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General terms of use ofixart.net

 

These General Terms and Conditions of Use and other documents referred to in Article 1 (collectively referred to as the "Terms of Use") apply to any use of the Online Site (as defined in Article 2). By logging in or using the Online Site, you agree to be bound by these Terms of Use. Please read these Terms of Use carefully to know what your rights and obligations are when using the Online Site.

 

Article 1: Other applicable information

In the event of the sale or purchase of works on the Online Site, the following documents also apply. These documents form an integral part of the Terms of Use. By using the online Site, you agree to be bound by the validity of such documents. In the event of a conflict between these General Terms of Use and the Seller Terms of Use, Buyer Terms of Use or other Regulations, the terms set out in those specific documents will prevail.

  • Terms of Use for Sellers. In the event that you submit works for sale on our online Site, specific rules apply for Sellers. You can consult them here.

  • Terms of Use for Buyers. In the event that you purchase works on our Online Site, specific rules apply for Buyers. You can consult them here.

  • Regulations. To keep our Online Site safe and reliable, we have several regulations that apply only when the purchase of an item / work is finalized through the use of our Online Site (for example, our Review Policy, the Policy on the EU right of withdrawal and the Regulation for professional sellers). HERE

 

Article 2: Applicability of the Terms of Use

  • Our Terms of Use apply to all agreements and all legal relationships between you and ixart.net. Accordingly, they are part of a legally binding agreement ("Agreement") between us and you. Among other things, the access and use of the ixart.net website, including any pages and domains within the website, applications for smartphones, tablets and other devices, application interfaces (together referred to as " Applications ”) and all associated services offered through our website and Applications (such access, use and associated services are collectively referred to as our“ Service ”). We may also refer to the Applications and the Service as "Online Site" ._ cc781905-5cde-3194-bb3b-136bad5cf58d_

  • Furthermore, to allow the safe and correct operation of our Online Site, by accepting our Terms of Use, you accept that the standard sales contract (the "Sales Contract") will be an integral part of the Sales Contract between the Buyer and the Seller. in relation to every purchase and sale made through our online site. These Terms of Use may describe and establish certain additional rights and obligations that will form part of the Sales Agreement that you enter into with other Users. By accepting the Terms of Use, you agree in advance to be bound by the Sales Agreement and the aforementioned rights and obligations (which will form an integral part of each Sales Agreement) towards your contractual counterparty (if applicable, the Buyer or Seller ). Accordingly, the Sales Agreement and such additional terms may be invoked against you and / or by you and will supersede any other terms applicable to the contractual relationship between the Seller and the Buyer.

  • The applicability of your or third party terms and conditions is hereby expressly rejected. These Terms of Use prevail over any terms or conditions contained or referenced in other documents, including any correspondence inconsistent with the Terms of Use, if such other terms or conditions apply, notwithstanding the foregoing.

  • In the event of any discrepancy between the different language versions of these Terms of Use, the Italian language version will prevail. Any (legal) term and concept used in these Terms of Use must in any case be interpreted in accordance with Italian law.

 

Article 3: Your privacy

  • Respecting the correct processing of your personal data is important to us. You can consult our Privacy Policy  to know how your personal data is managed. By accessing or using our online site, you acknowledge that we may process your personal data for the purposes described in our Privacy Policy. 

  • To enable our Users to invoke their rights and fulfill their obligations under a Sales Agreement, we provide these Users with the necessary personal data (for example, name, email address, telephone number and delivery address) of other Users, as provided to us by such other Users. For example, a Seller needs this information in order to ship an item to the Buyer. Ixart.net cannot guarantee or be held responsible for the accuracy and accuracy of any personal data provided by a User, which we share with another User or with third parties (for example, a shipping service provider) in light of a Contract. sales. 

  • Ixart.net and the User who receives the personal data are considered separate and independent controllers of the processing of personal data pursuant to the applicable laws and regulations regarding the protection of personal data. If ixart.net is sued, fined or (otherwise) incurs damages due to any shortcomings that may be attributed to such User, the User agrees to indemnify and release ixart.net from such claims, fines and / or damage . 

  • In the event that you receive the personal data of another User, you guarantee to process such personal data only to fulfill your obligations or to resolve any inconvenience arising from the Sales Agreement. Your processing of such personal data will be in accordance with applicable (data protection) laws and regulations. Without the authorization of the User in question, it is not possible to use any personal data for (other) commercial purposes, for example for sending unsolicited communications or approaching the User in any other way for such purposes.

