TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

ARES ART has set up on www.arescontemporary.com (“Website”)

1.- Subject

The present general terms and conditions of service rule the services offered through the Website by ARES ART, an individual company in Lugano, Switzerland, IDI (Business Identification Number) CHE-414.830.286 (hereinafter ARES ART).

ARES ART strongly recommend each users of the Website (“User”) to read the present general terms and conditions of service (“General Terms”). It is hereby understood that the General Terms include each note, legal information and disclaimer published on the Website.

These are the General Terms and Conditions applying to all orders placed by the Users made through the website www.arescontemporary.com (hereinafter “Terms & Conditions”) on which ARES ART supplies any of the Products listed on the Website to the Users.

All information published on the Website is available in English language. The Users hereby declares to have read of all such information and General Terms prior to access and use the Website, register to it and utilize the Services provided by ARES ART through it.

In particular, the User represents and warrants to be a “consumer” according to the applicable laws and regulation and to purchase the artwork available on the Website exclusively for personal use. The User hereby further represents and warrants to have the power to purchase the artworks according pursuant to the conditions set forth under these General Terms.

The registration, access and use of the Website and the Services by the User represent express acceptance of the General Terms.

ARES ART expressly recommends to the User to not use the Website and relevant Services if the User does not intend to accept the General Terms and/or any note, legal information or disclaimer published on the Website.

2.- Amendment of General Terms

At any time, ARES ART shall be entitled to amend and/or modify, in whole or in part, these General Terms and each of the notes, legal information and documents recalled by it, included the privacy policy of the Website (hereinafter “Privacy Policy”).

ARES ART strongly recommends the Users to periodically verify these General Terms, provided however that ARES ART shall adopt all necessary measures to inform the Users about the amendments and modifications occurred to the General Terms.

All changes to the General Terms will take effect upon the publication on the Website and shall be considered as accepted by the User that continues to use the Website and the Services.

ARES ART strongly recommends the Users that do not accept the amendments and/or modifications to the General Terms to spot to use the Website and Services. In particular, in such case Registered Users (as hereinafter defined), may also proceed to cancel their Profile by writing to info@arescontemporary.com with object “Profile cancellation”.

3.- Age

Upon registration to the Website, the User represents and warrants to be 18 or older and to have the legal capacity to use the Services.

The User represents and warrants that the all-personal data provided while registering to the Website are true, correct, updated and referred to the User. The User shall undertake to update such information and data in case of variation. The User shall be responsible for the information provided upon registration to the Website.

4.- Registration

The access and use of certain Service provided through the Website are freely available to all Users.

In order to use all Services provided through the Website, it is required the registration to the Website.

4.1.- Registration procedure

The registration (“Registration”) requires the User to provide certain personal information, including a valid e-mail, in order to create a personal account (“Profile”) and permit ARES ART to have sufficient information to supply the Services.

At any time, the User that has completed the Registration (“Registered User”) can access to his/her personal Profile in order to update or amend the information provided upon Registration, including those information concerning his/her preferences. It hereby understood that the Registered User shall be the sole responsible for the truthfulness and update of such information.

In case the User should not complete the Registration after having provided his/her e-mail, ARES ART may send to the User a limited number of e-mails inviting the User to complete the Registration and describing the Services provided through the Website.

At any time, the User can cancel the data provided upon the registration procedure by writing at info@arescontemporary.com with object “Profile cancellation”.

4.2.- E-mail

The User hereby represents and warrants that the e-mail provided upon Registration is valid and to access regularly to it.

Should the Registered User vary the e-mail provided upon Registration, the Registered User undertake to update it as soon as possible. ARES ART reserves the right to cancel, without any prior notice, Profiles linked to e-mail addresses belonging to other persons different from the Registered User or linked to temporary e-mails. U-Art reserves also the right to request the Registered User to confirm the e-mail address provided.

4.3.- Right of cancellation

At any time, the Registered User can cancel his/her Profile writing to info@arescontemporary.com with object “Profile Cancellation”.

5.- Service of purchase of artworks

5.1.- Images

Images, illustrations and videos of artworks published on the Website are for illustration purposes only. For accurate description of any item, the Users needs to read the corresponding written description. The quality of the published images, illustrations and videos, including color variation, as shown on the Website will depend on many factors – including User’s display settings and software. ARES ART is not responsible for the accuracy of any artwork displayed on the Website and disclaims all liability in this regard.

5.2.- Price

The prices are, unless stated otherwise, in Euros.

