– PRIVACY POLICY –

 

Object

This Policy is established by © ART-NFT.GALLERY which is a WEB3 IP solution of CUBIZ4 srl (subsidiary of ARTECOM srl) whose head office is located at 43 rue du Trichon 5030 Gembloux - Belgium, registered in the Register of Legal Persons under the VAT number BE0889.088.934, represented by Vincent Parissis acting in his capacity as:

(hereinafter referred to as "the controller").

The purpose of this Policy is to inform visitors to the website hosted at https://bxl.art-nft.gallery/ (hereinafter referred to as the "Website") of how data is collected and processed by the data controller.

This Policy is part of the controller's desire to act transparently, in compliance with the law on the protection of individuals with regard to the processing of personal data of 30 JULY 2018 in order to bring national law into line with the European legal framework, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the "General Data Protection Regulation").

The controller pays particular attention to the protection of the privacy of its users and therefore undertakes to take reasonable precautions to protect the personal data collected against loss, theft, disclosure or unauthorised use.

Personal data" is defined as all personal data relating to the user, i.e. any information that allows the user to be identified directly or indirectly as a natural person.

If the user wishes to react to any of the practices described below, he or she may contact the data controller at the postal address or email address specified in the "contact details" section of this Policy.

 What data do we collect?  

  The data controller collects and processes the following personal data in accordance with the procedures and principles described below:

•  its domain (automatically detected by the controller's server), including the dynamic IP address ;
•  his or her e-mail address if the user has previously revealed it, for example by sending messages or questions on the website, by communicating with the controller by e-mail, by participating in discussion forums, by accessing the restricted part of the website with identification, etc. ;
• all the information concerning the pages that the user has consulted on the website;
  
• any information that the user has given voluntarily, for example in the context of information surveys and/or registrations on the website, or by accessing the restricted part of the website through identification.
  

The controller may also collect non-personal data. These data are called non-personal data because they do not allow the direct or indirect identification of a specific person. It may therefore be used for any purpose, for example to improve the website, the products and services offered or the advertising of the controller.

In the event that non-personal data are combined with personal data in such a way that identification of the data subjects is possible, such data shall be treated as personal data until it is impossible to link them to a specific person.

The controller collects personal data in the following ways:

• Contact form
  
• Survey questionnaire
  
• Customer area
  
• Eshop

Purposes of the processing

 Personal data are collected and processed only for the purposes mentioned below:

• to manage and control the delivery of the services offered;
  
• dispatch and follow-up of orders and invoices ;
  
• sending promotional information on the products and services of the controller;
  
• sending promotional information on the products and services of the controller;
  
• sending of promotional material ;
  
• answer the user's questions ;
  
• to improve the quality of the website and the products and/or services offered by the controller;
  
• to transmit information on new products and/or services of the controller;
  
• for the purpose of commercial prospecting;
  
• allow better identification of the user's interests.
  

The data controller may carry out processing operations that are not yet provided for in this Policy. In this case, it will contact the user before re-using his/her personal data, in order to inform him/her of the changes and give him/her the possibility, if necessary, to refuse this re-use.

 Legitimate interest

Some of the processing operations carried out by the controller are based on the legal basis of its legitimate interests. These legitimate interests are proportionate to the respect of the user's rights and freedoms. If the user wishes to be informed of the details of the purposes founded on the legal basis of legitimate interests, he/she is recommended to contact the controller (see point on "contact data").

 Shelf life

In general, the controller shall only keep personal data for as long as is reasonably necessary for the purposes for which it is to be used and in accordance with legal and regulatory requirements.

A customer's personal data is kept for a maximum of 10 years after the end of the contractual relationship between the customer and the controller.

At the end of the retention period, the controller shall make every effort to ensure that the personal data has been made unavailable and inaccessible.

Application of rights

For all the rights listed below, the controller reserves the right to verify the identity of the user for the application of the rights listed below.

This request for additional information shall be made within one month of the request being made by the user.

Data access and copying

The user may obtain free of charge the written communication or a copy of the personal data collected about him.

The user can obtain free of charge the written communication or a copy of the personal data collected about him.

Where the user submits this request electronically, the information shall be provided in a commonly used electronic form, unless the user requests otherwise.

Unless otherwise provided for in the General Data Protection Regulation, the user will be provided with a copy of his or her data no later than one month after receipt of the request.

 Right of rectification

The user may obtain, free of charge, as soon as possible and at the latest within one month, the rectification of personal data that are inaccurate, incomplete or irrelevant, as well as complete them if they are incomplete.

Unless otherwise provided for by the General Data Protection Regulation, the request for application of the right to rectification shall be processed within one month of its submission.

 Right to object to treatment

 The user may at any time, for reasons relating to his particular situation, object free of charge to the processing of his personal data, when

• the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  
• the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail (notably where the data subject is a child).
  

The data controller may refuse to implement the user's right to object when it establishes the existence of compelling and legitimate reasons justifying the processing, which override the interests or rights and freedoms of the user, or for the establishment, exercise or defence of legal claims. In the event of a dispute, the user may lodge a complaint in accordance with the "Complaints and claims" section of this Policy.

The user may also, at any time, object, without justification and free of charge, to the processing of personal data concerning him/her when his/her data is collected for commercial prospecting purposes (including profiling).

Where personal data are processed for scientific or historical research or statistical purposes in accordance with the General Data Protection Regulation, the user has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out in the public interest.

Unless otherwise provided for in the General Data Protection Regulation, the controller is obliged to reply to the user's request as soon as possible and at the latest within one month and to give reasons for its reply if it intends not to comply with such a request.