 

Article 4: Our Service

ixart.net offers an online site where it is possible to buy and sell works through its own Art Market. We consider "Users" (or "you") all those who use the Site online. Users who purchase objects / works are called "Buyers" and Users who sell (or intend to sell) works are called "Sellers". The use of any Service on our Online Site implies the explicit consent that ixart.net provides the Service to both the Buyer and the Seller. It is important to remember that:

  • Ixart.net does not intervene as a party in the Sales Agreement. Ixart.net is not a party to or subject to the Sales Agreement or any other agreement entered into between the Buyer and the Seller pursuant to the Sales Agreement between the Buyer and the Seller (including, but not limited to, shipping agreements). ixart.net (therefore) is not subject to any post-contractual information obligation. A Seller who uses our Online Site to present an item / operate the sale makes a binding proposal to enter into the Sales Agreement for that Lot with a potential Buyer. A Buyer accepts a proposal to enter into a Sales Agreement by submitting an offer. The Buyer who finalizes the purchase will automatically enter into a Sales Agreement with the Seller for a specific item / work for the written amount (the "Sale Price"). I Terms of Use for Buyers e / o Terms of use for sellers further define your relationship with us and, in addition, contain certain rights and obligations relating to the Sales Agreement, which will be presented to you on our Online Site. In addition, a Seller may apply additional terms and conditions in addition to the Sales Agreement. Regardless of this, the Seller guarantees that all conditions relating to its proposal are not in contradiction with the Sales Agreement and the Terms of Use. This means that in applying additional terms and conditions to the Sales Agreement, the Seller is obliged to carefully check that its conditions do not contradict the Terms of Use and / or the Sales Agreement and to ensure that its conditions are in line with all applicable laws, including consumer protection regulations. In the event of any discrepancy between these Terms of Use and a Seller's terms and conditions, the Terms of Use will prevail. Please read all documents carefully . 

  • We charge a fee for using our Service. We require a non-refundable fee for the use of our Service. The Buyers commission (“Auction Fee”) is equal to5%of the purchase price (possibly including VAT). We will add this amount to the Purchase Price. Sellers pay a commission of 5% of the Purchase Price (“Seller's Fee”), which is exclusive of VAT. The Commission payable by the seller will be deducted from the payment of the Purchase Price if the sale is finalized on ixart.net. Or if the sale is concluded privately, the seller can make a donation to ixart.net. In case of other taxes due it is the responsibility of the Buyer and the Seller respectively that such taxes are paid to the competent tax authorities. In the event that we are considered a Reseller (under Directive 2006/112 / EC and its subsequent amendments), any tax payable in connection with such Sale will be payable by the Buyer and therefore added to the amount payable by the Buyer to we. By accepting the Terms of Use, you explicitly agree to our right to charge a fee to both the Seller and the Buyer for the same transaction.

  • We use Third Party Service Providers. To provide you with the best user experience, we may use or advise you to use (supplemental) third party services, such as payment or shipping service providers ("Third Party Service Providers"). Our Online Site may contain links to the websites of these Third Party Service Providers. Your use of such products, services, applications or websites may be governed by and subject to the terms and conditions and privacy policies of the relevant Third Party Service Provider.

 

Article 5: Your ixart.net Account

Before you can use the Service, you will need to create an ixart.net account ("Account"). In principle and to the extent permitted by applicable law, including the laws and regulations on economic sanctions applicable to ixart.net, anyone can register on ixart.net. However, if you are not of legal age or are in any other way legally unable to act, you will need to obtain the consent of your legal guardian (or legal guardians). The following are the rules relating to the use of the Account:

  • Provide accurate information. When creating your Account, you are required to provide complete and truthful information about yourself or your company. You may not provide false information, pretend to be another person or company through your Account or use your Account on behalf of another person in order to circumvent our Terms of Use or our policies. You must always keep your Account information up to date. ixart.net is not responsible for any damage resulting from false or inaccurate information provided by a User.

  • Choose a suitable username. The username (and, where applicable, Seller's name) of your Account must be appropriate and not considered offensive, vulgar or misleading and may not infringe any third party's intellectual property rights or other rights or otherwise violate the Terms of use.

  • Protect your Account. You must always keep your username and password combination secret. You are solely responsible for any activity relating to your Account. ixart.net has the right to assume that only you are able to log in using your username and password.