Except where otherwise set out in these General Terms, the price payable by the User for the artworks is the price given by the Website at the time the User places the purchase order

5.3.- Purchase procedure

5.3.1.- Purchase order

The purchase of artworks published on the Website are subject to the condition that ARES ART has confirmed the availability of the selected artwork and that the payment has been received.

In order to send a purchase order, the User shall provide all necessary information required for the payment and the delivery of the selected artwork(s).

Prior to confirm the purchase order, the User can correct and amend any error on the order acknowledgment page. After sending the purchase order, the User will receive an e-mail confirmation that contains details of the purchased artworks, the total costs of the order including delivery and an order number. Please note that the e-mail confirmation is simply an acknowledgement that User’s order has been received by ARES ART; it does not indicate that ARES ART have accepted User’s order and does not form a binding contract.

5.3.2.- Order acceptance

Without prejudice to paragraph 6.3.3 below, upon submission of a purchase order, the condition subsequent tied to the sales contract between the User and ARES ART is lifted in case:

– The entire purchase procedure has duly completed without any error messages from the Website;

– The User has received an e-mail stating availability of the selected artwork and the order acceptance.

All details of the purchase order and acceptance are available also on the User’s Profile.

5.3.3.- Cancellation of purchase order

ARES ART shall be entitled to not accept or cancel the purchased order submitted by the User, without providing any motivation. In particular, purchased order may not be confirmed in case:

– The User does not proceed with the payment of purchase price with the payment terms;

– The selected artwork is not available;

– ARES ART has right to believe that the selected artworks are purchased by the User for commercial/professional use.

5.3.4.- Payment

Upon acceptance of the purchased order, the purchase price shall be charged on the User according to the following condition:

– In case the User has chosen to pay by credit card, the purchase price and relevant costs detailed on the order acknowledgment e-mail shall be charged immediately.

Should ARES ART do not receive the payment within the terms indicated here below, ARES ART shall be entitled to refuse the purchase order.

5.3.5.- Execution of the purchase order

Upon order acceptance, purchased artworks are delivered within the estimated delivery date indicated in the order acknowledgment e-mail and at the latest within 30 (thirty) days from the receipt of the order acceptance e-mail.

ARES ART shall be in charge to deliver the purchased artworks. The service is organized in order to meet the estimated delivery date, however there are times where confirmed delivery date will be different. In no event ARES ART is responsible of late delivery if the purchased artworks are delivered within 30 (thirty) days from the date of the order acceptance e-mail.

In case of unavailability of selected artwork(s), ARES ART will promptly notify the User and reimburse the User the price of the artwork and the delivery fees paid within 14 (fourteen) days by using the same payment method chosen by the User.

5.3.6.- Delivery

Professional vendors will be in charge to deliver the purchased artworks to the Users. For this, ARES ART will drop artworks off with transport service providers.

All artworks will be shipped from Italy.

Artworks will be delivered to the delivery address specified by the User in the purchase order. Delivery is to the ground floor front door of the building and does not include any assembly or unpacking services. Floor delivery and unpacking services have to be requested before placing the order and may implies extra-costs, if available.

ARES ART will not be responsible for incomplete, incorrect or inaccurate information provided in the purchase order for the delivery of purchased artworks. ARES ART will not be responsible for any damage occurred to the artworks after the delivery by the carrier to the User as well as for any late shipment.

Delivery documents given by the carrier to the User, signed by the User, represent a proof of delivery of the artworks.

Upon delivery of artworks, the User shall check the condition of the packing and examine the artwork. The User will be asked to sign the delivery documents confirming that the delivery has taken place, that artworks are delivered “free of damage”. If there are obvious damage or artwork are missing or incorrect, the User should refuse the delivery or record this on the delivery documents. In addition, no later than 7 (seven) days from the date of delivery, the User should also notify it to the professional vendor and, by writing to administration@arescontemporary.com

5.3.7.- Shipping costs

Shipping costs and time of delivery may vary on a country basis

Shipment and delivery costs shall be charged on the Customer in advance, at the time of acceptance of the Order, prior to sending the Order Confirmation.

6.- Withdrawal policy

The Customer has the right to revoke, by email to administration@arescontemporary.com the order within (14) fourteen Business Days from the order date. The Customer shall pay for the return of the goods.

The User shall send back the artworks to ARES ART. In particular:

– The User shall send back the artwork by and not later than 14 (fourteen) days from the date of delivery of the artwork. The deadline shall be met if the User sends back the artwork before such period has expired.