 Right to restrict processing

 The user may obtain the limitation of the processing of his/her personal data in the cases listed below:

• when the user disputes the accuracy of the data and only for as long as it takes for the controller to check it;
  
• where the processing is unlawful and the user prefers restriction of processing to erasure;
  
• when, although no longer necessary for the purposes of the processing, the user needs it for the establishment, exercise or defence of his legal rights;
  
• for the time necessary to examine the merits of a request for objection made by the user, in other words for the time necessary for the controller to check the balance of interests between the legitimate interests of the controller and those of the user.
  

 The controller will inform the user when the restriction on processing is lifted.

 Right to erasure (right to be forgotten)

The user may obtain the deletion of personal data concerning him/her, when one of the following reasons applies

• the data are no longer necessary for the purposes of the processing;
  
• the user has withdrawn his consent to the processing of his data and there is no other legal basis for the processing;
  
• the user objects to the processing and there is no compelling legitimate reason for the processing and/or the user exercises his specific right to object in relation to direct marketing (including profiling);
  
• the personal data have been processed unlawfully;
  
• the personal data must be erased in order to comply with a legal obligation (under Union or Member State law) to which the controller is subject;
  
• the personal data have been collected in the context of the provision of information society services to children.
  

 However, deletion of data is not applicable in the following cases:

• where the processing is necessary for the exercise of the right to freedom of expression and information;
  
• where the processing is necessary for compliance with a legal obligation requiring the processing laid down by Union law or by the law of the Member State to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  
• where the processing is necessary for reasons of public interest in the field of public health;
  
• where the processing is necessary for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes and insofar as the right to erasure is likely to make the achievement of the purposes of the processing in question impossible or seriously hampered;
  
• when the processing is necessary for the establishment, exercise or defence of legal claims.
  

Unless otherwise provided for in the General Data Protection Regulation, the controller is obliged to reply to the user's request as soon as possible and at the latest within one month and to give reasons for its reply if it intends not to comply with such a request.

 Right to « data portability »

The user may at any time request to receive free of charge his/her personal data in a structured, commonly used and machine-readable format, in particular with a view to transferring them to another controller, where :

• the data processing is carried out using automated processes; and where
  
• the processing is based on the user's consent or on a contract between the user and the controller.
  

Under the same conditions and in the same way, the user has the right to obtain from the controller that personal data concerning him/her be transmitted directly to another controller of personal data, provided that this is technically possible.

The right to data portability does not apply to processing which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 Recipients of data and disclosure to third parties

The recipients of the data collected and processed are, in addition to the data controller itself, its employees or other subcontractors, its carefully selected commercial partners, located in France or in the European Union, and who collaborate with the data controller in the context of the marketing of products or the provision of services.

In the event that data is disclosed to third parties for direct marketing or commercial prospecting purposes, the user will be informed in advance so that he/she can choose to accept the transfer of his/her data to third parties.

Where such transfer is based on the user's consent, the user may withdraw his or her consent at any time for this specific purpose.

The data controller complies with the legal and regulatory provisions in force and will ensure in all cases that its partners, employees, subcontractors or other third parties with access to this personal data comply with this Policy.

The data controller discloses the user's personal data in the event that a law, legal proceedings or an order from a public authority makes such disclosure necessary.

 The controller does not transfer personal data outside the European Union.

 Sécurity

The controller shall implement appropriate technical and organisational measures to ensure a level of security of the processing and of the data collected appropriate to the risks presented by the processing and the nature of the data to be protected. The controller shall take account of the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks to the rights and freedoms of users.

The data controller always uses encryption technologies that are recognised as industry standards within the IT sector when transferring or receiving data on the website.

The data controller has put in place appropriate security measures to protect and prevent the loss, misuse or alteration of the information received on the website.

In the event that the personal data under the control of the controller should be compromised, the controller will act promptly to identify the cause of the breach and take appropriate remedial action.

The controller shall inform the user of this incident if required by law.

Claims and complaints

If the user wishes to react to any of the practices described in this Policy, it is advisable to contact the controller directly.

The user may also lodge a complaint with his national supervisory authority, whose contact details can be found on the European Commission's official website :: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

In addition, the user has the possibility of bringing a complaint before the competent national courts.

Data Protection Authority​

Rue de la presse 35, 1000 Bruxelles

  +32 (0)2 274 48 00
   +32 (0)2 274 48 35
  contact(at)apd-gba.be

Contact details  

For any questions and/or complaints relating to this Policy, the user may contact the data controller:

By email : info@artecom-meta.agency
By mail: 43 rue du Trichon à 5030 Gembloux

 Modification

The controller reserves the right to change the provisions of this Policy at any time. The changes will be published directly on the website of the controller.

 Applicable law and jurisdiction

 This Policy shall be governed by the national law of the place where the controller has its principal place of business.

 Any dispute relating to the interpretation or execution of this Policy shall be subject to the jurisdiction of that national law.

 This version of the Policy is dated 27/09/2022.

-  COOKIE POLICY   -

I. Object

This Policy is established for the website https://bxl.art-nft.gallery/ (hereinafter the "website") of © ART-NFT.GALLERY, whose registered office is located at 43 rue du Trichon 5030 Gembloux - Belgium, registered with the Register of Legal Persons under the VAT number BE0889.088.934, represented by Vincent Parissis acting in his capacity as:

(hereinafter referred to as "the controller").

ART-NFT. GALLERY (hereinafter "we", "us", "our") strive to provide you with the best possible service and therefore wish to preserve your trust in our company by informing you of our policy on the use and storage of cookies.

II.  What is a cookie?

A cookie is a small text file placed on the hard drive of your computer or mobile device that is issued by the server of the website you are visiting.

