General Terms and Conditions
Date of entry into force: 12/12/2019
For the use of the website www.speedarting.com
1. OBJECT
2. WEBSITE OPERATOR - CONTACT
The Webste is operated by Speed Arting – Nathalie Buck whose head office is located at 6 Chemin de la Milice, 1228 Plan-les-Ouates, Switzerland (hereinafter: “Speed Arting”). Speed Arting can be contacted at the following coordinates, in particular for any complaint: Postal address: Rue des Voisins 8, 1205 Geneva, Switzerland
Telephone: +41 (0) 76 489 86 58
Email address: info@speedarting.com
3. ACCESS TO THE WEBSITE AND SERVICES - DELIVERY TERRITORIES
3.1 Legal capacity
The Site and the Services are accessible:
– To any natural person who is at least 18 years old and has full legal capacity to commit under these general conditions. Natural persons who do not have full legal capacity may only access the Site and the Services with the agreement of their legal representative.
– To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
3.2 Territories of deliveries
The works are offered for sale and can be delivered:
– in Switzerland and,
– in the European Union for any work whose value is less than CHF 1,000.
4. ACCEPTANCE OF THE GENERAL CONDITIONS
5. REGISTRATION ON THE WEBSITE
5.1. Registration
Registration as a User requires filling out the form provided for this purpose on the Site. The User must provide all of the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically opens an account in the name of the User (hereinafter: the “Account”), giving him access to a personal space which allows him to place orders and manage his use of Services on the Site (hereinafter: the “Personal Space”).
Speed Arting may also ask the User to provide it with any additional document or information necessary for the implementation of sales and / or Services. The User undertakes to provide him with these documents and information as soon as possible.
5.2. Information
The User guarantees that all the information he provides to Speed Arting is accurate, current and truthful and is not tainted by any misleading character.
He undertakes to update this information in his Personal Space in the event of modifications, so that it always corresponds to the abovementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating their Account is proof of their identity. The information entered by the User commits him upon validation.
The User can access his Personal Space at any time after logging in using his login and password. He is solely responsible for maintaining the confidentiality of his username and password, any access to the Site using these being deemed to be carried out by the User. He must immediately contact Speed Arting at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes that Speed Arting has the right to take all appropriate measures in such a case.
6. IMPLEMENTATION OF ONLINE SALES
The Site makes it possible to put Artists and Users in touch with each other for the purpose of selling their Works by the former to the latter, according to the methods described below. This connection, as well as the Services described in article 8, are provided in a form and according to the functionalities and technical means that Speed Arting deems most appropriate.
6.1 Identification of Sellers and characteristics of Products
The Works are offered for sale by the Artists identified on the Site, Speed Arting ensuring the intermediation between Artists and Users. The User can read the characteristics of each Work on the Site that they wish to order. The reproductions and descriptions of the works offered for sale online are as precise as possible. They engage the Artists only for what is specifically indicated.
6.2 Order of a Work by the User
The works are offered for sale by the artists subject to their availability.
To place an order, the User must select the Works of his choice and place them in his basket. He can select Works from different Artists in the same order. He is however expressly informed and accepts that the purchase from each Artist is subject, from a legal point of view, to a separate sales contract.
The User can access the summary of his basket at any time as long as the order is not definitively confirmed and can correct any errors in the elements entered. He is informed, in this summary, of the possible delivery costs relating to his order, depending on his delivery address. He can then validate his order.
At the end of their order, the User receives an acknowledgment of receipt by email.
Speed Arting then informs the Artist of the order and checks with him that the Work is still available. The Artist must respond to Speed Arting within two working days. In the absence of a response from him, the Work is deemed to be no longer available.
If the Work is unavailable, Speed Arting informs the User, whose order is then canceled. The User will be reimbursed for the price of their order as soon as possible and at the latest within 14 (fourteen) days of cancellation.
