terms of use

By simply accessing and using the website www.artfriendly.net (hereinafter referred to as the “SITE”) of ARTFRIENDLY SPRL , a private limited company under Belgian law, (hereinafter referred to as “ARTFRIENDLY”), the person visiting the SITE (hereinafter referred to as the “USER”) declares to have read and accepted the terms of use.

Preamble

The present terms of use apply to the public sections of the SITE. The public section encompasses all pages accessible to any USER without prior identification and registration, allowing the USER, for instance, to visit the online gallery and acquire artworks for private use.

The present terms of use do not apply to the B2B Interface, which allows professional distributors to buy artworks in order to sell them to their customers. Specific terms of use apply to the B2B Interface.

1 – Legal Information

ARTFRIENDLY SPRL
Private Limited Company under Belgian Law
Capital : 20.000 €
VAT n°: BE.0806.500.065
Legal Address : 15, rue Fernand Bernier, B-1060, Brussels, Belgium
Email : .

The website is hosted by All2All - Moving Art Studio
The secured payments platform is provided by Ogone and Europabank

2 – Information presented on the SITE

ARTFRIENDLY takes care of the quality of its SITE, both in terms of content and navigability. All means at its disposal are used in order to offer accurate and up-to-date information to USERS.

However, ARTFRIENDLY cannot guarantee the absence of any error or omission. ARTFRIENDLY has the right to modify, correct or remove any information or price proposed on the SITE at any time and without prior notice. Consequently, ARTFRIENDLY may interrupt, at any time and without prior notice, access to parts or to the entirety of the SITE.

3 – Responsibility

Except in the case of serious or intentional mistake, ARTFRIENDLY is not responsible for direct or indirect damages of any nature (including the loss of profits, additional expenses to find an equivalent product or service, or loss of opportunity) caused to the USER by the use of the SITE or by the impossibility of using the SITE, for any reason whatsoever. The USER uses the SITE at his/her own risk.

ARTFRIENDLY is not responsible for direct or indirect damages caused by viruses which may be transmitted despite the protection measures in place. ARTFRIENDLY is not responsible for direct or indirect damages caused by the interruption of access to the SITE due to connection problems, issues on the communication networks or any case of force majeure.

The USER is committed to keeping secret the password used to access his/her customer account. Any use of this confidential information falls under the responsibility of the USER. In case of loss, theft or suspicion of abuse of this confidential information, the USER should immediately inform ARTFRIENDLY.

4 – Accessibility

Within the limits of its available means and taking into account the restrictions defined under Article 3, ARTFRIENDLY will make every effort to have its SITE accessible 7 days a week and 24 hours a day.

However, ARTFRIENDLY cannot guarantee to provide continuous and uninterrupted access to the SITE. ARTFRIENDLY has the right to interrupt access to the SITE, at any time and without prior notice, in case of misuse, risk of misuse, fraud, risk of fraud, but also in order to undertake maintenance operations, upgrades or modifications to the SITE. ARTFRIENDLY will strive to limit the duration of such interruptions.

Without prejudice to its right to claim for damages, ARTFRIENDLY has the right to forbid, at any time and without prior notice, access to the SITE by any USER in case of illicit and/or potentially prejudicial behaviour, for instance, in the case of non-respect of the present terms of use, non-respect of the general conditions of sale, use of the SITE for illegal or immoral purposes, or use of the SITE affecting the integrity, security or reputation of the SITE.

5 – Rights

ARTFRIENDLY has all rights reserved without any geographic limitation. This protection covers, for instance, intellectual property of the SITE and all its content. The photographs, content, texts, the artworks, logos, models, design, videos and IT system are non–exclusive examples. Each one of these elements is protected by specific rights and legislations, such as, for instance, intellectual property laws, international trademark registrations, and trade and free competition regulations.

The USER is authorized to access the public pages of the SITE on a temporary and non-exclusive basis. Access to all other sections (B2B Interface, Logistic Interface and Administration Interface) is limited to authorized USERS only and is governed by specific terms of use.

The use of the SITE by a USER does not entail any cession of rights to the USER, for instance, the cession of any intellectual property. The USER is only authorized to access the SITE, view its content and use the proposed products and services in a normal manner, for a personal purpose and in accordance with any applicable law, even if more restrictive.

It is forbidden to extract and/or use any element of the SITE, by any means and for any purpose, without the prior and written consent of ARTFRIENDLY. This limitation applies to the reproduction, representation, use, modification, integration, translation, distribution of the SITE and of any of its components.

By accepting the terms of use of the SITE, the USER renounces any right of use (reproduction, communication...) related to intellectual property laws, for instance, the Belgian law of June 30th, 1994.

The conditions applying to the online purchase of artworks and products on the SITE are defined by the general conditions of sale. The purchase of artwork falls also under the law on intellectual property, limiting the rights of the buyer to the ownership of the object and protecting the intellectual property of the work for the artist.

6 – Hyperlinks

The insertion in a third party's websites of a hyperlink to reach www.artfriendly.net or access any pages of the SITE is subject to prior and written consent of ARTFRIENDLY.

ARTFRIENDLY is not responsible for the hyperlinks to its SITE placed on third party websites, nor for the content of these third party websites. ARTFRIENDLY does not check nor own the content of these third party websites. In addition, ARTFRIENDLY is not accountable for the content of third party websites accessible via hyperlinks placed on its SITE. The use of these third party websites falls under the sole responsibility of the USER, who acknowledges that the use of these websites may be governed by other terms of use, other general sales conditions and other privacy policies than those applicable to this SITE. ARTFRIENDLY is not accountable for the respect of the laws by these third party websites.