The cookie contains a unique code that allows its issuer to recognise the terminal concerned (your computer or mobile device) each time the website is visited.

The cookie identifies the browser of your terminal but never you personally. In addition, a website's server can only read the cookies it has set itself and has no access to any other information on your computer or mobile device.

Cookies can either be placed by the server of the website you are visiting ("originating cookies") or by partners with whom this website collaborates ("third party cookies").

III. Duration of validity of a cookie

Some cookies expire when you close your browser "session cookies", while others remain on your terminal for a longer period of time, sometimes even until you manually delete them "permanent cookies".

In general, cookies have a limited validity period. The most common period of validity is 30 days and the maximum period is 13 months from the day the cookie is placed on your terminal.

IV. General objectives of cookies

The primary purpose is to ensure a more efficient and faster navigation (e.g. a cookie retains the language you choose, identifies you when you access your account,...). Cookies remember your preferences and thus allow you to access the site more quickly and easily.

They also allow us to understand how you navigate our website.

In addition, they offer the possibility of making the content of a website or the advertising on that site more relevant to you. The site will therefore be tailored to your personal tastes and needs.

V. Cookie management

In order to place certain cookies on your terminal, it is necessary that we obtain your prior and explicit consent. We obtain this through the banner on the home page of the website.

In addition, most browsers use cookies. You can also delete these cookies or refuse their installation at any time and free of charge by modifying the options of your browser software. The configuration of each browser is different. Each procedure is described in the help menu of your browser. To do this, please visit the following links:

 Firefox : https://support.mozilla.org/fr/kb/effacer-les-cookies-pour-supprimer-les-information 

Chrome : https://support.google.com/chrome/answer/95647?hl=fr  

Safari : https://support.apple.com/kb/PH21411?locale=nl_NL&viewlocale=fr_FR 

Internet Explorer : https://support.microsoft.com/fr-be/help/17442/windows-internet-explorer-delete-manage-cookies 

 By refusing the use of cookies, you can still access our website. However, some features will be limited or even impossible:

VI. Types of cookies

a. Technical cookies

These cookies, which only contain your IP address, are essential for visiting the site.

They allow :

• surf the different pages of the website and take advantage of its features;
  
• completing forms ;
  
• ensure the verification of your identity when accessing your personal data;
  
• secure access to the website.
  

These cookies do not require your consent as they allow you to access the website.

b. Functional cookies

These cookies facilitate and analyse the functioning of our website. Thanks to them, we can make your browsing experience more pleasant and more personalised.

Thanks to them we can :

• customise services (language, currency, location, navigation data, etc.);
  
• remember your choices from a previous visit;
  
• collect information from online forms;
  
• compile statistics ;
  
• analyse the use of the site.
  

Like technical cookies, these cookies are used to improve your navigation and do not require your consent.

c. Advertising cookies

These cookies give us information about your browsing habits and enable us to adapt the advertising content of our website to your interests.

On the basis of these cookies, we can analyse the effectiveness of advertising campaigns, in particular by identifying the subsequent actions you take when clicking on these advertising banners. In addition, based on geolocation data, we may tailor advertisements to let you know about opportunities near where you are.

These advertising cookies may also allow us to send you targeted advertisements using technologies that match data based on the sites you have visited.

The information we collect and share only identifies your device.

For these cookies, your consent is required and we ask for it when you access our website.

d. Analytical or performance cookies

These cookies are used to collect information about how you visit our website. They allow us to measure the audience of the various contents and sections of our website in order to improve them.

Thanks to these cookies we can detect navigation problems and improve the ergonomics of our website.

This data is collected and is therefore completely anonymised.

For these cookies we need your consent.

e. Social network cookies

« Social network » cookies share content that you choose to share via application buttons that belong to social networks. When you use these buttons, a third-party cookie is installed on your terminal and if you are connected to the social network, this information will be added to your profile.

With regard to these cookies, the extent of data collection and use should be checked on each social network.

These cookies also require your consent.

Facebook : https://fr-fr.facebook.com/policies/cookies/

Twitter : https://help.twitter.com/fr/safety-and-security/twitter-do-not-track

 Google : https://support.google.com/accounts/answer/61416?hl=fr

 Instagram : https://help.instagram.com/1896641480634370

 f. Third-party cookies

These cookies are placed by third parties on our website and then on your terminal. We do not have control over these. For more information, please see the information provided by these third party sites about their own cookies.

 VII. Your rights regarding the processing of your personal data

Cookies that process personal data are subject to the rules on the protection of personal data. In this context, you have certain rights (right of access, right of rectification, right of opposition, right of withdrawal of consent, etc.).

We refer you to our Privacy Policy (https://bxl.art-nft.gallery/mentions-legales-bxl-art-nft-gallery) which sets out the details of your rights and the conditions for their application.

 VIII. Contact

 Email : info@artecom-meta.agency

  Address : Rue du Trichon 43 à 5030 Gembloux

IX. Modification

We reserve the right to change the provisions of this Policy at any time. We will post any changes directly on our website.

 X. Applicable law and jurisdiction

This Policy is governed by the national law of our principal place of business as set out above.
 Any dispute relating to the interpretation or execution of this Policy shall be subject to the jurisdiction of that national law.
 This version of the Policy is effective and has been updated as of 27/09/2022.

