TERMS & CONDITIONS
SITE’S TERMS OF USE AND PURCHASE CONDITIONS
(Hereinafter “STUPC”)
Last updated 17 December 2020
1. PRESENTATION
The website www.artscoops.com is the property of the company Artcoops ltd.
Address Michel Chiha Street / Mexico Street, Mina Building, 3rd floor, Kantari, Beirut, Lebanon
A company registered under the laws of The Republic of Lebanon and Companies Register under number 1018754
All notices or communication related to the activities of the site shall be addressed to: contactus@artscoops.com
2. HOSTING
The Artscoops.com website is hosted on the servers of Digital Ocean.
3. CONFIDENTIALITY AND RESPECT OF PERSONAL DATA
The user has the right to access, modify and delete any personal data concerning him.
He may exercise this right by contacting the publishers at Artscoops.com at the following address or by e-mail to service@artscoops.com.
Any details the user provides may be released by court order.
4. FORM
The data collected from web users by means of the registration form on the Artscoops.com website is subject to an obligation of privacy and cannot be revealed or processed to third parties without user’s consent.
SITE’S TERMS OF USE
Artscoops.com is a company dealing in voluntary furniture sales. Artscoops acts as a consignee for the sale of artwork between sellers or rights holders and buyers.
In this capacity, Artscoops is subject to the provisions related to the consignment for sale.
Artscoops.com is a website that is used to present the activities of Artscoops, specifically by offering a service to view and buy lots in the various sales it organizes.
1. ACCEPTANCE OF GENERAL CONDITIONS
The user declares that he acknowledges the Terms of Use & Purchase Conditions applying on the date of its visit on the artscoop.com website, which he accepts.
Artscoops reserves its right to modify the STUPC, in full or in part, at any time.
Consequently, it is the user’s responsibility to regularly check for changes in the said rules, which are permanently available for consultation on the website at Artscoops.com.
Any access to the website and/or use of the services available at artscoops.com after modification of the STUPC shall be deemed instant acceptance of the new Conditions by the user.
2. REGISTRATION AND ACCESS TO RESERVED SERVICES
- Registration
The services on the Artscoops.com website are reserved for registered users, particularly buying lots online under the Purchase section (see below, Purchase Conditions).
To become a registered user of the Artscoops.com website, the user must fill in all the mandatory fields on the registration form. The user must declare that he is over 18 years old and legally entitled to enter into this contract.
The user agrees to provide accurate, complete and up-to-date data, particularly their personal details and settlement information, and to make the necessary corrections to that end where necessary.
- Access
Access to the reserved service of the Artscoops.com website is allowed after approval by the website’s webmaster, moderator or administrator. In this respect, Artscoops reserves the right to delete any user profile that fails to respect the provisions of these STUPC.
Once registered, the user has a user name and password that are strictly personal and confidential.
The user is hereby informed that he shall be liable for any actions taken through his personal user account, whether fraudulent or not, should these identification elements be disclosed to a third party.
- Account & membership
In order to have access to online sales of Artwork on artscoops.com the user has to create a profile according and agrees the following:
(1) to create and keep his password secure and confidential;
(2) not to allow any other person to use his account;
(3) not to use other’s accounts;
(4) not to sell, trade, or transfer the account to another party.
(5) to assume his responsibility for anything that happens through his account until the closing of said account or the proof that the account security was compromised due to no fault of his own.
Artscoops reserves its right to close user’s account as a result of violation of these terms and conditions, without any prior notice or justification.
- Invite button & share on social media
The user may use the invite a friend button and may share the content of this site on social media. All rights and Intellectual Property related to the later remain reserved.
3. PRIVACY AND PERSONAL DATA
Artscoops respects user’s privacy and data processing
The user hereby expressly agrees to allow Artscoops to process his personal data.
The use of Artscoops.com online services requires a session cookie used for the duration of the user’s session on the reserved part of the website.
The user has the right to consult and correct his personal data.
The user may exercise this right directly at any time on the Artscoops.com website by correcting, supplementing or deleting personal data.
The user may also exercise this right by sending a letter to Artscoops.com to the Address shown above or by sending an email to the following address service@artscooops.com.