The period for informing the User of the availability or unavailability of the Work may be suspended in the event that the Artist has informed Speed Arting of his absence. Speed Arting will then inform the User as soon as possible, by any useful means.
If the Work is available, Speed Arting sends the User an order confirmation email which constitutes the final validation of it and:
(i) summarizes the elements of the order and the deadline for delivery,
(ii) includes the general conditions applicable to the order.
The User must ensure that the contact details he has given when ordering or updating his Account are correct and that they allow him to receive emails confirming receipt, cancellation and / or confirmation of his order. In the absence of receipt of these, the User must contact Speed Arting at the contact details mentioned in article 2.
Speed Arting recommends that the User keep the information contained in the order confirmation. The order and its confirmation are considered as received when the parties to which they are addressed can have access to it.
6.3 Price and terms of payment for the Work by the User
6.3.1 Sale price
The sale prices of the Works are displayed on the Site. They are indicated in Swiss francs or euros, excluding Swiss value added tax (VAT). The latter is calculated in the User’s basket.
The applicable prices are those displayed on the Site at the time of the order.
The sale prices of the Works do not include the applicable delivery costs, billed in addition to the price of the Works purchased. The amount of the applicable delivery costs will be indicated before the validation of the order by the User.
Please note: For deliveries to countries outside Switzerland, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the User, in addition to the price paid on the Site. These duties and taxes, of which Speed Arting cannot determine the exact amount in advance and of which it cannot therefore inform the User before placing an order, remain the responsibility of the User, who is solely responsible for the voucher completion of any declarations and / or formalities relating thereto.
6.3.2 Payment terms
Unless otherwise stated on the Site, the full price of the Works is payable when ordering. Payment of the price can be made online:
– through the Stripe secure online payment services offered by Speed Arting on its site,
– or by any other means which will be offered on the Site at the time of the order.
The User guarantees that he has the necessary authorizations to use the chosen payment method.
Speed Arting reserves the right to suspend or cancel any order and / or delivery, in the event of non-payment of any sum that would be due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site. Penalties equal to one and a half (1.5 times) the Swiss legal interest rate are automatically applicable to the unpaid amounts upon notification of the rejection of bank payment.
6.3.3 Retention of title
Each Artist retains full ownership of the Works they have sold until their price has been received in full.
6.4 Delivery
6.4.1 Delivery terms
Deliveries of the Works are made to the address indicated when ordering the User as “delivery address” (which may be different from the billing address) and within the period indicated in the order confirmation email. .
If the customer is not on site at the time of delivery and if he has not given specific instructions for delivery, the goods are left at the door of the house or apartment, or at the reception or in front of the entrance to the company. The ordered goods can be handed over to a neighbor living in the same building, if the customer has mentioned his address and telephone number in the “Optional information” section of his customer account before ordering. Since the customer’s mailbox belongs to a mailbox system, the delivery person will deposit a withdrawal notice in the mailbox. The customer will then have to collect the delivery from the corresponding post office.
For these deliveries by Swiss Post which require a signature or proof of distribution, the User has the possibility of granting a distribution authorization valid only once on the Swiss Post website.
The customer assumes responsibility for the products delivered, even if he himself did not receive them.
6.4.2 Failure in delivery and refunds
In the absence of delivery within the above period, the User may resolve the order, by registered letter with acknowledgment of receipt or in writing on another durable medium sent to Speed Arting for the purpose of transmission to the Artist, if, after ordering the latter, through a request addressed to Speed Arting according to the same terms, to make delivery within a reasonable additional time, the Artist did not perform within this time.
The contract is considered to have been terminated on receipt by Speed Arting of the letter or written notice informing it of this resolution, unless the Artist has performed in the meantime.
In the event of termination of the contract in accordance with the above terms, the User will be reimbursed for the full amount he has paid, including delivery costs, at the latest within fourteen (14) days from the date to which the contract will have been terminated.