- GENERAL CONDITIONS OF USE OF THE WEBSITE :

 Version of 26/09/22

 Definitions & Application

The "Website" is the website available at the following address : « https://bxl.art-nft.gallery/ »

The website © ART-NFT.GALLERY is a WEB3 IP solution of CUBIZ4 srl (a subsidiary of ARTECOM srl) whose registered office is located at 43 rue du Trichon in 5030 Gembloux, registered in the Register of Legal Persons under the number BE0889.088.934, represented by Vincent Parissis acting in his capacity as manager: (hereinafter referred to as "the service provider")

The term "user" refers to any user, i.e. any natural or legal person, registered or not on the Website, who consults the Website or its content, who downloads files, uses them, registers via any form available on the Website, becomes a member, subscribes or contracts with the provider.
The provider and the user are hereinafter referred to as "the parties".

The provider and the user are hereinafter referred to as "the parties".

By surfing the Website, reading documents, downloading files, consulting and/or using them in any way, registering via any form available on the Website, becoming a member, subscribing or entering into a contract with the Provider, the user formally, unconditionally and without any reservation, agrees to these general conditions and undertakes to respect them.

These conditions are applicable to all information consultations, orders, subscriptions and contracts binding the parties. In addition, these general conditions exclude all other general conditions and replace them.

The Provider reserves the right to modify these general terms and conditions at any time, without prior notice. Such changes shall apply immediately to any use of the Website.

Additional rules and guidelines shall be deemed to be an integral part of these terms and conditions. The user is therefore advised to refer regularly to the latest version of these conditions, which are permanently available at the following address : : https://bxl.art-nft.gallery/

Access & use of the Website and its content 

The Website can be consulted by computers on which current software is installed (browser, operating system, etc.). The provider does not guarantee any compatibility and cannot be held responsible if the user cannot consult and/or use all or part of the Website or its content, for whatever reason

Consequently, it is the user's responsibility to equip himself with the necessary computer and possibly human resources to ensure his connectivity with the Website.

In the context of the user's access to the Website or its content, the user expressly refrains, in any way whatsoever and whatever the technical means used, from :

• attempt to gain access to parts of the website that are not publicly available online;
  
• do any act that may, at any time, impair the proper functioning of the Website in any way;
  
• use any (automatic) system, such as, but not limited to, robots, spiders, off-line readers, etc, (1) denial of service attacks (including, but not limited to, network DoS, application DoS, network DDoS, including DrDOS, or application DDoS); (2) messages that influence questions and requests, contest responses and entries, voting, or any interaction with another user of the Website, even when the user is responding to a request made on the Website (e.g., a contest entry);
  
• post, upload, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist, or otherwise objectionable;
  
• consult, post, download, send or transmit any content that is contrary to the international laws in force;
  
• attempt to mislead other users by impersonating the name or company name of others;
  
• upload, post, email or otherwise transmit any infringing content, patent, trademark, trade secret, intellectual property right or any other proprietary right belonging to others;
  
• upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with, disrupt, or limit the functionality of any computer software, computer service, server, network, or telecommunications equipment without limitation;
  
• commit any action that has a disruptive effect on the ability of other users to access the Website;
  
• refuse to comply with the requirements, procedures, general rules or regulations applicable to the networks connected to the Website;
  
• harass in any way one or more other users of the Website or its content;
  
• collect and store personal data about other users.
  

The user undertakes to take all reasonable and necessary precautions to ensure that their equipment or data is not affected by viruses, bugs, Trojan horses or other malicious computer programs of any kind.

In order to access or use certain parts of the Website, the user may be required to register or become a member. In this case, when registering, the user undertakes to provide accurate, up-to-date and complete data and to ensure that it is regularly updated. Otherwise, the Provider shall be entitled to suspend or terminate the user's account, or to deny the user access to all or part of the Website or its content.

Where applicable, the user undertakes to keep his login and password secret and not to share them with third parties. The user remains solely responsible for the confidentiality of his/her password and for any use that may occur without his/her knowledge. In case of doubt about the confidentiality of the password, it is up to the user to change it immediately or to notify the provider in writing as soon as possible.

The user accepts that the functionalities offered through the Website may change. Thus, some will be removed and others added, without the user being able to consider that access to a particular functionality constitutes an acquired right. Likewise, the Provider will decide whether to include or remove any content presented on the Website.

The Provider reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of the access to the Website without having to inform the users in advance.

This will be the case, for example, in the event of maintenance of the Website or major changes to the content and/or the functionalities offered.
This will also be the case if the Provider has reason to believe that the User has violated or acted contrary to these General Terms and Conditions or any other legal provision in force at the time of the violation.

 License

The user is only granted the right to consult the Website and its contents on a personal basis. As such, the user is granted a personal, non-assignable, non-transferable licence to use the Website and its contents, limited exclusively to personal use. The duration of the user licence is limited to the duration of the user's access to the Website.

Any commercial use of the Website is strictly prohibited. The term "commercial use" refers to, but is not limited to, any sale or rental of the various features of the Website, recordings of all or part of the content available on the Website, or any use of the Website and its components for the sole purpose of generating revenue.

It is also strictly forbidden for the user, who may not otherwise grant permission to others, to :

• modify, reproduce, copy, borrow, distribute all or part of the Website or its content;
  
• create derivative works based in whole or in part on the material on the Website;
  
• reverse engineer or assemble or otherwise attempt to discover the source code of any part of the Website;
  
• create a hypertext link to or from the Website without the prior and express consent of the provider;
  
• sub-license or otherwise transfer any rights in the Website and/or its contents, including but not limited to any rights in the software.
  

 Intellectual & Industrial Property

The concept, content, layout, structure, source codes, programming, images, photos, information, data elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, databases, music and all other elements of the Website and, in a general way, the content as well as the structure of the Website, belong to, are and remain the exclusive property of the Provider, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the producer of the database, etc.), which the user acknowledges. ), which the user acknowledges and accepts.