– The User undertakes to take all necessary care in preserving and packing the artwork and send it back by using the same packaging. Integrity and absence of any damage of the artwork sent back by the User constitute an essential condition to the valid exercise of the right of withdrawal. ARES ART will not accept damage artworks.

– By sending the artwork back, the User enclose the invoice and/or transport document or any other document that proves the date of delivery.

– Delivery risks are borne by the User.

– Fees and costs of delivery shall be borne by the User.

Upon the exercise of the right of withdrawal according to the paragraphs above, ARES ART shall proceed to reimburse the purchase price paid by the User, by using the same payment method chosen by the User.

ARES ART will indicate by email the shipping address in Italy for the return of the artwork

Without prejudice to the following paragraph, no additional cost shall be charged on the User for the reimbursement of the purchase price.

ARES ART may withhold the reimbursement until has received the artwork back.

7.- Liability

ARES ART will not be responsible for incomplete, incorrect or inaccurate data or information published on the Website as well as for any technical fault or manifest error.

Sale contracts are entered into by and between the User and ARES ART.

ARES ART will not be responsible for any damage due to interruption of the Services provided through the Website and resulting from any malfunctions, breakdowns delays of access to the internet or defect in any reception equipment or line of communication not under ARES ART’s control or due to software and tools used by the User who connects to the Website.

ARES ART will not be responsible for any content published on third party links available on the Website (“Link”). In case the User decides to visit any Link, he/she will alone be responsible for any damage he/she may suffer.

8.- User’s obligations

The User shall undertake to use the Services exclusively for personal use.

The User shall undertake to not use the Website and the Services for illegal scope or not according to the present General Terms. The User shall not use the Website and the Services in such a manner that may prejudice or interfere with the use of the Website and the Services by other Users.

The User shall further undertake to not use software, algorithms or other features that create or open link to third party webpages or that require single person or groups of people to access to third party webpages.

The Registered User is responsible to protect his/her access code to his/her Profile on the Website and to keep them secret. In case of loss or disclosure to third parties, the User shall undertake to promptly notify it to ARES ART by sending an email to info@arescontemporary.com, ARES ART shall not be responsible for any damage, cost or loss suffered by the User in case of fraud or any other unauthorized use of User’s access code by third parties.

The User undertakes to use the Service in accordance to the present General Terms and to applicable laws and regulation. In addition, the User further undertake to not violate third party rights or use the Service in an inappropriate manner.

9.- Interruption of the Services

In case the User breaches his/her obligations provided under Article 8 (“User’s obligation”) and Article 10 (“Intellectual property rights”), ARES ART shall be entitled to cancel User’s Profile with prior written notice.

Access to the Website may be temporary interrupted in case of technical problems or for maintenance reasons. Whenever possible, ARES ART shall promptly notify to the Users of such interruptions.

At any time, ARES ART may update, amend or improve the Website and the Services even in order to correct any error or to comply with applicable laws and regulations.

ARES ART shall have the right to terminate, in whole or in part, to provide the Service by giving prior notice to the Users in order to permit them to complete the execution of the purchase order submitted. In such case, ARES ART shall notify the termination of the Service to the Users by e-mail and publishing such notice on the Website.

10.- Intellectual Property Rights

ARES ART is the exclusive owner of, or in any case has the right to use, all distinctive signs (trademarks, trade names, etc.) published or used on the Website.

All texts, works, illustrations, Artworks, and images reproduced or depicted on the Website are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world. In addition ARES ART exclusively retains ownership of all rights title and interest in and to (all intellectual property rights of) the Website on which the service is made available, including but not limited to contents, tests, design, (including infrastructure). There Users are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, translate, market, integrate, utilize, combine or otherwise use, in whole or in part ARES ART IP without the prior written notice of ARES ART, except as necessary to use the Service.

Any use of the Website for different purposes or manner will be considered as a breach of the User’s obligation provided under this Article.

ARES ART reserves the right to prosecute any infringement of its intellectual property rights.

11.- Privacy Policy

Information and data provided by the User in order to use the Website and relevant services are processed by ARES ART according to the applicable laws and regulation as stated under ARES ART’s “Privacy Policy”.

12.- Final provisions. Applicable law and place of jurisdiction

In the event that one or more of the terms set out in these General Terms are held to be invalid or declared as such under applicable laws and regulations, other provisions shall remain in full force and scope.

The courts in Lugano shall have exclusive jurisdiction.

Lugano, 19 December 2019 / Version 1