Speed Arting reserves the right in any event to approach the User in order to offer him alternative solutions for reimbursement of the price of the Works and delivery costs. The User must express explicitly and on a durable medium his acceptance of the choice of an alternative reimbursement method.
When the User’s order relates to the Works of several Artists, each purchase from a given Artist constituting a separate sales contract, termination in the event of failure to deliver within the period announced shall be exercised in the same manner as above, Artist by Artist.
6.5 Right of withdrawal
The User has a period of 14 (fourteen) calendar days from the date of receipt of the ordered work to retract without having to justify reasons or pay penalties. Unless otherwise stated in the indications concerning the delivery of the work, the return shipping costs are borne by Speed Arting. The User who wishes to exercise his right of withdrawal must send Speed Arting to the contact details mentioned in article 2 hereof, before the expiration of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing its will to retract and including the identification of the Work and the Artist concerned. Speed Arting will transmit the form or declaration without delay to the Artist in question and will provide the User by email with the Artist’s contact details and the repackaging requirements for the work, for the purpose of returning the Work. The Work must imperatively be returned directly to the Artist concerned, in its original packaging, without excessive delay and at the latest within 7 (seven) calendar days following the communication, by the User, of his will to retract. It must be accompanied by a copy of the corresponding purchase invoice and the certificate of authenticity. The User is held responsible in the event of deterioration of the Work upon his return to the Artist. The Artist must inform Speed Arting of the receipt or non-receipt of the Work. In the absence of information within the period of 14 (thirty) calendar days following the communication, by the User, of his will to retract, the Work will be deemed to have been effectively recovered by the Artist. The User will be reimbursed as soon as possible of the full amount paid for his order. Speed Arting however reserves the right to defer this reimbursement until the Artist has effectively recovered the Works or to reimburse only part of the amount paid if it is proven that the User is responsible for damage on the Work. When the User’s order relates to the Works of several Artists, each purchase from a given Artist constituting a separate sales contract, the right of withdrawal is exercised according to the same terms as above, Artist by Artist. In the context of an order for a work made specifically by the artist at the client’s request, the signing of the delivery slip constitutes waiver of the right of withdrawal.
6.6 Legal guarantees
The Artists undertake to respect and implement the legal guarantees from which the Users benefit, namely the guarantee of non-conformity, as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Works.
If the User finds that the Work delivered to him presents a defect, a defect of conformity or is damaged, he must inform Speed Arting at the coordinates mentioned in article 2 hereof, indicating to him the nature of the defect , of the non-conformity or of the damage found and by sending it all useful supporting documents, in particular in the form of photograph (s). Speed Arting will inform the Artist concerned without delay and will provide the User by email with the latter’s contact details for the purpose of returning the Work.
Speed Arting will organize with a carrier the terms of the return, of which it will inform the User and the Artist by any useful means. Speed Arting will bear the costs of this return.
The work must be returned to the artist in its original packaging. It must be accompanied by a copy of the corresponding purchase invoice and the certificate of authenticity.
Returns of works not respecting the methods described above cannot be taken into account.
The Artist will have to carry out the necessary verifications and propose to the User the restoration or replacement of the Work as far as possible. If restoration or replacement of the Work is impossible, the User will be reimbursed the full price paid for this Work as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) calendar days following the date on which the Artist has informed the User and Speed Arting of the impossibility of restoring or replacing the Work.
It is recalled that, when acting as a legal guarantee of conformity, any consumer:
– has a period of two years from the delivery of the goods to act;
– can choose between repairing or replacing the goods;
– is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following its delivery.
It is also reminded that the legal guarantee of conformity applies independently of any commercial guarantee possibly granted.
Any consumer can also decide to implement the guarantee against hidden defects in the thing sold.
When the User’s order relates to the Works of several Artists, each purchase from a given Artist constituting a separate sales contract, the legal guarantees apply according to the same terms as above, Artist by Artist.