By surfing on the Website or by consulting it, by registering, by becoming a member, by downloading the files, or by using the content of the Website, in any way whatsoever, the user does not become the holder of any of the rights referred to above or of the assimilated rights.

The Provider guarantees that the elements present on the Website and made available to the user by the Provider alone respect the rights of third parties, and in general are not illicit.

The storage of any information and/or elements of the Website in an (electronic) database is not permitted, with the exception of the automatic retrieval of information by the browser.

By placing certain data, texts, images and/or any other elements online, the user automatically grants the Provider exclusive permission to reproduce, communicate and/or otherwise use these elements, both on the Website and in one or more magazines or products published by the Provider, free of charge.

  Responsibilities

Responsibility of the user

The consultation and use of the website, as well as the downloading of files, of any kind and with any technical means, from the website and its contents, always take place under the responsibility of the user, including vis-à-vis third parties.

Each user is responsible for his or her own registration and/or membership, as well as for any abuse or damage resulting from this. The provider cannot be held responsible for any misuse of the registration or membership, login and/or password.

The user also agrees to be liable to any person, and in particular to the persons depicted, in any manner whatsoever for any content that the user publishes either on the Website or through the Website.

The Website may contain links to other websites over which the Provider has no technical or content control. The user remains solely responsible for the decision to activate these links. The provider therefore does not guarantee the accuracy and completeness of the content, access and availability of these other websites, the external links to which they refer, or the consequences that may result from consulting and/or using these websites in any way whatsoever. It is therefore up to the user to determine for himself whether it is appropriate to visit these sites.

If the user places a message of any kind or any other form of information, data and/or opinion on the Website, the user undertakes to use only information (images, photos) that does not conflict with the intellectual and/or industrial rights of third parties (copyright, image rights, etc.), nor with standards and good morals, nor with any legal provision. In this respect, the user expressly guarantees the provider against any complaint or action brought by third parties based on the content he has placed on the Website.

Responsibility of the provider

The provider is bound by an obligation of means. The Provider shall not be held liable for any direct or indirect damage that the user may suffer as a result of using the Website, the sites linked to it and/or the content made available to him.

The Provider makes every effort to ensure that the data and documents that form part of the Website are complete, accurate and up-to-date. Errors and/or omissions and/or outdated data can never be excluded and the Provider therefore gives no guarantee in this respect.

Similarly, the service provider is only liable for his wilful misconduct or gross negligence. He is not liable for the wilful misconduct or gross negligence of his employees, principals and, as a rule, his agents.

The Provider shall make every effort to ensure that the Website remains accessible at all times for a normal number of users, but shall not be held liable for any direct or indirect damage resulting from a change, suspension or interruption of access to the Website, for whatever reason.

The Provider is also not responsible for contacts and relationships between users of the Website.

Furthermore, the Provider does not guarantee the compatibility of the files that are part of, or appear on, the Website with the User's equipment, nor the accessibility of these elements.

The user shall also hold the provider harmless from any claim in any of the following cases:

• loss of opportunity or revenue of any kind arising out of the operation or non-operation, or use or non-use, of the Website, or the content contained therein or to be contained therein;
  
• illegal or unauthorised intrusion by any third party into the web server or the Provider's Website;
  
• introduction of a computer virus into the web server or the Website;
  
• temporary bandwidth congestion;
  
• interruption du service de connexion internet pour une cause hors du contrôle du prestataire.
  

 The user acknowledges and agrees:

• the restrictions and risks associated with the use of the internet or any other means by which the Website is currently or in the future made available;
  
• the risks of storing and transmitting information by electronic or digital means;
  
• the fact that the Provider cannot be held responsible for any damage caused by the use of the Website (as well as all or part of its content) or the Internet, as a result of the aforementioned risks;
  
• the fact that the electronic communications exchanged and the backups made by the service provider can be used as evidence.
  

Although the Provider makes every effort to keep the Website free of bugs, viruses, trojan horses and spyware, these cannot be excluded. The provider cannot be held responsible for any damage and/or loss that may result from this, in particular with regard to users' data. Users are therefore strongly advised to install the necessary firewalls, anti-virus software and other protective software to prevent damage to their computers and to be cautious when communicating personal data.

With regard to messages from third parties, the provider cannot be held responsible in any way for any damage that may arise from them, nor for any errors in their content. All texts, data, photos, videos, messages or other materials placed in these messages are the sole responsibility of the person who posted them.

Advertisements that are placed on the Website are always the task of third parties. The Provider can in no way be held responsible for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in these advertisements.

Miscellaneous provisions

 Force majeure

The service provider cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or fortuitous events.

In particular, the following events shall be considered as force majeure or fortuitous events (1) the total or partial loss or destruction of the Provider's computer system or database where any of these events cannot reasonably be attributed directly to the Provider and it is not shown that the Provider failed to take reasonable steps to prevent any of these events; (2) earthquakes; (3) fires; (4) floods; (5) epidemics; (6) acts of war or terrorism; (7) strikes, whether declared or not; (8) lockouts (9) blockades; (10) insurrections and riots; (11) a breakdown in the supply of energy (such as electricity); (12) a failure of the Internet or data storage system; (13) a failure of the telecommunications network; (14) a loss of connectivity to the Internet or telecommunications network on which the Provider is dependent; (15) an act or decision of a third party where that decision affects the proper performance of this Agreement; or (16) any other cause beyond the reasonable control of the Provider.

If, due to circumstances beyond the control of the service provider, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the service provider and the user undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

 Illegality

 The possible illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these general terms and conditions, nor the remainder of that article, paragraph or provision, unless the contrary intention is evident from the text.