  • Restrictions on Your Account. To ensure that our Online Site remains reliable and secure, we reserve the right (i) to deny you the ability to create or cancel an Account, (ii) to restrict or limit the use of your Account, (iii) to remove the your Account and (iv) to terminate your right to access the Account.

  • Restrictions Applicable to Linked Accounts. In addition to the foregoing, we may also suspend, limit or terminate your use of our Online Site through any other Account used by you, linked to you or used in accordance with your instructions (“Linked Account”). We may assume that an Account is a Linked Account when it is possible to manually or automatically compare a sufficient number of overlapping data between different Accounts. Accordingly, we may take any of the protective measures listed in the Seller Terms of Use and / or Buyer Terms of Use against all linked Accounts. In the event that you disagree with our conclusions, you will be required to assume the burden of proof that the relevant Accounts are not Accounts linked to your business.

  • If you violate the Terms of Use, you will no longer be allowed to use our platform or register. In the event that we have taken steps to restrict, limit, suspend or cancel your Account in accordance with our Terms of Use, you will not be permitted to sign up with another Account or access and use our Online Site through the Account of a other User.

 

Article 6: Rules

In order to ensure that trading, use of online services, or bookings run smoothly and are free from interference, immoral, fraudulent and illegal behavior, as well as behavior contrary to our Terms of Use, the following rules apply:  

  • Our instructions are binding. You will be required to comply with any valid indications and instructions relating to online sales or the use of the services, which are provided by ixart.net or on its behalf. In the event of situations not covered by the Terms of Use, in the presence of disputes between Users or other irregularities, we will decide how to proceed on a case by case basis. For example, if you have any doubts about the authenticity of a Lot, we may ask you to send the Lot to us.

  • Each payment is binding. Any payment made on our website  online through automated procedures provided by us ("Offer") is binding and any Offer made from your Account will be deemed to have been made by you, even if the Offer is made by someone. other through your Account.

  • Certain agreements are not permitted outside the platform. Our Users are not allowed certain activities outside of the site, This includes:

    • Insert links or promote sites, articles or catalogs that can be used to order items outside of ixart.net;

    • Require the Buyer to make additional purchases or to accept terms outside of the announcement;

    • Cancel or not complete a contract after purchase

    • Charging excessive shipping costs and additional expenses not indicated in the price of the item, or offloading the Seller's fees to the Buyer; And

    • Falsely canceling orders by citing "the Buyer did not pay" as a reason, or refuse payment at the end of a successful transaction.

  • It is not possible to directly contact other Users or third parties to conclude a Sales Agreement outside ofixart.net, this case can only take place at the discretion of ixart.net if the seller has opted for this possibility, but in this case the latter is obliged to communicate to ixart.net the unavailability of the work.   With regard to works, services and reservations on our Online Site, you are not allowed to directly contact other Users or third parties to conclude a Sales Agreement outside of ixart.net. It can only happen if specified byixart.netat the moment of interest of the work. This restriction is necessary, because selling a work through another sales channel while in our online Art Market would mean not only a breach of our Users' trust, but also a direct breach of our Terms of Use and the Sales Agreement. (given that the resulting obligations can no longer be fulfilled).

  • ixart.netis not held responsible for services offered that do not meet customer expectations. In the event that a service is requested,ixaart.netputs in contact a professional inherent to the requested service. But ixart.net cannot be held responsible if the professional does not meet the client's needs. ixart.net puts in communication, without responsibility, professional and customer.

  • We may take some security measures before accepting your purchase. We may require you to provide an additional guarantee before we can bid on a work or service or reservation, for example by providing your credit or debit card details so that your offer can be correctly confirmed or otherwise provide a proof of payment security . 

  • Specific or additional conditions may apply to certain purchases. Specific or additional terms and admission requirements and / or legal age may apply to the purchase and / or (proposed in) sale of certain works, services, reservations, including but not limited to alcoholic beverages, weapons ( including ancient weapons), objects or works of art that are protected by cultural heritage legislation or (parts of) plants and animals that are protected by endangered species regulations (e.g. CITES). Such specific or additional terms may be stipulated on the Online Site or via messages or emails from ixart.net, after which they will form an integral part of the Terms of Use. You will be bound by these specific or additional terms if you submit such items for sale or bid on such items / works. This includes 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 to comply will justify the non-performance of any Service by ixart.net. 