7. SERVICES FOR THE BENEFIT OF USERS
7.1 Video-conference service between Artists and Users
Users benefit from a video conference service with Artists under the following conditions:
– The video conference is organized between the User and the Artist from whom the User purchased a work of art.
– The User obtains the right to videoconference with each Artist from whom he has purchased a Work even if several works are ordered in the same order.
– The video conference is organized after the User’s 14 day withdrawal period.
– The User chooses a date and time from the Artist’s availability sent to him by email.
– The User accepts that the video conference will be recorded for legal purposes in the event of disputes.
– The User undertakes to maintain respectful and polite behavior towards the Artist who makes the same mutual commitments.
– The duration of the video conference is limited to 30 (thirty) minutes, but Speed Arting leaves the discretion of the Artist to extend the discussion beyond 30 (thirty) minutes.
– The recording of the video conference is kept for two years without any public broadcast or sharing.
– Speed Arting reserves the right to use the technological means deemed appropriate to the Site for the organization of the video conference.
7.2 Other services
Regardless of the possibility of purchasing Works according to the methods described above, Users benefit in particular from the following Services:
– They can subscribe to the Speed Arting newsletter,
– They can follow Artists and select Works from their “wishlist”,
– They can come and attend events organized by Speed Arting
– They can register for courses organized by Speed Arting
Speed Arting reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate.
8. SERVICES PROVIDED FOR FREE
9. OBLIGATION OF USERS
Without prejudice to the other obligations provided for herein, Users agree to comply with the following obligations.
9.1 Professional
The User, if he has the quality of professional, is solely responsible for the implementation of the resale right if he decides to proceed to the resale of the Work later.
9.2 Information provided to Speed Arting
The User is solely responsible for the accuracy, completeness and updating of the information he provides to Speed Arting for the purpose of implementing the Services, in particular his contact details.
9.3 Content
When the User has the possibility of distributing content, whatever its nature (editorial, graphics, audio, audiovisual or other, including the name and / or the image possibly chosen by the User for the identify on the Site, hereinafter referred to together: the “Contents” as part of the Services. He is solely responsible for these Contents.
It guarantees Speed Arting that it has all the rights and authorizations necessary for the dissemination of this Content.
He undertakes that said Content is lawful, does not infringe public order, accepted principles of morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way liable to jeopardize Speed Arting’s civil or criminal liability.
The User thus refrains from distributing, in particular and without this list being exhaustive:
– Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, xenophobic or revisionist,
– Counterfeit Content or constituting a plagiarism of an already existing Work,
– Content that infringes the image of a third party,
– untruthful, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
– Content harmful to third party computer systems (such as viruses, worms, Trojans, etc.),
– and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.
9.4 Usage
The User agrees to make strictly personal use of the Site and the Services. He therefore refrains from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party, in any way whatsoever.
9.5 Measures
The User must take the necessary measures to save by his own means the information from his Personal Space which he deems necessary, of which no copy will be provided.
10. PROHIBITED BEHAVIORS
10.1 Use
It is strictly prohibited to use the Services for the following purposes
– the exercise of illegal, fraudulent activities or activities which infringe the rights or security of third parties,
– breach of public order or violation of applicable laws and regulations,
– intrusion into a third party computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party computer system, violate its integrity or security,
– sending unsolicited emails and / or prospecting or commercial solicitation,
– manipulations intended to improve the referencing of a third-party site,
– the use of the Site to disseminate information or links redirecting to a third-party site, help or encouragement, in any form and in any way whatsoever, for one or more of the acts and activities described above,
and more generally any practice diverting the Services for purposes other than those for which they were designed.
10.2
Users are strictly prohibited from copying and / or diverting the concept, technologies or any other element of the Speed Arting Site for their own purposes or those of a third party.
10.3
The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Speed Arting systems, (iii) any diversion of system resources of the Site, (iv) all actions likely to impose a disproportionate load on the latter’s infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and interests financial, commercial or moral of Speed Arting or the users of its Site, and finally more generally (vii) any breach of these general conditions.