If any part of these General Terms and Conditions is found to be invalid in its entirety, the Provider shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.

 Titles

The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.

Full and complete agreement

These terms and conditions and any agreement (including a subscription agreement), where applicable, represent the whole and entire agreement between the parties.

No statement, representation, promise or condition not contained in these terms and conditions can or shall be deemed to contradict, modify or otherwise affect the terms of these terms and conditions.

In addition, these terms and conditions and any agreement (including a subscription agreement), where applicable, supersede any previous agreement between the parties and apply to any new agreement.

Applicable law and jurisdiction

This agreement is subject to Belgian law. 

In the event of a dispute relating to the validity, interpretation, performance or termination of this agreement, the parties undertake to have recourse to mediation prior to any other method of conflict resolution.

The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.

Once the mediator has been appointed, the parties, with the help of the mediator, shall define between themselves the modalities for the organisation of the mediation and the duration of the process.

Either party may terminate the mediation at any time without prejudice.

If the mediation fails, only the courts of the judicial district of Brussels shall have jurisdiction.

 

- GENERAL CONDITIONS GENERALES OF SALE -

 Version of 26/09/2022

Definitions and scope

The general conditions of sale of products and provision of services, hereinafter referred to as "the general conditions" are applicable to all orders placed under the commercial name © ART-NFT.GALLERY which is a WEB3 IP solution of CUBIZ4 srl (subsidiary of ARTECOM srl) whose head office is located at 43 rue du Trichon in 5030 Gembloux, registered in the Register of Legal Persons under number BE0889.088.934, represented by Vincent Parissis acting in the capacity of manager

hereinafter referred to as "the provider" or "the seller".

These general terms and conditions form the contract between the seller/provider and the client. The seller/provider and the customer are hereinafter jointly referred to as "the parties".

The "customer" is any natural or legal person who orders products and/or services from the seller/provider.

The "consumer" is the customer, a natural person, who is acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.

The present general conditions are the only ones applicable. In any event, they exclude any general or special conditions of the customer that the seller/provider has not expressly accepted in writing.

The general terms and conditions are freely accessible at any time on the website of the seller/contractor: https://bxl.art-nft.gallery/ , so that by placing an order with the seller/contractor, the customer declares that he/she has taken note of these general terms and conditions and confirms his/her acceptance of the rights and obligations relating to them.

The seller/supplier reserves the right to modify these general terms and conditions at any time and without prior notice, provided that these modifications are published on its website. These changes will apply to all subsequent orders for product(s) and/or service(s).

 Offer and order

To place an order, the customer chooses the product(s) and/or service(s) he/she wishes to order by surfing on the website of the seller/provider, indicates the contact details he/she is asked to provide, checks the accuracy of the order, and then pays for his/her order.

After receiving confirmation of payment of the order from the bank, the seller/supplier sends the customer a summary of the order, including the order number, the products and/or services ordered and their price, these general terms and conditions or a link to them, as well as an indication of the likely timeframe for completion of the order.

The seller/provider reserves the right to suspend, cancel or refuse a customer's order, in particular if the data communicated by the customer proves to be manifestly erroneous or incomplete or if there is a dispute concerning the payment of a previous order.

In the event of cancellation of the order by the customer after its acceptance by the seller/provider, for any reason whatsoever, except in the case of force majeure, a sum equivalent to 30% of the price of the order shall be acquired by the seller/provider and invoiced to the customer as damages.

Price   

The price of the products and/or services is indicated in euros, all taxes included.

Any increase in VAT (Value Added Tax) or any new tax imposed between the time of the order and the time of delivery and/or performance will automatically be charged to the customer.

Any delivery costs are not included in the stated price, but are calculated separately during the ordering process, depending on the method and location of delivery and the number of products ordered.

 

Deadlines

Unless otherwise expressly agreed in writing by the seller/contractor, the delivery and/or performance deadlines mentioned in the special conditions shall not be binding. The seller/contractor may only be held liable if the delay is significant and if it is attributable to gross negligence.

The customer may not invoke the delivery and/or performance deadlines as grounds for rescinding the agreement, claiming damages or asserting any other claim, unless otherwise agreed in writing and expressly accepted by the seller/contractor.

In the event of a delay exceeding the period of thirty working days, the client shall send a formal notice of default by registered mail to the seller/contractor, who shall then be entitled to 50% of the prescribed time to deliver the ordered product(s) and/or perform the ordered services.

 

Reservation of ownership

The seller remains the owner of the ordered products until full payment has been made.

Ownership of the products is only transferred to the customer after the collection or delivery of the items and after full payment of the order. In derogation of article 1583 of the Civil Code, the articles sold, delivered or installed remain the exclusive property of the seller until full payment of the invoice. As long as the payment of the sale price has not been made, the customer is forbidden to pledge the articles, to offer them, or to use them as a guarantee in any way whatsoever. The customer is expressly forbidden to make any changes to these articles, to make them into real estate by incorporation or by destination, to sell them or to dispose of them in any way whatsoever.

As long as the seller has the property rights to the delivered goods, in accordance with the provisions of this article, the customer shall remain responsible for maintaining the products in good condition. During this period, the customer alone shall be liable for any loss or damage to the products. If necessary, the customer undertakes to insure the products against all risks. The customer also undertakes to store the products in such a way that they cannot be confused with other products and that they can at all times be recognised as the property of the seller.

 

Right of withdrawal​

In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders products and/or services from the seller/provider at a distance has a period of 14 calendar days from the day of delivery of the products or notification of their availability at the planned point of collection to notify the seller that he/she is withdrawing from the purchase, without penalty and without giving any reasons.