Artscoops guarantees that the personal data supplied on registration cannot be accessed by third parties, nor forwarded, sold or shared.
Artscoops also guarantees that the personal data of other persons collected through the “invite a friend” service will not be recorded in the database of the Artscoops.com website.
4. LIABILITIES
The user expressly acknowledges that web-related constraints make it impossible for Artscoops to guarantee the permanent security and availability of data transmissions on the artscoops.com website.
ArtScoops may not be held liable for any dysfunction or denial of access to the Artscoops.com website attributable to the user’s internet service provider, bandwidth saturation, hardware incompatibility or any other circumstance beyond the control of Artscoops.
Similarly, Artscoops may not be held liable for any dysfunction or denial of access to the Artscoops.com website due to a maintenance operation or upgrade of the said website.
In case of disclosure or usurpation of a user’s identity to/by a third party, the user shall be liable for any actions taken by means of his personal user account, whether fraudulent or not.
Artscoops shall not be liable for any damage which a user may suffer as a result of any virus or other destructive software. User is solely responsible for ensuring appropriate security and virus protection features.
Attempting to hack into the website, interfering with the service to users, violating artscoops.com network security or submitting a worm or virus to gain unauthorized access to the accounts constitute a violation of these STUPC and may be subject to criminal liability.
Should any claim be filed against Artscoops following a user’s infringement of the law or these General Conditions of Use, the latter agrees to insure Artscoops for the legal consequences thereof.
5. INTELLECTUAL PROPERTY – COPYING
The Artscoops.com website is dedicated to presenting activities of Artscoops.
In this context, various illustrations, reproductions and quotations of original works may be displayed on the Artscoops.com website. These are lawfully featured on the Artscoops.com website under the terms of the short quotation exception provided for fraudulent or misinformation provided in this regard by the artwork provider.
Any copying, in full or in part, of the catalogue presented by Artscoops on the Artscoops.com website is strictly forbidden and represents an infringement for which offenders may be prosecuted under the provisions of the Intellectual Property provisions and penal code.
Furthermore, the sale of any artwork via the Artscoops.com website does not entitle the owner to copy and exhibit the said work.
Artscoops cannot guarantee the complete accuracy of any information supplied on the works presented on the Artscoops.com website.
More specifically, Artscoops accepts to exercise due care when verifying the information supplied on the artworks comprising the lots presented under the Sale Section of the Artscoops.com website.
The reproductions featured on the Artscoops.com website, the overall layout and all the elements such as texts, images (animated or not) comprising the Artscoops.com website are the property of Artscoops.
It is strictly forbidden to copy this website, in full or in part, in any format whatsoever, without the written authorization of Artscoops.
Any representation or copy of this website by any means whatsoever shall be deemed a punishable infringement under the Intellectual Property law and may be subject to criminal pursuits.
Moreover, it is strictly forbidden to copy or imitate the Artscoops brand without the written authorization of Artscoops and this shall be deemed an infringement according to the provisions the Intellectual Property Law.
6. CANCELLATION
The user may choose to cancel his registration giving access to the Artscoops.com website at any time, without explanation. The user may cancel his registration directly on the Artscoops.com website, by sending an email to service@artscoops.com or a letter to Artscoops, at the address shown in these STUPC.
Artscoops reserves the right to cancel the user’s access, without further notice, in case of serious breach of these STUPC.
The user will receive an e-mail notifying/confirming cancellation of his access.
Cancellation of the user’s registration will entail the destruction of any personal data pertaining to the user, at the latter’s request.
7. TRANSFER – USE
The user account is strictly for the user’s personal use.
Consequently, the user undertakes not to sell, transfer or license his right to access the reserved services on the Artscoops.com website to another party.
8. APPLICABLE LAW
These Site’s terms of use (which exclude the purchase conditions) are governed by Lebanese law and must be interpreted under the latter and in accordance with the principles governing Internet Use in French law.
Any disputes arising in the interpretation or application of these Terms shall be brought before the Beirut Courts.
9. APPLICABLE LANGUAGE
The English version of these STUPC prevails for interpretation purposes.
CONDITIONS OF PURCHASE
Artscoops is a company that markets consigned Artwork by direct sale and in-kind in its premises or anywhere it designates, or by placement of Artwork on its site (www.artscoops.com), on any other site in conjunction with it, or by sale through partners.