  • We may terminate your participation in a service, booking, online purchase. We have the right to temporarily suspend or permanently disable the ability to bid on specific services or reservations at any time (before, during and after payment).

  • We may cancel an online payment. We have the right, at our discretion, to remove an ionline purchase if we deem it necessary (for example, in the event of possible abuse or fraud and in the event of an obvious mistake).

  • We may remove a work, a service, an online booking. We have the right, at our discretion, to remove an item / artwork scheduled for sale online or in progress if we deem it necessary. In case of elimination, even the possible purchase will be canceled.

  • We may extend to modify the sales schedule of works, services or reservations. In exceptional circumstances, at our discretion, we may extend the scheduled sale of a work, extend the period of a booking or the use of one of our services so that the date, place, cost is different from that previously published.

  • We may, in exceptional circumstances, terminate a Sales Agreement for works, services or reservations. In exceptional circumstances, but not limited to, force majeure, situations of (suspected) fraud or illegal activity, errors or interruptions of our Online Site or situations where there is a risk of serious negative consequences for ixart.net or for one of our Users, ixart.net, has the right to dissolve a Sales Agreement (“ontbinding”), without requiring any (notification of) default or other condition of formality. You irrevocably agree that ixart.net has this (third party) right under the Sales Agreement and that this right may be invoked against you. Furthermore, you hereby grant ixart.net an irrevocable power of attorney to invoke this right.

 

Article 7: Use of the online site

  • The Service may not be available to Users residing in certain countries. This includes countries that are not supported by our third party payment providers, embargoed or sanctioned countries, or countries with markets that are not commercially viable for ixart.net. We are authorized to restrict creating an Account and offering or selling on our Online Site if you reside in an unsupported country. In the event that you reside in a country that is added to the list of unsupported countries and have already created an Account, we will notify you and we may, at our discretion, limit our Service relating to that Account or cancel the Account. . Your Account is your responsibility and any use of the Online Site is at your own risk. The same applies to the use of technological tools, such as a computer or other devices and an internet connection, while using the online Site.

  • For safety, ask for information before purchasing a service or an object / opera 

  • By making use of the online Site, you are required to comply with all applicable national, EU and international legislation and binding laws regarding the exercise of the offer, presentation of items for sale, purchase and sale of Lots through the Site. online.

  • It is not permitted and you warrant that you or any person acting on your behalf is (i) designated by the United States as a Specially Designated National or Blocked Person (SDN), (ii) otherwise subject to economic sanctions regulations or other laws issued by the States States that would prohibit or restrict your use of our Online Site, (iii) designated under any economic sanctions regulation issued by the UK, the EU or any of its member states, (iv) owned or controlled by any person referred to in points (i) and / or (ii) and / or (iii) (individually or in combination), or (v) otherwise subject to any economic sanction applicable to ixart.net (collectively, a "Party subject to restrictions ”) and that you are not acting on behalf of or for the benefit of a restricted Party.

  • You agree not to carry out acts that may result in an unreasonable and / or disproportionate load on the infrastructure of the Online Site and / or which may hinder the functionality of our Online Site. You agree not to reverse engineer, try to obtain the source code, use viruses, trojans, worms, bots or other software or technical tools that may damage our Online Site, make our Online Site inaccessible or circumvent technical protection measures.

 

Article 8: User Material

While using our Online Site, you can send material such as descriptions, photographs of works of art, videos, certificates of authenticity, specifications, opinions, messages, sales offers and / or announcements ("User Material" ). The following rules apply to any uploaded User Material:

  • You understand and agree that you are responsible for the User Material you provide to ixart.net for posting online . 

  • You understand and agree that the User Material you submit or post on the Online Site:

    • It is not fallacious, inappropriate or false;

    • It is not discriminatory and / or derogatory in any way and is not otherwise offensive, does not incite violence and / or harass other people and, in the opinion of ixart.net, does not conflict with morality and good taste, does not it is violent, does not contain links to pornographic material or pornographic websites, and does not promote illegal activities;

    • It does not consist of chain letters, junk mail or spam and does not contain links to commercial or non-commercial websites;

    • It does not prejudice in any way the good reputation of ixart.net, of the companies connected to it and / or its employees;

    • It is free from charges, does not violate any laws or regulations or the Terms of Use, does not violate any third party rights (including, for the avoidance of doubt, intellectual property rights and other proprietary rights) and does not constitute in any other way unlawful in the against third parties or ixart.net; And

    • In the event that such User Material contains personal data, the uploading or insertion of the User Material is in accordance with applicable privacy laws.

