origin.
The Studio will then communicate the total cost of the work including shipping and/or delivery to the Buyer in order to obtain confirmation from the Buyer of the purchase proposal. This will be communicated to the Seller.
After the payment by the Buyer of the total amount due for the purchase, including shipping and/or delivery costs, should the Seller refuse to sell and otherwise deliver the works to the Buyer identified by the Studio through the site, the sale will be cancelled and any relevant work immediately removed from the website. Furthermore the Seller’s refusal to sell the Studio will pursue all the remedies at its disposal including, but not limited to, injunctions, suits for specific performance and damages for breach of contract.
In consideration of the irrevocable commitment to sell as set out above, it will be the Studio’s responsibility to treat in the manner it deems appropriate the methods of payment of the price which cannot, as mentioned, be lower than the minimum price including shipping and/or delivery costs. The Studio will provide the Seller with documentary proof of payment of the total price by e-mail. Each work, at the time of shipment, must be accompanied by a certificate of authenticity signed by the Seller which declaring the date of execution, the technique employed and the dimensions of the work.
Once the aforementioned proof of payment has been provided, the Seller will be responsible, at its own expense, for delivering the work to the Buyer in the place indicated by the latter and must inform the Studio of the timeframe within which it is able to ship and/or deliver the same.
The Studio from time to time may agree with the Seller on the terms of delivery, without prejudice to any obligation to pay the related costs. Furthermore, the Seller may agree with the Studio on the methods of bearing the cost of shipping and/or delivery, authorizing the Studio in writing to withdraw from the account into which the total sale price was paid, the amount necessary to settle said shipping and/or delivery charges. Once the work has been delivered to the Buyer and relevant proof of delivery provided to the Studio, the Studio, will pay the purchase price to the Seller within 7 (seven) days, less an agreed brokerage fee of 30% (thirty percent) of the purchase price. Payment will be made to the Seller to any bank nominated by the Seller or via PayPal, or by cheque. It is the Seller’s responsibility to advise the Studio of the payment option preferred giving all details necessary for the payment to be made and providing valid identification.
It is not possible to send data to receive payments not directly reported to the seller.
CONDITIONS AND TERMS OF RELATIONSHIPS WITH POTENTIAL BUYERS
Those who intend to proceed with the purchase of one or more works of art advertised on the site, henceforth called “buyers”, must express their intention by written communication, also by e-mail addressed to the Studio. The communication must contain:
a) indication of the work;
b) general information about the buyer;
c) price offered;
d) place of delivery;
e) commitment to the payment of the purchase price and the charges for the shipment and / or delivery of the work, to the account and in the manner which the Studio will communicate within 3 (three) working days.
Once the Studio has received the aforementioned communication, it will in turn inform the buyer of the total price, including the shipping and / or delivery charges of the work. The buyer must confirm in writing their intention to purchase, indicating their personal data. When the Studio has received the intention to purchase is confirmed, the transaction will be deemed concluded and the buyer will be obliged to pay the price offered.
Once the purchase proposal has been received, the Studio will still be free, until the sum has been paid, to evaluate any further offers that may have arrived in the meantime, thereby keeping the sales proposal on the site, proposal which will be immediately deleted on reception of proof of payment of the established price. The Studio reserves the right to keep the work on the site after sale accompanied by the word “sold” and this for no more than 30 (thirty) days after the conclusion of the transaction.
Once the payment has been made, the Studio will inform the seller of the conclusion of the transaction and the latter will deliver the work to the place indicated by the buyer. If the work has not been delivered to buyer within 30 (thirty) calendar days from the conclusion of the transaction, the buyer will be entitled to cancel the order and the Studio will reimburse the buyer for the price paid. Notwithstanding the above, tailor-made work (e.g. sculptures) are not subject to this obligation. The buyer acknowledge and accept that sculptures may take up to 3 (three) months to be delivered and paintings purchased along with a tailor-made frame may take up to 4 (four) weeks to be delivered.
The user has no right to use the site:
I) to publish, upload, send by e-mail or other means of transmission offensive, defamatory, disparaging or obscene material that may offend third parties or may violate the rights of third parties or inhibit the use and enjoyment of the site by third parties;
II) to publish, upload, send by e-mail or other means of transmission of any advertising, promotions, material, junk mail, spam, chain letters, unsolicited or unauthorized pyramid schemes or any other form of solicitation and commercial exploitation;
III) to create a data base, electronic or otherwise, with the material downloaded or otherwise obtained from the site;
IV) transmit or forward any material obtained from the site to third parties without authorization;
V) download or attempt to download unlawfully, and in any case without authorization, any materials, documents and information from the site;
VI) to access, copy or monitor any part of the site, or in any way reproduce or circumvent the navigation structure of the site or any content;
VII) upload or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, limit, destroy, limit functionality or compromise the integrity of any computer software or hardware or telecommunications equipment by any means.
In any case, the Studio cannot be held responsible and / or jointly responsible for illegal activities carried out by cyber pirates or so-called hackers. The studio cannot be held responsible also for the non-perfect chromatic accuracy that may arise from the publication of the work with respect to the original, the publication which will in any case be based on the documentation provided by the artist, collector and interested party. For all matters not provided for in the above conditions, relations between the parties will be governed by the laws in force in the Italian State. By sending the sales and / or purchase proposals, the proposers authorize the processing of personal data, including sensitive ones, for the purposes laid out in this contract.