10.4
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information which is hosted and / or shared there.
11. SANCTIONS AND BREACHES
12. SPEED ARTING LIABILITY AND GUARANTEE
12.1
Speed Arting undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which Users recognize and accept expressly.
12.2
With the exception of the Works and the presentation of the Artist in his Profile, Speed Arting is not aware of the Contents which may, if necessary, be posted by the Artists or the Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in which it only intervenes as a hosting provider.
Consequently, Speed Arting cannot be held responsible for the Content, the authors of which are third parties, any possible complaint must be directed in the first place to the author of the Content in question. Content harmful to a third party may be notified to Speed Arting.
12.3
Speed Arting acts as an intermediary in that it makes available to Artists and Users technical tools and means enabling them to enter into relationships for the purpose of purchasing and / or selling Works through the Site. Its responsibility is limited to the provision of these means, as described herein and the linking of Artists and Users. Speed Arting acts in its own name and does not pass any legal act in the name and on behalf of the Artists or the Users, who contract directly between them.
Speed Arting cannot in any case see its responsibility engaged in respect of difficulties that may arise during the conclusion or execution of these contracts, nor be a party to any possible disputes whatsoever between an Artist and a User concerning in particular guarantees , declarations and any other obligations to which the Artist or the User would be held.
However, in order to constantly improve the quality of the Services, Speed Arting invites Users to send it any comments and information they may wish to bring to its attention concerning the quality of transactions carried out through Services.
12.4
Speed Arting undertakes to carry out regular checks in order to verify the functioning and accessibility of the Site. As such, Speed Arting reserves the right to temporarily suspend access to the Site for maintenance reasons.
Likewise, Speed Arting cannot be held responsible for temporary difficulties or impossibilities of access to the Site which arise from circumstances external to it, force majeure, or which are due to disturbances in the telecommunications networks.
12.5
In any event, the liability likely to be incurred by Speed Arting hereunder is expressly limited to only proven direct damage suffered by the User.
13. INTELLECTUAL PROPERTY
14. PERSONAL DATA
15. ADVERTISING
16. THIRD PARTY LINKS AND WEBSITES
17. DURATION OF SERVICES AND REGISTRATION
17.1 Indefinite duration
The Services are subscribed for an indefinite period.
17.2 Unsubscribe
The User can unsubscribe from the Site at any time, by sending a request to this effect to Speed Arting by email, at the contact details mentioned in article 2.
This unsubscription is effective within a maximum period of 7 (seven) days from the request. It results in the automatic deletion of the User Account.
17.3 Reason
When the User’s unsubscription is due to his refusal to accept the modification of these general conditions as provided for in article 19, the general conditions previously accepted by the User will remain applicable to him until the date of taking effect of unsubscribing.
17.4 Termination
Speed Arting may terminate the User’s access to the Services, without having to justify a reason, by registered letter with acknowledgment of receipt, subject to one week’s notice.
18. MODIFICATIONS
19. LANGUAGE
20. APPLICABLE LAW AND JURISDICTION
Only Swiss law is applicable to these GTCS and to any disputes arising from or related to the relationship between Speed Arting and the User, excluding the provisions on conflicts of laws and the provisions of the United Nations Convention on contracts for the international sale of goods (CVIM).
In the event of a dispute over the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Geneva will be exclusively competent to judge, unless there are mandatory imperative rules of procedure.
APPENDIX - WITHDRAWAL FORM
Annex – Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of: Speed Arting – Nathalie Buck
6 Chemin de la Milice, 1228 Plan-les-Ouates, Switzerland
Email address: info@speedarting.com
I / we (*) hereby notify you (*) my / our (*) withdrawal from the contract relating to the sale below:
Seller (artist author of the work):
Work concerned:
Received on (*):
Name of User (s):
Address of the User (s):
Signature of the User (s):
(only in case of notification of this form on paper)
Date:
(*) Delete the unnecessary reference.