  • By placing User Material on our Online Site, you grant ixart.net a free, royalty-free, worldwide, non-exclusive, perpetual and non-revocable license that allows you to make your Material of the User and / or to reproduce it for all purposes that ixart.net deems necessary (including promotional purposes). However, you retain all intellectual property rights in your User Material . 

  • This license allows us to promote your Lots and to promote our Site online in any format and through any channel both online and live. Under this license, we have the right to translate your User Material and promote it on our main page or in other promotional material (including social media), for the purpose of promoting your Lots and / or our Online Site. It is also for this reason that the license does not terminate if your Account is canceled or when you decide to stop using the Online Site. You also agree not to claim any moral rights on the use of User Material against ixart.net.

  • We have the right to have the User Material relating to a given Lot translated (including automated translations) so that the Lots can be presented to Users in different countries.  We may, at our discretion and in exceptional circumstances, change the description of the Lot, remove the Lot from the auction, terminate a Sale Agreement or cancel a transaction. 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. Such circumstances include incorrect Lot descriptions and translation errors . 

  • We have the right to remove or modify User Material from the Online Site, without being held responsible for any damage and without being obliged to pay any compensation to anyone.

  • If you believe that certain User Material is illegal, we kindly ask you to notify us. You can find more information on how to submit this communication here. The only obligation of ixart.net is to remove User Material of an unequivocally illegal nature after having received notification. We may not accept a request that we block or remove User Material or stop an activity if we have doubts about the validity of the communication or the lawfulness of the evidence provided.

 

Article 9: Termination, suspension and other measures

  • Termination by you. You can remove your Account at any time. ixart.net has the right to refuse the removal of the Account in the event that it is still necessary to fulfill certain obligations (such as payment or delivery obligations) towards ixart.net or other Users or in the event that there is the possibility that complaints related to recently sold Lots will still arise . 

  • Resolution for utility by ixart.net. Without limiting the rights of ixart.net specified below, ixart.net has the right to terminate the validity of the Terms of Use and / or your Account in the event that it is required by law to limit its Service to you or to if it is no longer in its commercial interest to provide you with the Service. This includes, for the avoidance of doubt, any situation in which ixart.net determines, or is otherwise indicated by any competent authority, that providing you with any Service is prohibited or sanctioned under any applicable economic sanctions laws and regulations to ixart.net.  

  • Termination due to cause by ixart.net. Any violation of the Terms of Use may result in the immediate termination of the validity of the Terms of Use and / or your Account without any formal requirements being necessary (such as an injunctive notification of non-compliance) ._ cc781905-5cde-3194-bb3b -136bad5cf58d_

  • Suspension of the Service. ixart.net has the right to suspend the Service if it has sufficient reason to believe that you are not acting in accordance with the Terms of Use. This means that we may suspend the use of any Accounts you use or manage under your terms.

  • ixart.net reserves the right to initiate complaints. To secure our rights and those of other Users (for example, if you violate our Terms of Use), we have the right, at any time and in our discretion, to (a) suspend a payment or refund, (b) withhold payment, (c) directly debit or offset any financial claim we may have against you with a financial claim you may have against us, (d) resort to payment or reimbursement to meet any financial claims we may have in yours comparisons, and (e) suspend or cancel payment until you have acted in accordance with a Sales Agreement or complied with our instructions. If any of these actions are governed by applicable law, we will only be able to act in accordance with such applicable law, including any applicable rules and regulations relating to economic sanctions.

  • ixart.net reserves the right to take additional protective measures. In addition to the foregoing, we may take other measures to protect our Online Site and other Users from unlawful, fraudulent or otherwise inappropriate behavior, or to comply with any applicable law, including any economic sanction rules and regulations applicable to ixart.net. I Terms of Use for Sellers e / o i Terms of Use for Buyers  contain possible additional measures we may take.

 

Article 10: ixart.net Intellectual Property Rights

All intellectual property rights, including patents, copyrights, trademark rights and rights inherent in databases within and on our Online Site, including - without limitation - intellectual property rights on texts, illustrations, graphics, photos, software, audiovisual material and other materials belong to ixart.net or its (sub) -licensors. ixart.net grants you, subject to the conditions described in the Terms of Use, a limited, personal, revocable, non-exclusive, non-licensable, non-transferable right to use the Online Site and view the Information in the manner and in the format in which they are made available through the online Site.