In such capacity Artscoops acts as a consignee for sale of Artwork provided by a seller in order to be sold to a purchaser.
The relationships between Artscoops and the purchaser are subject to the present general conditions of purchase which can be modified at any moment by Artscoops before the time of the sale.
1. GOODS FOR SALE
1. The prospective buyers are invited to examine any artwork in which they may be interested, on Artscoops’ site www.artscoops.com
Artscoops is at disposal of the prospective buyers to provide them with reports about the conditions of lots.
2. Description of the lots resulting from the reports, information, documents and verbal statements or announcements are only the expression of Artscoops and their perception of the lot, but cannot constitute the proof of a fact.
3. The statements made by Artscoops about any restoration, mishap or harm arisen concerning an Artwork are only made to facilitate the inspection thereof by the prospective buyer and remain subject to his own or to his expert's appreciation.
The absence of statements by Artscoops relating to a restoration, mishap or harm, whether made in the catalogue, condition reports, on labels or orally, does not imply that the item is exempt from any current, past or repaired defect. Inversely, the indication of any defect whatsoever does not imply the absence of any other defects.
2. THE SALE
In order to assure the proper organization of the sales, prospective buyers are invited to make themselves known to Artscoops before the sale, so as to have their personal identity data recorded. Artscoops reserves its right to ask any prospective buyer to justify his identity as well as his bank references and to request a deposit.
In order to have an online access to the sales purchaser shall follow the following process:
1- Create a user account
2- Login to user’s account
3- Select the Artwork
4- Accept the terms of use of the site’s and purchase conditions (STUPC)
5- Provide all relevant personal information as well as other information such as those related to the delivery and transportation of the Artwork, necessary to the finalization of the sale
6- Fulfil the payment methods and provide all relevant information related thereto
Artscoops reserves its right to refuse admission to the sales premises or online to any prospective buyer for legitimate reasons. Any person who undertakes to purchase an artwork commits to pay personally and immediately the price increased by the costs and expenses to be borne by the buyer and any tax or fees/expenses which could be due. Any purchaser is deemed acting on his own behalf except when prior notification, accepted by Artscoops, is given that he acts as an agent on behalf of a third party.
The usual way to purchase artwork consists in buying the latter at the premises of Artscoops, online or through partners Artscoops deals with. However, Artscoops may graciously accept to receive some purchases by telephone from a prospective buyer who has expressed such a request. Artscoops will bear no liability/responsibility whatsoever, notably if the telephone contact is not made, or in case of mistakes or omissions relating to the reception of the telephone. Artscoops reserves its right to record all the telephone communications for the purpose of Sale/purchase of Artworks. Such records shall be kept until the complete payment of the price, except claims.
Artscoops will conduct sales at their discretion, ensuring freedom and equality among all purchasers, in accordance with established practices. Artscoops reserves its right to refuse a purchase, to organize the sale in such manner as may be the most appropriate, to move some lots, to withdraw any lot and to combine or to divide some lots, for any reason. In case of challenge or dispute, Artscoops reserves its right to continue the sale or to cancel it, or to put the lot back up for sale.
3. THE PERFORMANCE OF THE SALE
3.1. Artwork’s Price
Prices related to the artwork are final and non-negotiable and cannot be reconsidered by Artscoops
Artscoops certifies that the artwork’s price reflects the market price of the latter. Artscoops reserves however its rights to modify, reconsider, and raise any price related to the artwork, without prior notice or justification.
The artwork price shown on the website or on-site includes the commission due to Artscoops.
3.2. In addition to the lot's price, the buyer must pay the following:
1. Lots VAT or taxes if ever; taxes (VAT on commissions and VAT on importation) can be retroceded to the purchaser upon presentation of written proof justifying this exemption.
2. Transportation and insurance on transportation when this service is required
3. Storage fees of the artwork in case the latter is not collected in due time, according to what is stipulated below.
3.3. Settlement
1. The settlement of the artwork’s price or any other cost, fees, taxes or expenses can be made by one of these payment methods:
o In cash, for the whole price, costs taxes, transportation and insurance, even when an export license is required, upon presentation of purchaser’s identity papers.
o By international bank transfer.
o Local Cheque on occasion are accepted. Please ask Artscoops team prior to purchasing the method of payment.
