Terms of service

These Terms and Conditions are a legally binding agreement between you (hereinafter referred to as the Customer) and Notre Arte, (hereinafter referred to as Notre Arte, we, our or us). Upon placing an order through the (mobile) Website, or using any of the services related thereto, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein.

1. Interpretation

1.1 Artwork means an artwork offered for sale on the Notre Arte platform.

1.2 Agreement means the agreement that the Customer enters into when accepting the applicability of these Terms and Conditions to a purchase or another use of Services.

1.3 Customer is the party that executes the Order for Artworks as advertised by Notre Arte, or that otherwise uses any of the Services offered by Notre Arte.

1.4 Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and (registered) trademarks, and any other intellectual property rights.

1.5 Order means the Customer’s order for the Artworks advertised by Notre Arte after following the step-by-step process as set out on the Website.

1.6 Services means the services as offered by Notre Arte which relate to or are in support of the sale of Artworks.

1.7 Website means the website on [www.notre-arte.com], where the Artworks and Services are advertised.

2. General Terms

2.1 These Terms and Conditions apply to all Services offered and Artworks advertised by Notre Arte, and all Orders placed by the Customer, except where expressly indicated to the contrary.

2.2 You may not use the Services, place Orders, or accept these Terms and Conditions if you are not of legal age or have the required mental capacity to form a binding contract with Notre Arte.

2.3 Placing an Order and/or using the Services requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use of the Services or the Website.

2.4 All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Agreement between Notre Arte and the Customer.

2.5 In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. Notre Arte will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.

2.6 Notre Arte may unilaterally change these Terms and Conditions. The amended Terms and Conditions will become applicable within 30 days after the Customer has been notified of the new Terms and Conditions.

2.7 These Terms and Conditions contains the entire legal understanding between Notre Arte and you and supersedes any and all prior or written understandings or agreements in relation to Customer’s access to and use of the Services as well as any Orders placed by the Customer.

2.8 Any personal data submitted by the Customer to Notre Arte will be governed by our Privacy Policy.

2.9 When the Customer purchases an Artwork on our Website, the Customer enters into a direct contract with the artist. Notre Arte is not a party to a contractual relationship between Customers and artists. Notre Arte does not warrant or act as an agent, reseller, or in any other capacity for the artist. The artist who created the Artwork will be the seller of record for all sales by that artist to the Customer via the Notre Arte Website, but the Customer will pay Notre Arte via the Website for the purchased Artworks. Notre Arte simply offers the platform that allows Customers and artists to connect.

2.10 Nothing in these Terms and Conditions suggests that Notre Arte owns, creates, sells, resells, supplies, controls, manages or offers the Artworks. The artists are fully responsible for their offers and Artworks.

3. The offered Artworks

3.1 The offered Artworks will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Artworks by the Customer.

3.2 Where Notre Arte uses images, these are a true representation of the Artworks. However, to the extent permitted by applicable law, Notre Arte does not warrant or represent that the Artworks’ descriptions, colours, information, or any other content available on the Website are accurate, complete, reliable, current, or error free. Please take the time to read descriptions carefully and check the colours on multiple screens if you are concerned about colour variations.

3.3 Notre Arte reserves the right to refuse the Services or the sale of the Artworks to anyone for any reason and at any time.

3.4 Obvious mistakes or errors in the description or depiction of Artworks do not bind Notre Arte.

4. Use of the Website

4.1 The Customer must provide accurate, current, and complete information in order to place an Order. If any information provided during the registration process or order process or thereafter is or becomes inaccurate, false or misleading, then Notre Arte has the right to suspend or terminate the Customer’s account or to cancel an Order.

4.2 The Customer must maintain the confidentiality of any account details and agrees to notify Notre Arte if the Customer suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.

4.3 The Customer shall duly inform Notre Arte of any fact and circumstances that may be relevant in connection with the execution of the Services.

4.4 Customer hereby agrees not to:

Attempt to circumvent our security systems;

Infringe in any way on any intellectual property rights of Notre Arte, artists or third parties;

Use the Website for any other purpose than intended by Notre Arte;

Upload or submit content that contains viruses, or any other computer code, corrupt files, or programmes designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment;

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof.

5. Orders and Payments

5.1 Any amounts displayed on the Website or made known to the Customer in any other way shall be in Euro’s (€), including taxes, unless explicitly stated otherwise. Typing errors and price changes are reserved.

5.2 Shipping costs are not included in the prices as stated on the Website and may be added to the final price.

5.3 The full purchase price is paid immediately upon placing an Order by the Customer providing the applicable credit or debit information with the Order.