 

Article 11: Availability of the Site online

ixart.net has the right at any time to make procedural, technical, commercial or other changes or improvements to our Online Site without prior notice. We are also authorized to take our Online Site (temporarily) out of service and / or restrict the use of our Online Site if, (a) in our opinion, this is necessary (for example, in the context of reasonably necessary maintenance of the Online Site ) or (b) in case of force majeure; both in case (a) and in case (b), without any liability for any damages and without any obligation to pay any (form of) compensation.

 

Article 12: Guarantees and responsibilities

  • We strive to keep our Online Site at its best, but you understand that our Service is provided "as is" and without warranty of any kind (express or implied).

  • ixart.net does not warrant that (i) the Online Site will be safe or available at any particular time or place, (ii) any malfunctions or errors will be corrected, (iii) our Online Site will be free of viruses, other harmful materials or attacks hackers, or (iv) the results of using our Online Site will meet your expectations . 

  • If, at any time, our Online Site is not available or malfunctions or errors occur, or in the event of force majeure, at our discretion, we are authorized to take any measures we deem appropriate or necessary. These measures include, but are not limited to: extension of the sale of works or services, removal of works or services from the relevant sections of the site, cancellation of transactions and termination of sales contracts on behalf of Users. bb3b-136bad5cf58d_

  • ixart.net declines, within the limits of what is permitted by the law in force, any liability for damages resulting from:

    • The performance of our Service, including, without limitation, damages that arise from, or are related to, your use of our Online Site or from unlawful or other acts;

    • The conclusion, execution (including the shipment and delivery of the works or the use of services and reservations) and / or dissolution of a Sales Agreement by the Buyer or Seller;

    • The cancellation of a transaction by ixart.net or the dissolution of a Sales Agreement by ixart.net;

    • Our estimates, including estimates of Lot values, retail estimates and / or estimates of the revenue a Lot may generate that we (automatically) provide. We do not guarantee and cannot guarantee the correctness of these estimates, and therefore we decline any responsibility if it turns out that the value of certain Lots is higher or lower than the estimated value or the revenue generated;

    • Any errors in the text that are the result of translations with automatic procedure;

    • User material (such as photographs and artwork descriptions) that is illegal or infringes the rights of third parties;

    • Illegal use of the online Site;

    • Your use of the services of Third Party Service Providers and the acts and omissions of the (services) of Third Party Service Providers; And

    • Unavailability of our Online Site, technical problems or other errors on our Online Site.

  • Limitation of Liability. Should ixart.net, notwithstanding the foregoing, nevertheless be liable for damages of any origin, its obligation to compensate is limited to direct damages suffered by you as a result of non-fulfillment of our obligations towards you or wrongdoing towards you attributable to us. . However, we cannot be held liable for indirect or consequential damages, including but not limited to loss of income, loss of profits, reduced revenue and loss due to inactivity. Such direct damages include only (actual) financial losses, reasonable expenses incurred to prevent or limit direct damage, and reasonable expenses incurred to ascertain the cause of damage, liability and direct damage. If ixart.net is responsible for damage for any reason, its liability will in no case exceed the following amounts: (i) the total commission that ixart.net has received from the User in question in the period of the three months preceding the deed from which liability arises or (ii) € 500.00 (five hundred euros). This limitation of liability also applies to our administration, directors, employees, representatives and legal successors. This does not exclude our liability for gross negligence or willful misconduct committed by ixart.net or for damage resulting from injury to life, body or health.

  • Report a complaint directly to us in good time. It is your legal responsibility to verify proper execution by us and to file a claim if we fail to fulfill our obligations. You hereby agree to verify proper performance by us and to file a claim against us in the event of any failure in the performance of our obligations in writing within six (6) months of receiving our Service. A malfunction that is not reported to us within this six (6) month complaint period will be deemed to have lapsed and can no longer be invoked against us.

  • Limit period. Any dispute against ixart.net, by way of example but not limited to, of claims for damages, claims based on undue payments or claims regarding the fulfillment of our obligations towards you, will lapse after a period of twelve (12) months . This twelve (12) month period also applies if ixart.net has to pay or refund you, but you have not sent the contact, personal and / or banking information necessary to do so, after our request (at least once) by post. or by phone. In such situations, the period will run from the moment in which (i) the claim became due or (ii) the Sales Agreement was terminated by ixart.net on behalf of a User.