For services, the period of 14 calendar days shall start to run from the day of the conclusion of the contract, i.e. the day on which the consumer has received the summary of his order, in particular by e-mail.

Where this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The consumer may notify his wish to withdraw from the purchase by means of the withdrawal form placed online on the website of the seller/supplier, by means of the form sent with the order form or available on the website of the S.P.F. Economie, P.M.E., Classes moyennes et Energie: economie.fgov.be, or by means of an unambiguous statement setting out his decision to withdraw from the contract.

The consumer must return the product(s) he/she has withdrawn from in perfect condition in its/their original packaging.

Only the direct costs of returning the product(s) shall be borne exclusively by the consumer.

The seller/contractor will refund the amount paid as soon as possible and at the latest within 14 days of the return of the products.

A consumer who opens or uses a product before the expiry of the withdrawal period shall be deemed to have waived his right of withdrawal in respect of that product.

A consumer who expressly agrees that the ordered service shall be performed before the expiry of the 14-day period and acknowledges that such performance will result in the loss of the right of withdrawal may no longer exercise the right of withdrawal in accordance with Article 53 of Book VI of the Code of Economic Law.

Similarly, the consumer shall not be entitled to exercise the right of withdrawal if he is in the case of one of the other exceptions referred to in Article 53 of Book VI of the Code of Economic Law, in particular in the case of the supply of goods made to the specifications of the consumer or clearly personalised.

Cancellation of the order

 The customer who does not meet the conditions for benefiting from the right of withdrawal described in the previous article of these conditions and who wishes to cancel his order shall inform the seller/provider, who will indicate the steps to be taken.

Any deposit paid by the customer to the seller/provider will not be refunded. If no deposit has been paid, the seller/provider may claim compensation from the customer for cancellation equivalent to 30% of the price of the products and/or services whose order has been cancelled by the customer.

 

Delivery and/or execution of the order

 The delivery and/or execution deadlines indicated by the seller/supplier are provided for information purposes only and are not binding on the seller/supplier. A delay in the delivery and/or execution of the order shall therefore under no circumstances give rise to any compensation, termination of the contract, suspension of the customer's obligations, or payment of damages.

The order is only delivered to the customer or executed after full payment. The transfer of ownership and risk occurs when the order is fully paid for. The customer is therefore advised that he/she alone bears the risks associated with the delivery.

 

Availability

The products offered for sale by the seller are subject to availability.

In the event of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer as soon as possible and to give the customer the choice between a refund, a modification of the order or a delivery postponed until the end of the stock shortage of the product(s) concerned.

 

Receipt of the order and complaint

The customer is obliged to check the apparent good condition and the conformity of the products delivered to him or collected from the collection point with the products he ordered.

Any complaints must be made in writing within 8 days of delivery of the order or notification of its availability at the collection point. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively received the order.

Any complaints relating to the services provided by the service provider must be made in writing within 8 days of the occurrence of the event giving rise to the complaint. Otherwise, they cannot be taken into account.

If a complaint proves to be well-founded, the seller/provider will have the choice between replacing or refunding the price of the products and/or services concerned.

Intellectual property

The information, logos, drawings, trademarks, models, slogans, graphic charters, etc., accessible through the website or the catalogue of the seller/provider are protected by intellectual property law.

Unless expressly agreed otherwise in advance, the client is not authorised to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the website or catalogue of the seller/contractor.

Unless expressly agreed otherwise, the agreed price therefore does not include any transfer of intellectual and/or industrial property rights on any grounds whatsoever.

Guarantees

◦        Legal guarantee for all customers

In accordance with Articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which render the products unfit for the use for which they are intended, or which diminish this use to such an extent that the customer would not have acquired them or would only have paid a lower price for them if he had known about them.

In the event that a hidden defect is found, the customer must act within a short period of time, in accordance with Article 1648 of the Civil Code, and may choose between returning the product with a hidden defect in exchange for a full refund, or keeping it in exchange for a partial refund.

The seller is not obliged to guarantee the products against apparent defects, of which the customer could or should have been aware at the time of purchase. Similarly, the seller is only obliged to guarantee the products against hidden defects of which he was aware at the time of the sale and of which he failed to warn the customer.

Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the customer vis-à-vis the seller. These documents must be kept by the customer and presented in their original version.

 

◦        Additional legal guarantee for customers who are consumers

In accordance with Article 1649quater of the Civil Code, the customer who is a consumer also has a legal guarantee of two years for all defects of conformity that existed when the product was delivered and that appeared within two years of the delivery.

This guarantee includes the repair or replacement of the defective product, free of charge for the consumer.

If, however, such repair or replacement proves impossible, disproportionate for the seller or would cause serious inconvenience to the consumer, the consumer may be offered an appropriate reduction or refund. The seller and the customer may only agree on a refund if the customer returns the defective products.

In the event that specific spare parts or accessories required for the repair of the product are no longer available from the manufacturer, the seller shall not be liable for the loss of use of the product.

The consumer is obliged to inform the seller of the existence of the lack of conformity, in writing, within a maximum of two months from the day on which he noticed the defect, on pain of forfeiture of his right to claim.

Only the invoice, the receipt or the purchase voucher are valid as warranty certificates for the consumer vis-à-vis the seller. These documents must be kept by the consumer and presented in their original version. The warranty period starts on the date mentioned on these documents.
This guarantee does not apply if the failure is due to misuse, external causes, poor maintenance, normal wear and tear or any use that does not comply with the manufacturer's or seller's instructions.

In the event of damage, theft or loss of a product delivered for repair, the seller's liability shall in any event be limited to the sale price of the product.