No claim submitted within 10 days as from the occurrence of the settlement related to the accuracy of the payment or credit card charge will be considered as finally accepted by the purchaser.
2. No lot will be delivered to the buyer until full payment has been made. In case of payment by an ordinary draft/check, by bank or money transfer, payment will be deemed made only when the check and transfer will have been cashed.
As to facilitate the price calculation for prospective buyers, a currency conversion may be operated by Artscoops. Nevertheless, Artscoops will not be liable for errors of conversion.
3. Purchaser shall settle the artwork’s price within 10 days as from the sale’s date of occurrence. The lot will be delivered to the buyer only after the entire payment of the price, costs, taxes, transportation and insurance fees. In the meantime Artscoops may invoice to the buyer the costs of storage of the lot, and if applicable the costs of handling and transportation of the lot as well as the transportation’s insurance.
Should the buyer fail to pay the amount due, and after notice to pay has been given by Artscoops to the buyer without success, the purchaser is considered as having withdrawn from the purchase. The lot cannot be upheld by Artscoops more than 15 days as from the date of the sale. Failing payment within these 15 days following the date of purchase, the sale is considered as cancelled.
Artscoops reserves its right to set off any amount it may owe the defaulting buyer with the amounts to be paid by the defaulting buyer.
Artscoops reserves its right to exclude from any future sales, any purchaser who has been a defaulting buyer or who has not fulfilled these conditions of purchase.
4. CATEGORIES OF ONLINE SALE, RETURN AND EXCHANGE OF ARTWORK
4.1. Artworks can be subject to two categories of online sale:
A- FINAL SALES: Sales that are subject to no return or refund. These sales are considered as final when mentioned as such on the website. In this case, cancellation of sale cannot be considered after payment of the artwork. The sums paid cannot be reimbursed or returned.
The delivery of the Artwork in such sale occurs as from the effective payment by the purchaser.
B- CONDITIONAL SALES: Sales that are subject to confirmation by the owner/consigner upon availability of the selected item
C- SALES SUBJECT TO A RETURN POLICY: all sales of Artwork on the website that can be returned to Artscoops according to the following conditions:
4.2. If the Artwork is sold online, and if the lot is subject to a return policy, the purchaser may reconsider the sale during 15 days as from the date of the delivery of the Artwork at the delivery address. If no objection is raised within this period or no indication of an intention is made in this regard within this period, the Artwork is presumed to be irrevocably purchased by the buyer. Buyer may however send a written notice during these 15 days in order to express his intention to consider the sale as finale. This paragraph does not apply if the Artwork is sold by public or private auction or to other types of sale.
Artworks subject to a return policy, are presumed to be finally acquired by the purchaser at the date of expiry of a period of fifteen days following the delivery of the Artwork without that latter practicing its right to reconsider the sale, according to what is stated in the previous paragraph or failing any written notice considering the sale as final.
In case the Artwork is returned by the purchaser, costs, expenses, transportations costs and insurance will remain at the purchaser’s charge.
4.3. All returns must be expressly stated by email at the following address: service@artscoops.com.
Any indication of damage cause to the acquired artwork must be established by images, photos, videos or any support that could establish the artwork’s return background. The artwork must be returned in the exact delivery conditions and must include the certificate of authenticity if it was issued. Artscoops will accept no return if it has not been done in the same delivery conditions.
The artwork returned for reasons other than those relating to a defect or a flaw, must be returned in the same delivery conditions. The artwork must be submitted in this case to the same guarantees of authenticity and quality than those occurring upon its delivery to the purchaser.
4.4. In case of return, all costs, expenses, taxes and insurance fees remain at the purchaser’s charge. The later may include expenses relating to the transportation of the artwork from its original location to the address indicated by the purchaser and those related to the return of the artwork from its location of delivery to its original address. In this latter case, the price settled by the purchaser in accordance will be refunded deducted from expenses and costs incurred for the transportation and insurance of the artwork and any other cost or expense related to the purchase, delivery, transportation or storage of the artwork.