 

Article 13: Indemnity

To the fullest extent permitted by applicable law, you must fully indemnify us and any company affiliated with ixart.net, as well as our executives, directors, employees, representatives and legal successors, against claims of other Users and third parties, and all the damages and costs (including expenses incurred to obtain any compensation and / or compensation for any damages) ixart.net suffers or incurs as a result of (i) your breach of the Terms of Use, (ii) your breach of a Contract of sale, (iii) any improper action while using our Online Site, (iv) your violation of any law, regulation or third party right and / or (v) an unlawful act.

 

Article 14: Disputes with other Users

ixart.net requires Users to resolve any disputes between them. ixart.net will do everything reasonably possible to mediate between the Seller and the Buyer. 

  • To give us the opportunity to help you, any disputes and disputes between the Seller and the Buyer must be reported to us as soon as possible after the occurrence of the issue in question. We will endeavor, without obligation, to help you resolve the dispute in good faith and in line with the Terms of Use.

  • Even with our support, it is possible that the dispute will not reach a satisfactory conclusion. If so, you agree that we may decide, in our sole discretion, to refund the Buyer or make the payment to the Seller. We will base our decision on all relevant information available, taking into account any agreements between the Buyer and the Seller. Our decision has no effect on the validity of the Sales Agreement or on your rights derived from it. Regardless of the decision taken, the Buyer and the Seller are free to invoke the rights deriving from the Sales Agreement or to discuss the claims relating to the Sales Agreement with each other. We cannot be held liable for the payment of any damage or other compensation to the Buyer or the Seller in connection with our decisions made in an attempt to resolve disputes between Users . 

  • ixart.net reserves the right not to refund the Auction Fee and / or the Seller's Fee if users decide to terminate the Sales Agreement between themselves and without the involvement of ixart.net.

  • All Sales Contracts between Sellers and Buyers are governed exclusively by Dutch law. You accept and acknowledge, however, that it is possible that rules of international private law may result in the application of an additional (prevailing) law other than Dutch law in the case of a Sales Agreement with other Users.

 

Article 15: Disputes with ixart.net

If you are not satisfied with our Service, you can communicate it and ixart.net will try to resolve the matter. In the event that a solution cannot be found, the following rules will govern any (legal) dispute between you and ixart.net:

  • The Terms of Use, the use of our Online Site and any disputes arising therefrom are exclusively governed by Dutch law. If you are acting as a consumer, this choice of law leaves the mandatory consumer protection rules in your country of residence unaffected.

  • All disputes that arise between you and ixart.net will be submitted to the competent judge of the Bologna district, imperative law establishes that the dispute must be proposed to another judge. In the case of disputes with consumers, these are proposed to the competent judge of the Bologna district, unless the consumer, within one month of ixart.net invoking this provision in writing, chooses the judge who would be competent under the law.  

  • While we want to resolve any issues ourselves, it is important to know that you have the option of filing a complaint with an out-of-court dispute resolution body (see the ODR Platform website for more information).

 

Article 16: Modification of the Terms of Use

  • ixart.net may modify or supplement these Terms of Use at any time by posting the amended Terms of Use on the Online Site. If a change or supplement significantly affects your rights or obligations, we will notify you by email, or we will notify you of the changes while using the Online Site.

  • If you continue to use the Online Site after the modification or integration of the Terms of Use, you thereby demonstrate that you irrevocably accept the Terms of Use in the new amended or supplemented version. In the event that you do not accept the amended or supplemented Terms of Use, you can (and will need to) stop your use of the Online Site and delete your Account.

  • ixart.net reserves the right to transfer the rights and obligations arising from the Terms of Use to third parties, in which case you will be informed. If you do not find the transfer of obligations to third parties acceptable, you can stop using the Online Site and cancel your Account, subject to the applicability of the Terms of Use, including Article 9 of these General Terms of Use. -3194-bb3b-136bad5cf58d_

 

Article 17: Severability clause

In the event that one or more provisions of the Terms of Use are null or void in whole or in part for any reason, the User and ixart.net remain bound by the remaining Terms of Use. We will replace the null and / or invalid part (in relation to the specific User or specific situation) with valid provisions. Such new provisions will have legal consequences as much as possible in line with the invalid provisions, based on the content and subject matter of the Terms of Use.

 

Article 18: Contact

If you have any questions about the Online Site or the Terms of Use, you can contact ixart.net via the following contact information:  

 

info@ixart.net 

(Bologna, Italy)

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