Terms and conditions

TERMS AND CONDITIONS

Ordering of treatment and other treatments

Through these clauses, the COMPANY, as the data processor, is authorized to process, on behalf of the COMPANY, as the data controller, the personal data necessary to provide the service specified below.

The processing will consist of the development and maintenance of the PLATFORM provided for in this Agreement.

Once this contract ends, the data processor must return the personal data to the controller and delete any copies it holds. However, the data processor may keep the data blocked to address potential administrative or jurisdictional liabilities.

The data controller and all its staff are obliged to:

  • Use the personal data to which you have access only for the purpose of this assignment. Under no circumstances may you use the data for your own purposes.

  • Process data in accordance with the instructions of the data controller.

  • If the data processor considers that any of the instructions violate the GDPR or any other data protection provisions, the processor shall immediately inform the controller.

  • Do not share your data with third parties unless you have express authorization from the data controller, in legally permissible cases.

  • Maintain the duty of confidentiality regarding personal data to which you have had access under this assignment, even after the contract ends.

  • Ensure that persons authorized to process personal data expressly agree in writing to respect confidentiality and comply with the corresponding security measures, of which they must be duly informed.

  • Keep at the disposal of the person responsible the documentation proving compliance with the obligation established in the previous section.

  • Ensure the necessary training on personal data protection for persons authorized to process personal data.

  • Data Security Breach Notification

The data processor shall notify the data controller, without undue delay and via the email address provided by the data controller, of any personal data security breaches under its responsibility of which it becomes aware, together with all relevant information for documenting and reporting the incident.

At least the following information shall be provided:

  • Description of the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.

  • Contact person details for further information.

  • Description of the potential consequences of the personal data breach. Description of the measures taken or proposed to remedy the personal data breach, including, where appropriate, measures taken to mitigate potential negative effects.

If it is not possible to provide the information simultaneously, and to the extent that it is not possible, the information will be provided gradually without undue delay.

  • Provide the controller with all the information necessary to demonstrate compliance with its obligations, as well as for the performance of audits or inspections carried out by the controller or another auditor authorized by it.

  • Assist the data controller in implementing the necessary security measures to:

  • a) Ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services.

  • b) Restore the availability and access to personal data quickly in the event of a physical or technical incident.

  • c) Regularly verify, evaluate and assess the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.

  • Destination of the data

The information that the CLIENT uploads to the application will be the CLIENT's property and the COMPANY must keep it confidential, not use it for purposes other than those provided for in this contract or those indicated by law, and anonymize or destroy it when requested by the CLIENT.

However, the service provided by the COMPANY requires the CLIENT to register to access their account. In this case, the COMPANY may request personal information (name, email address, telephone number, etc., which we will store with your account). This personal information may be used to keep you informed (including by electronic means) of news related to the PLATFORM and other similar products, send you a newsletter, invite you to events, and other similar actions. In addition, the COMPANY will compile statistics, profiles, and analyze data regarding activity on the PLATFORM and user behavior, while always maintaining the identity and personal data of CLIENTS confidential.

 

2. SPECIFIC CONDITIONS FOR THE PURCHASE AND SALE OF WORKS

 

2.1 Catalog and sales prices of works of art

  • THE COMPANY and THE CLIENT have mutually agreed upon a catalogue of works and their reference prices to be offered by THE COMPANY through its PLATFORM or any other means for sale to an end customer of any kind.

  • THE CLIENT guarantees that the price and sales conditions offered through THE PLATFORM are equal to or better than those offered by the CLIENT through its art gallery or through its intermediary.

  • The final price of the works may be adjusted by mutual agreement between the COMPANY and the CLIENT to close the sale to the end customer.

  • The final sale price to the end customer will be subject to the corresponding VAT or any other applicable tax.

2.2 Guarantee on the works and their origin

The CLIENT, in his capacity as an art expert, guarantees that the works of art included in his catalogue displayed on the PLATFORM:

  • They are authentic and original, and were created by the author indicated in the catalogue of works and, where applicable, they have a certificate of authenticity,

  • are not subject to encumbrance in any way or are damaged or have visible or hidden defects or flaws,

  • As obligated subjects, they have complied with the requirements of Law 10/2010, of April 28, and therefore (among others) they know the origin of the work and have procedures to avoid suspicious operations and comply with said Law,

  • The possession of the work by its owner is legal and peaceful and the CLIENT is legally entitled to dispose of said work of art; and

  • It has all the necessary authorizations for sale within and outside the national territory - as appropriate.

The CLIENT shall hold THE COMPANY harmless from any damage or claim it may suffer due to the breach of this guarantee, whether from the end customer or any third party (including defense costs).

2.3 Resale of the artwork to the end customer

  • THE COMPANY will proceed to acquire the requested artwork from the CLIENT subject to its simultaneous resale to the end customer.