4.5. If the recipient wishes to receive a replacement of the work by another artwork for the refunded price, Artscoops can accept this request under the same conditions laid down in these STUPC
If the buyer wishes to return a work acquired in the conditions laid down in the preceding paragraphs, he must initiate the return transportation and comply with all the requirements of Artscoops in order to initiate such return transportation of the artwork to its original location.
5. WARRANTIES AND LIABILITY
Artscoops guaranties that artworks are provided by qualified and accredited persons. Artscoops may release an authenticity certificate upon request.
However, all warranties related to the artwork, its quality, the information related thereto, to its author remain at the consigner’s charge; Artscoops only acts as a consigner for sale; its responsibility or liability cannot exceed those mentioned in the consignment contract.
Artscoops is not liable for information provided by the consigner or for any defect or flaw that may affect the artwork; all information, data, images or representations of the artwork remain at the consigner’s charge
Artscoops cannot be held liable for counterfeits that remain at the consigner’s charge; any request in this regard shall be made toservice@artscoops.com
Artscoops cannot be held liable for online sales made by other sites in conjunction with the services of Artscoops or Artscoops.com. Artscoops remains a simple intermediary in this regard and all liabilities shall remain at the effective sale’s site charge.
Artscoops cannot be held liable for any advertisement or information provided by third parties on the website or for any link that is not related to www.artscoops.com.
Artscoops is a free service subject to other commitments at the time of the sale; Artscoops does not accept liability for failing to execute an online internet sale or for errors or omissions in connection with this activity, including, without limitation, errors or failures caused by:
- a loss of connection on Artscoops.com or its end
- a breakdown or problems with the online software and/or
- a breakdown or problems with a client's internet connection, computer or system.
6. PURCHASER’S INFORMATION
Artscoops will be authorized to reproduce and proceed all of the sale’s information that the buyer will have provided before the sale. The buyer will be responsible for any false information given.
Should the buyer have neglected to give his personal information before the sale, he will have to give the necessary information as soon as the sale of the lot has taken place.
Any person having been recorded by Artscoops has a right of access and of rectification to the nominative data provided to Artscoops.
The purchaser is allowed, upon request, to ask that his name be kept confidential. In this case, written and express instruction shall be sent to Artscoops in this regard. The confidentiality can only be required with regard to third parties and not among Artscoops and purchaser.
7. ARTWORK COLLECTION, DELIVERY, AND INSURANCE
The lot must to be insured by the buyer immediately after the purchase. The buyer will have no recourse against Artscoops in the event where, due to a theft, a loss or a deterioration of his lot after the purchase, the compensation he receives from the insurer of Artscoops would be insufficient.
Artscoops cannot be held responsible for non-delivery of artwork if it is prevented, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, strikes, labor disputes or any other similar cause beyond its reasonable control
For items purchased which are not collected within 20 days as from the sale (Saturdays, Sundays and public holidays included), Artscoops will be authorized to move them into a storage place at the defaulting buyer's expense, and to release them to the latter after payment of corresponding costs, in addition to the price, costs, taxes transportation and insurance fees.
8. INTELLECTUAL PROPERTY RIGHT - COPYRIGHT
The copyright in any and all parts of the artwork is the property of Artscoops and/or consigner.
Any reproduction thereof is forbidden and will be considered as counterfeiting to their detriment.
Furthermore, Artscoops benefits from a legal exception allowing it to reproduce the lots for sale on its website, even though the copyright protection on an item has not lapsed.
The sale of an artwork does not transfer to its buyer any reproduction or representation rights thereof.
9. SEVERABILITY
The clauses of these conditions of purchase are independent from each other. Should a clause whatsoever be found null and void, the others shall remain valid and applicable.
10. LAW AND JURISDICTION
These Conditions of purchase are governed by Lebanese law exclusively.
Any dispute relating to their existence, their validity and their effect on any buyer or purchaser shall be submitted to the exclusive jurisdiction of the Courts of Beirut.
11. NOTICES AND CORRESPONDANCE
All correspondence and notices related to the conditions of purchase shall be addressed by email to the following address: service@artscoops.com
Or by regular mail to the following address:
Michel Chiha Street / Mexico Street, Mina Building, 3rd floor, Kantari, Beirut, Lebanon