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Terms of use for buyers

 

ixart.net provides an online site where you can purchase works of art, services, reservations from Sellers around the world. It is essential for us that our Online Site is safe and reliable for both Buyers and Sellers, which is why we have implemented some important rules for bidding and buying on ixart.net (the "Terms of Use for Buyers" ) ._ cc781905-5cde-3194-bb3b-136bad5cf58d_

These Buyer Terms of Use also describe and set out your rights and obligations with respect to the Sales Agreement you enter into directly with the Seller. By accepting these Terms of Use for Buyers, you agree in advance that the rights and obligations mentioned are part of each Sales Agreement and that these terms will be binding on you towards the contractual counterparty. Accordingly, these terms may be invoked against you and / or by you as part of the Sales Agreement. These terms supersede any terms of the Sales Agreement that are incompatible with them. In addition, a Seller may apply additional terms and conditions in addition to the Sales Agreement, which will then be presented to you on our Online Site. In our Terms of use for Sellers you can find the rights and duties of the Sellers regarding the Sales Agreement.

Capitalized words used but not defined in this document have the meaning assigned to them in ours General terms of use 

 

Article 1: Purchase of Lots

Before bidding on a work, service, reservation, make sure you read the following carefully:  

  • Enter into a Sales Agreement with the Seller.       _cc781905-5cde-3194-bb589094-136bad5cde-3194-bb589094-136bad5ccc3 -bb3b-136bad5cf58d_ When purchasing online, you will automatically enter into a Sales Agreement with the Seller or for the amount corresponding to the Purchase Price.   ixart.net is not a party to or subject to the Sale Agreement or any other agreement entered into between you and the Seller pursuant to the Sale Agreement between you and the Seller (including, for exemplary but not exhaustive, the shipping agreements).ixart.net(therefore) is not subject to any post-contractual information obligation.

  • We charge a non-refundable fee for the use of our Service. The commission is absent for Buyers ("Auction Commission") on the Purchase Price (possibly including VAT). . We provide the Service and charge a commission to the Seller (for more details, please see our General Terms of Use and Terms of Use for Sellers). By accepting these Buyer Terms of Use, you explicitly agree to our right to charge both the Seller and the Buyer a fee for the same transaction.

  • The Buyer is obliged to pay the shipping or handling costs and any additional import costs (for example, VAT, import duties). Furthermore, you understand and agree that it is your responsibility to check any specific rules or restrictions that apply to the import of an item into your country. ixart.net will not be responsible for any such specific restrictions or rules.

  • Assistance with additional identification measures or other compliance measures. To purchase on our Online Site, we may ask you to provide additional identifying information or to contribute to any additional measures required by ixart.net to comply with applicable law, including the economic sanctions rules and regulations applicable to ixart.net. You are obligated to comply with them, and you understand and agree that any refusal of such information or measures will justify the non-performance of any Service by ixart.net.

 

Article 2: Payment for works of art, services, reservations

Upon payment of the work or service or reservation, the sales contract will be automatically stipulated. You will make your payment in accordance with our instructions and payment terms below . 

  • As a Buyer, all costs (such as bank charges), taxes (such as withholding taxes and VAT), duties and fees due are your responsibility in connection with such payments. You will make your payment through our payment service provider, as set out in Article 4 of our General Terms of Use. Therefore, your payment will be made to the payment service provider and held by the latter in an escrow account. The specified payment period will never be considered a legal limit (“fatal termijn”). This means that a notification of default ("ingebrekestelling") is required before the Seller can dissolve ("ontbinden") the Sales Agreement due to your non-payment.

  • You guarantee that your purchase is legitimate. You warrant that you will not purchase the work, service or reservation as part of a false or illegal transaction and that you and / or any third party are not engaged or involved (directly or indirectly) in any activity that may involve money laundering in any form or way. Ixart.net is obliged to comply with applicable laws, regulations and sanctions regarding money laundering and terrorist financing. These laws and regulations require us to prevent money launderers from using our Online Site as a conduit for their illegal activities, as well as to identify and report suspicious transactions.

  • Resale rights. On an original work of art, a resale copyright may be owed to the artist under applicable copyright law. In such cases, the cost of the resale right will be borne by you, regardless of whether you are an art market professional or not. You will be required to reimburse the party who paid the resale right amount to the artist or the artist's representative at the time of the first claim. This refund will include the full resale rights amount and any associated costs, expenses, duties or taxes.

  • No violation of the law is allowed. You will not be able to use a financial institution or other third party that may result in or cause a violation of the law applicable to either party, including the economic sanctions rules and regulations applicable to ixart.net.