The seller shall not be liable for the loss or reproduction of data stored in or by electronic devices delivered for repair.

 

◦        Guarantee for the services provided

The service provider undertakes to perform the services in a responsible manner.

The client benefits from a guarantee of conformity of the services provided in relation to the services initially requested. In the event of any anomaly detected during this period, the service provider shall ensure that it is corrected free of charge and as soon as possible, provided that the anomalies detected have been duly reported to the service provider.

The guarantee of conformity expressly excludes services requested following unauthorised intervention or modification, a handling error or improper use by the client, or following an anomaly caused by an intervention by the client or a third party.
 
The service provider declares that the results of the services which would be protected by intellectual property law constitute original creations. In the event that he has called upon external parties to carry out all or part of the services, he declares that he has obtained all the necessary rights and authorisations to carry out these services.

Consequently, the service provider guarantees the client against any action, claim, allegation, demand or opposition from any person invoking an intellectual or industrial property right, or an act of unfair competition, on all or part of the services provided.

 

Responsibility

General.   The customer acknowledges and accepts that all obligations owed by the seller/contractor are exclusively those of means and that the seller/contractor is only liable for fraud and gross negligence.

In the event that the customer demonstrates the existence of gross negligence or wilful misconduct on the part of the seller/supplier, the loss for which the customer may claim compensation shall only include material damage resulting directly from the fault attributed to the seller/supplier, to the exclusion of any other damage, and may not, in any event, exceed 75% (excluding tax) of the amount actually paid by the customer in execution of the order.

The customer also acknowledges that the seller/contractor is not liable for any direct or indirect damage caused by the products delivered or the services provided, such as loss of profit, increase in overheads, loss of customers, etc.
The seller/supplier is also not responsible for any incorrect information provided by the customer, or for any order placed in the customer's name by a third party.

Finally, it is the customer's responsibility to find out about any restrictions or customs duties imposed by their country on the products ordered. The seller cannot be held responsible if the customer has to face any restriction or additional tax to pay because of the policy adopted by his country in this matter.

Materials.   If the customer imposes on the seller a process or materials of a certain quality, origin or type, despite the seller's written and reasoned reservations, the seller shall be relieved of all liability for defects caused by the choice of said process or materials.

Internet and new technologies

The customer acknowledges the restrictions and risks associated with the use of the internet or any other means by which the website is currently or in the future made available. The customer also acknowledges the risks of storing and transmitting information by digital or electronic means.

The customer accepts that the seller/contractor cannot be held liable for any damage caused by the use of the website (and any applications) of the seller/contractor or the internet as a result of the aforementioned risks.

The customer further agrees that the electronic communications exchanged and the backups made by the seller/contractor may serve as evidence.

 

Miscellaneous provisions

Force majeure or fortuitous event.   The seller/supplier cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance is the result of force majeure or fortuitous events.

In particular, the following events shall be considered as force majeure or fortuitous events 1) the total or partial loss or destruction of the vendor's/supplier's computer system or its database where either of these events cannot reasonably be directly attributed to the vendor/supplier and it is not shown that the vendor/supplier failed to take reasonable steps to prevent either of these events, 2) earthquake, 3) fire, 4) flood, 5) epidemic, 6) act of war or terrorism, 7) strike, whether declared or not, 8) lock-out 9) blockades, 10) insurrections and riots, 11) a breakdown in the supply of energy (such as electricity), 12) a failure of the Internet or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet or telecommunications network on which the Seller/Contractor depends, 15) an act or decision of a third party where that decision affects the proper performance of this Agreement or 16) any other cause beyond the reasonable control of the Seller/Contractor.

Unpredictability.     If, due to circumstances beyond the control of the seller/contractor, the performance of its obligations cannot be continued or is simply made more onerous or difficult, the seller/contractor and the customer undertake to negotiate in good faith and in good faith an adjustment of the contractual conditions within a reasonable period of time with a view to restoring the balance. If no agreement is reached within a reasonable period of time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.

Termination of the contract.   In the event of the customer's insolvency or in the event of unpaid debts, even in the context of previous contracts between the customer and the seller/contractor, the latter is entitled to suspend the performance of its obligations until the customer has repaid in full any unpaid debts due to the seller/contractor.

In the event of non-performance of its obligations by the customer, the seller/contractor may terminate the contract to the exclusive detriment of the customer without delay or compensation and, where applicable, may claim damages from the customer by any legal means.

Illegality.   The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the remaining articles, paragraphs or provisions of these terms and conditions, nor shall it affect the remainder of that article, paragraph or provision, unless the contrary intention is evident from the text.

Titles.   The headings used in these terms and conditions are for reference and convenience only. They do not affect the meaning or scope of the provisions they refer to.

No Waiver.   No failure, neglect or delay by any party to exercise any right or remedy under these terms and conditions shall be construed as a waiver of such right or remedy.

Applicable law and jurisdiction

The present general conditions are subject to Belgian law.

In the event of a dispute relating to the validity, interpretation, execution or breach of these general terms and conditions, the parties undertake to have recourse to mediation prior to any other method of conflict resolution. 

The parties shall therefore appoint a mediator approved by the Federal Mediation Commission (Bd Simon Bolivar, 30 (WTC III), 1000 Brussels - https://www.cfm-fbc.be/fr) by mutual agreement or shall instruct a third party to make the appointment.

Once the mediator has been appointed, the parties shall define between themselves, with the help of the mediator, the modalities of organisation of the mediation and the duration of the process.

Either party may terminate the mediation at any time without prejudice.

If the mediation fails, only the courts of the judicial district of Brussels shall have jurisdiction.