7 – Absence of guarantees

ARTFRIENDLY acts for the quality of its SITE, both in terms of navigability and of security. However, ARTFRIENDLY is not responsible for interruptions of sessions, bugs, delays, incompatibilities or technical errors. ARTFRIENDLY is not accountable for any virus or application that might damage the USER's computer or might allow any malicious person to access the data contained in the USER's computer. The USER alone is responsible for the suitable protection of his/her computer as well as for the back-up of data.

8 – Use of the SITE

In accordance with the present Conditions, YOU must be at least 18 years old, and legally able in order to contract and use the SITEin accordance with the present terms of use. The USER guarantees the truth and accuracy of any information provided to ARTFRIENDLY via its SITE.

The SITE is available in French and English, The language of the SITE depends on the language set on USER's web browser. The default language is English if the language set in the browser is not one of the 2 available languages. The USER can change the language by clicking the appropriate link in the navigation bar.

9 –Privacy statement and Personal Data

In respect of the Belgian law of December 8, 1992 concerning privacy protection as well as the terms of execution of this law, ARTFRIENDLY respects the privacy of the USER as well as of any other private person involved (e.g. the beneficiary of a gift voucher purchased on the SITE).

ARTFRIENDLY collects personal information via its SITE, for instance by offering the USER the possibility to register on the mailing list or by requesting personal information during the online purchase process. The information collected and communicated by the USER to ARTFRIENDLY can be electronically processed to communicate with the USER (e.g.: newsletters), to handle and ship orders and to secure online payments. The USER agrees that any information can be communicated to third parties used by ARTFRIENDLY to perform parts or the totality of the operations specified above. The USER also agrees that his/her personal information can be used by ARTFRIENDLY to compile statistics concerning the use of its SITE and in order to improve or adapt its content. This information can, consequently and exclusively for the aforementioned purpose, be communicated to public agencies or private companies.

The USER allows ARTFRIENDLY to collect and process any personal information according to the conditions specified above. In accordance with the Belgian law of December 8, 1992 concerning privacy protection, the USER can request to access, modify, complete, correct or remove his/her personal information from the database for free. The USER can also, on simple request and free of charge, forbid the processing of personal data for direct marketing purposes.

Any USER subscribing to the mailing list accepts to receive emails or promotional messages from ARTFRIENDLY.
On simple request, the USER can, at any time and free of charge, ask to be removed from the mailing list.

Any request concerning the subjects described above should be sent to:

Artfriendly SPRL
15, rue Fernand Bernier
1060 Bruxelles
Belgium

The information provided by ARTFRIENDLY to the USER should not be shared with any third party. The USER is accountable for the use, by third parties, of information provided by the USER to this third party without prior and written authorisation by ARTFRIENDLY.

10 - Cookies

In order to improve the service provided to the USER, files or cookies might be tracked in some pages of the SITE. A cookie is a file which collects and records information regarding the profile or the behaviour of a USER visiting the SITE. Managed with software installed on the server hosting the SITE, the tracking files are saved on the USER'S hardware for a maximum of 12 months. The cookies are analysed out of the server when the USER is connected to the SITE. The cookies used by the SITE are meant to customise the sessions according to the USER'S profile or centre of interest. The use of the SITE by the USER implies agreement on the use of cookies by ARTFRIENDLY.

The data collected in the cookies can also be used by ARTFRIENDLY to compile statistics concerning the use of its SITE and to improve or adapt its content. The use of the SITE by the USER also implies agreement to this type of treatment.

Most web browsers are by default configured to accept cookies. However, the USER can configure his /her browser so as to be informed of cookies and be given an option to accept them or not. However, ARTFRIENDLY can't guarantee the USER access to its website if the USER refuses cookies.

11 – Data Security

The personal data (excepted the banking data) provided by the USER to ARTFRIENDLY are stored on the secured servers of Moving Art Studio, hosting the SITE. The access to this information is protected and is strictly restricted to registrations, order handling and customer communication.

The online payment process is secured. The input of the personal banking information is done by the USER directly on the servers of OGONE Payment Services. The USER's data circulating on the web are encrypted (SSL technology, Secure Socket Layer) and cannot be intercepted. ARTFRIENDLY has no access to the USER's banking information.

12 – Rules applicable and disputes

The present terms of use are applicable to the USER during the entire session on the SITE. ARTFRIENDLY has the right to update and/or modify the terms of use of the SITE at any time, without notice. The USERS are informed by visiting the SITE. The applicable terms of use are those present on the site at the time of connection by the USER. Nevertheless, ARTFRIENDLY can update and/or modify the terms of use of the SITE during a session and make reference to the new terms of use in case of dispute.

The legal nullity of a specific clause of these terms of use has no effect on the validity, scope nor compulsory aspect of the remaining clauses.

The use of the SITE as well as the present terms of use are subject to Belgian law.
Any dispute relating the present terms of use falls within the competence of the jurisdictions of the judicial district of Brussels (Belgium) and of the Justice of the Peace of the First Canton of Brussels, subject to cases where courts of competent jurisdiction would be indicated by the regulation, imperative or lawful dispositions of public order.

Last update: March 13, 2009