 

 

Article 3: Delivery or collection of the works

Once payment has been made for the full amount, in accordance with Article 2, we will inform the Seller so that he can deliver the work to you or arrange for it to be collected. For most Lots in our Online Auctions, the Seller ships the item (s) to the address associated with your Account. However, in some cases, some works may have to be collected directly from the Seller's address. The shipping or transportation details in the work description determine whether the Seller will ship the items to the address associated with your Account or whether you will need to collect the work.

  • For delivery, please make sure your address is correct. The Seller will ship the artwork to the address indicated in your Account. This must be a physical address and cannot be a PO Box. We will ask the Seller to ship the artwork once your payment has been received in full in accordance with Section 2 of these Buyer Terms of Use.

  • Drop shipping is not allowed. It is not possible to choose to receive the work of art through the so-called “drop shipping”, that is, indicating a third party such as a shop or company, a fulfillment center or a PO box to receive the shipment on your behalf.

  • If you have any problems, please contact us within three (3) days of delivery. When the tracking code shows that the work has been delivered, you have three (3) days, starting from the day of delivery, to notify us of any problems with the work of art. If pickup is planned for the artwork, you will need to notify us of any problems with the artwork within three (3) days of pickup. You acknowledge that if you fail to notify within this three (3) day period, we may not evaluate the complaint and send payment to the Seller . 

  • If you have any problems with shipping or transportation, you will need to seek a solution directly with the seller. Shipping and transport are the sole responsibility of the Seller. The signature for receipt at the place of delivery and / or delivery confirmation with tracking at the place of delivery (whether it is the address of the Buyer or a collection point) can be considered by ixart.net, the Buyer and the Seller as proof of receipt of the work by you. In case of problems with the delivery of a work, in the event that you do not reach a solution with the Seller, it will be necessary for both of you to collaborate in a verification by the shipping or transport company. An ongoing investigation does not affect our right to decide whether the Purchase Price will be refunded to you or paid to the Seller.

  • Arrange the pickup with the Seller. If you purchase a work that needs to be collected, you must arrange for the work to be collected within five (5) working days of purchase, unless you have agreed otherwise with the Seller. The specified withdrawal period will never be considered a legal limit (“fatal termijn”). If you do not collect the artwork within five (5) business days of purchase or another term agreed with the seller, you acknowledge that we may make payment to the seller and / or cancel the transaction. The cancellation of the transaction is not equivalent to a dissolution of the Sales Agreement. The cancellation of the transaction means that Ixart.net's role as mediator in the conclusion and / or execution of the Sales Agreement comes to an immediate and irrevocable end.

  • Ixart.net has the right to cancel a transaction in the event that the Seller does not deliver the artwork or the artwork does not conform to the description. If the Seller, in violation of the Terms of use for Sellers,(i) does not deliver the artwork or (ii) delivers a work that does not conform to the description of the artwork, we may send the Seller several reminders to fulfill its obligations under the General Terms of Use and the Sales contract. If, despite our reminders, the Seller (i) does not deliver the work or (ii) is unable or unwilling to remedy the non-conformity of the work, you accept and acknowledge that we have the right to cancel the transaction. Although the transaction is canceled in our system, you are free to assert your rights under the Sales Agreement directly with the Seller.

 

 

Article 4: Failure to fulfill duties towards the Seller

If you fail to comply fully and promptly with the obligations arising from the Sales Agreement towards the Seller, you will be in default ("verzuim") and the Seller will be entitled to terminate ("ontbinden") the Sales Agreement. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we have no obligation to do so. In case of dissolution of the Sales Agreement, you will compensate the Seller for damages, without prejudice to any other rights of the Seller.

 

Article 5: Non-fulfillment of duties towards ixart.net

In the event of your failure to comply with the obligations arising from the Terms of Use towards ixart.net, we may decide to cancel the transaction of the work in question. This cancellation does not amount to a dissolution of the Sales Agreement and the Seller is free to assert its rights directly against you under the Sales Agreement. In the event of cancellation of the transaction, we may hold you responsible for any damages and expenses incurred and / or derived from the cancellation. This means that you will still have to pay the commission payment, as well as any other damages. You will also be held responsible for the amount of the Seller's Commission that we have lost as a result of the cancellation.