  • The sale to the end customer will not be effective and therefore, the simultaneous sale by the COMPANY to the CLIENT will not be perfected until the work of art that is the object of the sale is delivered to the end customer.

  • From the final price without VAT of the work paid by the final customer to THE COMPANY, the latter will retain a percentage of 20%, plus the expenses charged for transport to the final customer and any other necessary for the sale, the remaining amount being the purchase price of the work by the COMPANY to the CLIENT with VAT included (hereinafter, the Gallery Price ).

  • Unless otherwise agreed, payment of the Gallery Price by the COMPANY to the CUSTOMER will be made by bank transfer within 30 days of the completion of the sale to the end customer and once the invoice has been received by the CUSTOMER.

  • The CLIENT acknowledges that the purchase and sale of the artwork by the end customer may constitute a distance sale, and the end customer, as a consumer, may exercise their right of withdrawal under the General Law for the Defense of Consumers and Users. The CLIENT agrees that, in such a case, THE COMPANY may also withdraw from the purchase under the same terms as the consumer, returning the artwork and refunding the amount to the CLIENT once the corresponding invoice has been paid.

2.4 Delivery

  • The artwork will be delivered directly by THE CLIENT to the final customer, at the CLIENT's expense and risk, who must take out damage insurance and contract the corresponding transport as agreed with the final customer regarding the place of delivery, date and other details.

  • Delivery must preferably take place within 15 days of THE CLIENT receiving the sales document from the end customer, which THE COMPANY will send to him/her, unless THE CLIENT and the end customer agree on another delivery period.

  • Artworks must be properly packaged and shipped according to the normal requirements of art transporters in a manner that guarantees quality delivery at minimal shipping costs. Depending on the agreement, the CLIENT must provide any certificates of origin or guarantees deemed necessary.



  • 3. GENERAL CONDITIONS

  • MODIFICATION.- The COMPANY reserves the right to modify the GENERAL CONDITIONS from time to time, without prejudice to the fact that those applicable to the contract will be those in force at the time of contracting with the COMPANY.

  • ASSIGNMENT.- Unless otherwise agreed, the CLIENT expressly prohibits the assignment of the rights and obligations arising from this contract to third parties.

  • INFORMATION.- The CLIENT undertakes to provide the COMPANY with the information it requests to ensure compliance with Law 10/2010, of April 28, and the proper execution of this contract.

  • MODIFICATION.- Modification of any of the conditions established in this contract will require the written agreement of the CLIENT and the COMPANY.

  • CONFIDENTIALITY AND PERSONAL DATA - The parties will process the personal data provided to each other to provide the requested service and invoice it. The data provided will be kept for as long as the business relationship is maintained or for the years necessary to comply with legal obligations. Both parties agree to maintain absolute secrecy regarding the personal data to which they have access in compliance with this contract and to ensure, prior to and throughout the processing, compliance with applicable legislation. The data will not be transferred to third parties except in cases where there is a legal obligation. The signatories have the right to obtain information on data protection, access and rectify inaccurate data or request the deletion of their personal data when the data is no longer necessary by emailing admin@arteglobal.es

    • The Parties agree to maintain absolute confidentiality regarding the information and documentation that both Parties provide to each other or have access to during the provision of the Service. Both Parties agree not to disclose or use, directly or indirectly, the information and knowledge acquired, derived from the contractual relationship agreed between the Parties, for services other than those covered by this contract without first requesting the explicit authorization of the other Party.

    • The Parties undertake to take the necessary measures, both with respect to their employees and third parties, to ensure compliance with the provisions of this clause.

  • SUSPENSION OR TERMINATION OF SERVICES - The COMPANY shall have the right, immediately and without any liability, to either suspend or terminate the provision of services or sale in the event of failure by the Client to comply with its obligations under this contract and if such failure is not remedied within 10 days after notification of such failure is given to the Client.

    • The COMPANY's liability for losses, damages or expenses of any nature may under no circumstances exceed the aggregate total of the annual contract amount.

    • The COMPANY assumes no liability for indirect and/or consequential losses or damages, including, but not limited to, loss of profits, loss of business, revenue, or profits, loss of opportunity, and damage to reputation. The COMPANY also assumes no liability for any losses, damages, or expenses that may arise directly or indirectly from claims or demands from third parties incurred by the Client.

  • APPLICABLE LAW AND JURISDICTION - The parties, waiving their own jurisdiction, if any, submit to the Courts and Tribunals of Madrid.

  • This Agreement is of a commercial nature and shall be governed by its own clauses. In all matters not provided for in them, the parties shall comply with the provisions of the Commercial Code, commercial customs, and, failing that, with the provisions of the Civil Code.