5.4 Notre Arte takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments.

5.5 Notre Arte has the right to seize its Services until the Customer fulfils all payments due. The Services shall be reinstated once payment has been made in full.

5.6 The Customer may only pay for the Artworks via the Notre Arte Website. The Customer may not enter into any other method of payment with the artist with the intent of avoiding the Website.

6. Customer’s right of withdrawal and refunds

6.1 The Customer has the right to withdraw from any purchase, for any reason, within a cooling-off period of 14 days after the Customer or a third party designated by the Customer in advance, who is not the carrier, has received an Order. Notre Arte may ask the Customer about the reason for withdrawal, but the Customer is not obliged to state the reason(s).

6.2 During the cooling-off period, the Customer will handle the Artwork and the packaging with due care. Customer will initially only unpack the Artwork to the extent necessary to be able to assess whether or not the Customer wants to keep the Artwork.

6.3 If an Artwork has been customized to the Customer’s specifications, artists are not obliged to accept this Artwork in return.

6.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.

6.5 Customer will notify Notre Arte of the intent to exercise the right of withdrawal within the 14-day cooling-off period by following the steps set out by Notre Arte on the Website. Within 14 days from the day following this notification, Customer will return the Artwork following the instructions provided by Notre Arte.

6.6 If Customer exercises the right of withdrawal, Customer will return the unused and undamaged Artwork with all accessories supplied and - where reasonably possible - in the original shipping packaging.

6.7 The Customer shall bear all the costs of returning the Artwork(s).

6.8 Notre Arte will reimburse payments made by the Customer, except the costs of return, within 14 days following the day on which the artist has received the returned Artwork in its original state.

6.9 Notre Arte will use the same payment method that the Customer has used for the reimbursement, unless the Customer agrees to a different method. The reimbursement is free of charge for the Customer.

6.10 Exclusion of the Right of Withdrawal for Time-Limited Editions
Products offered as part of a time-limited edition are excluded from the right of withdrawal. These artworks are exclusively available for purchase during a limited timeframe, after which the edition size is finalized. As such, these products are non-returnable. This exclusion is in accordance with applicable laws and regulations for personalized and made-to-order products.

7. Delivery

7.1 Artworks purchased by the Customer will be shipped directly from the artist.

7.2 Upon delivery of any Artwork, the Customer shall be fully and solely responsible for the Artwork.

7.3 If a package gets lost in transit, the Customer must notify Notre Arte of this no later than 14 days after the estimated delivery date.

7.4 If the Customer’s address of delivery is incorrect or insufficient, or if the package is not claimed by the Customer, the package is returned to the artist. The Customer will be liable for reshipment costs.

7.5 The Customer is obliged to comply with the applicable import and export regulations and the customs regulations of the country-of-origin destination and transit.

7.6 Any taxes, customs, or duty fees incurred on international parcels are the responsibility of the Customer. The Customer is solely responsible for all risks and consequences of importing Artworks.

8. Limitation of Liability

8.1 To the maximum extent permitted by applicable law, the Services provided by Notre Arte on or through the Website are provided on an “as is” basis. Notre Arte makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Website.

8.2 Notre Arte is not liable for possible damage caused under these Terms and Conditions or an Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Notre Arte, provided that it has been demonstrated by the Customer.

8.3 The liability of Notre Arte is at all times limited to the complete amounts paid by the Customer in an Order.

8.4 To the maximum extent permitted by law, Notre Arte shall not be liable for any indirect damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of the Services or purchase of any Artwork; (b) any conduct of any party other than Notre Arte itself; or (c) any defect in Artworks.

8.5 The Customer indemnifies Notre Arte against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If Notre Arte is held liable by a third party in relation to these Terms and Conditions and any underlying Orders, the Customer is obliged to pay Notre Arte all costs related to this.

9. Intellectual Property and use

9.1 The Artworks, the Website and any supplemental content thereon are protected by applicable intellectual property laws and the Customer agrees to respect them. All rights, title, and interest not expressly granted to the Customer are reserved by Notre Arte.

9.2 When the Customer purchases an Artwork, the ownership of any and all intellectual property rights in the Artwork remain vested in the artist, including moral rights. The Customer does not acquire any rights to multiply, reproduce, or modify the Artwork without having written permission to do so. The Customer may not commercially exploit the Artwork, other than by re-selling the Artwork.

10. Applicable law

10.1 Only the laws and regulations of the Netherlands apply to the legal relationship between Notre Arte and the Customer.

10.2 The Dutch courts are authorized (in the first instance) to take cognizance of any dispute between Notre Arte and the Customer, unless otherwise required by law.