Consequences of non-compliance with our Terms of Use

In addition to the provisions of Article 9 of our Terms of Use, (i) to comply with applicable law (including any rules and regulations applicable to ixart.net) or in the event that (ii) you have violated our Terms of Use , (iii) we are aware of any issues relating to your conduct or behavior, or (iv) we believe in good faith that they are necessary to protect our Online Site, other Users, or it is in the general (public) interest (v) to to prevent fraud or other illegal activities, we reserve the right to take one or more of the following measures:

  • Temporarily or permanently restrict your access to our Online Site or your authorization to bid and / or sell Lots;

  • Temporarily or permanently revoke any special status associated with your Account;

  • Temporarily or permanently restrict access to your Account;

  • In the event that (i) you have not provided accurate banking or identification details on our first request within a reasonable period of time, (ii) you have been reported by our payment service providers, or (iii) you have not passed any PEP check or list of sanctions, or (iv) Ixart.net determines or is otherwise informed by any competent authority that providing the Service to you would be prohibited or sanctioned under any economic sanctions law and regulation applicable to ixart.net , you will default and (a) any payment (including a refund) may be withheld or (b) you will lose the right to receive the payment (including a refund);

  • In the event that you have paid for a work with your credit card and, although the Seller was not in default, you have successfully proceeded with the chargeback, we are entitled to (i) block your Account, (ii) initiate any complaints against you, (iii) block any future payments (including refunds) in your favor, and (iv) initiate legal proceedings against you;

  • If a payment reservation has been made to your credit card but you do not pay the remaining amount within three (3) business days after purchase, the Auction Fee (up to € 1,000) will be charged to your card. Any remaining amount of the payment reservation will be released . 

If our agreement is terminated or access to your Account is suspended while you still have certain obligations to a Seller under a Sales Agreement, we have the right to cancel the transaction or transactions in our system.

We are also authorized to impose an immediately due and payable penalty of € 1,000 (one thousand euros) for any breach of these Terms of Use, subject to our right to actual damages. We try to provide a warning before imposing such a sanction. However, in the event of a serious breach, we will impose the sanction without notice. The penalty will increase by 10% (ten percent) for each subsequent violation of our Terms of Use. If possible, we will offset this penalty in accordance with our Terms of Use . 

 

Article 6: Right of withdrawal

Depending on your place of residence, you may benefit from the right of withdrawal, in accordance with the EU Consumer Rights Directive . 

  • It is possible that the application of the EU and UK right of withdrawal is valid for your Sales Agreement. Consumers who reside in a country within the European Economic Area or the United Kingdom and purchase a work from a Professional Seller have the right to withdraw from the purchase within a period of fourteen (14) days from the day on which they have received the work, with no need for justification.

  • In case of withdrawal from the purchase, you will have to return the work to the Seller. By virtue of the right of withdrawal, you will be required to return the work within fourteen (14) days from the notification of withdrawal. The shipping or transport costs of the return and any customs duties are your responsibility and will be at your expense. If necessary, in consideration of the value of the work, it will be necessary to have adequate insurance for the shipment of the work. You must return the work to the Seller with all the accessories delivered, in the original condition and, as far as possible, in the original packaging. You will be responsible for any decrease in the value of the work resulting from management that goes beyond what is necessary to establish the nature, characteristics and functioning of the work itself. When (i) the Seller works to the Seller, you will be refunded the Purchase Price and the original shipping or handling costs paid to the Seller.

  • It is possible that the application of the right of withdrawal is not valid for your purchase. Please note that some products and services are excluded from the right of withdrawal such as, but not limited to, gold, diamonds, bars, custom made products and other products that have fluctuating prices, deteriorate rapidly or have a limited shelf life. possible conservation.

     

Article 7: Internal communication
You can use an external messaging system to communicate directly with a Seller. This system is a great way to organize the delivery or collection of a work. You will not use this system for the following activities:
 

  • Sending unsolicited advertisements or promotions, requests for donations or spam;

  • Insults, harassment or discrimination against other Users;



 

Article 8: Disputes with other Users
Ixart.net requires Users to resolve any disputes between them. Ixart.net will do everything reasonably possible to mediate between you and the Seller. In order to safeguard our rights and obligations under the General Terms of Use, any complaints and disputes between you and a Seller must therefore be reported to us as soon as possible after the issue in question occurred. In accordance with Section 3 of the Buyer Terms of Use, you acknowledge that if you fail to notify within this three (3) day period, we may not evaluate the complaint and send payment to the Seller.
 

Contact ixart.net: you can contact our dedicated Customer Service department by sending an e-mail via the contact form available in the relevant article in the Help Center . 

If a satisfactory solution cannot be found despite our help, we will act in accordance with Article 14 of our Terms of Use. This includes our right to decide whether to refund a Buyer or make payment to a Seller. However, you are free at any time to assert your rights or to discuss your claims relating to the Sales Agreement directly with the Seller.

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