Terms and Conditions

ArtOrigo User's Terms and Conditions

  1. Applicability of these Terms and Conditions
    1. This terms and conditions govern the use of the website at www.ArtOrigo.com (the “Website”) and the ArtOrigo applications (the “Apps”). The Website and the Apps are provided, owned and operated by ArtOrigo.com Kft. (“ArtOrigo”), with registered office at Csóka Street 1, Remeteszőlős, 2090 Hungary, company  registration number Cg 13 09 211139.
    2. By using the Website or the Apps together with any content and features therein (hereafter jointly the “Services”), you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Services.
    3. You must be at least 18 years of age the Services; by using the Website or App, you warrant and represent to us that you are at least 18 years of age.
  2. The purpose of ArtOrigo’s Services to you
    1. Through the Website and Apps ArtOrigo allows its registered vendors, art galleries, designers and designer firms, interior decorators, architect and architect firms, collectors and other dealers (hereafter the “Dealers”) to show on the Website and the Apps their items, products and works and inventories (the “Items”) to you and the other users of the Services.
    2. If you are interested in purchasing any of the Items displayed through the Services you may contact directly the relevant Dealer and enter into a direct sale contract with the Dealer. ArtOrigo only allows the Dealers to display their Items and is not responsible for any of the contents published by the Dealers, nor for any sales related transactions between the Dealer and the buyer. ArtOrigo does not collect commission after sales and transactions on the platform, nor does organize and support shipping and handling, financial transactions, any kind of refund, claim, the authenticity of the represented inventory, such as origin, C.O.A. (Certificate Of Authenticity), conditions reports, discoloration might appear on the Website and the Apps comparing the authentic color of the physical inventory, since every computer, smartphone, television screen, tablet and all kind of electronic equipment/device has difference layout pictures based on size, quality, capacity.
  3. Intellectual Property Rights
    1. Copyright (c) 2013-2021 ArtOrigo.com Kft.
    2. Subject to the express provisions of these terms and conditions, ArtOrigo, together with its licensors, owns and controls all the copyright and other intellectual property rights in the Website and App and the material contained therein. All the copyright and other intellectual property rights in the Website and Apps and the material contained therein are reserved.
    3. Subject to the limited exceptions set out below, neither the Apps, nor this Website, nor any part of them may be copied, reproduced, modified, publicly displayed, republished, distributed, extracted or reutilised in any form, without the prior written permission of ArtOrigo. Requests for permission should be addressed to: [info@artorigo.com].
  4. Acceptable use the Services
    1. Subject to the other provisions of these terms and conditions, you may view pages from the Website in a web browser or through the Apps, download pages from the Website for caching in a web browser or Apps and/or print pages from the Website.
    2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from the Website or save any such material to your computer or handsets.
    3. You may only use the Services for your own personal and business purposes, and you must not use our Services for any other purposes and except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Website.
    4. ArtOrigo reserves the right to restrict access to areas of the Website, or indeed our whole Website, at its discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
  5. Unacceptable Use
    1. You must not use the Website and/or Apps and/or Services:
      1. in any way that breaches any law, rule, decree, decision, judgment or regulation, or that has any unlawful or immoral purpose or effect;
      2. to transmit, or procure the sending of any unsolicited or unauthorised advertising, promotional material or similar communications and/or in any case use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
      3. to send, knowingly receive, upload, download, publish, post, distribute, disseminate, transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, libellous, obscene, offensive, abusive, hateful, threatening, inflammatory, harmful, infringing, pornographic, discriminatory, indecent, unsolicited, unauthorised, unlawful, objectionable or which may expose you or us to legal action or reputational damage;
      4. to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others; or
      5.  in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website and/or the Apps.
    2. You also agree not to:
      1. reproduce, duplicate, copy or sell any part of the Website or Apps, except as permitted by these terms and conditions;
      2. access without authority, interfere with, damage or disrupt, any part of the Website and/or the Apps; any equipment or network on which the Website is stored; any software used in the provision of the Website and/or the Apps; or any equipment, network or software owned or used by any third party.
  6. Your contents in the Website
    1.  If you use a feature of this Website that allows you to upload or post material, or to make contact with other users of this Website, you must ensure that all such contributions are compliant with applicable law and that they do not breach any intellectual property, privacy or confidentiality rights of a third party, or any legal or contractual duty owed to a third party. In particular, you must ensure that all the information you supply to us through the Website and Apps, or in relation to the Website and Apps, is true, accurate, current, complete and non-misleading.
    2.   ArtOrigo has the right to remove any post you make on the Website and/or any other type of material you post on the Website if, in ArtOrigo’s opinion, your post or material does not comply with these terms and conditions or otherwise within our complete discretion. Any material that you upload to the Website will be considered non-proprietary. ArtOrigo will not be responsible, or liable to any third party, for the content or accuracy of any material posted by you or any other user of this Website. When you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.  It may not be possible to provide you with the relevant services or information if you do not provide the minimum mandatory information required. 
  7. Viruses and compatibility
    1.  ArtOrigo has taken appropriate steps to detect computer viruses but ArtOrigo cannot guarantee that the Website or Apps are free from malfunctions, defects, bugs and viruses; or that the Website or Apps will operate correctly and as expected, at any given time. ArtOrigo shall not be liable for any loss or damage which occurs as a result of any virus, including without limitation any distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other materials.
    2.  You are responsible for configuring your information technology, computer programs and platform in order to access the Website or Apps and for protecting these with your own anti-virus software, firewalls and any other technical measures. ArtOrigo gives no warranties as to the compatibility of the Website and Apps with your information technology, computer programs and platform.
    3.  You must not misuse the Website and Apps by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, and/or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or which is otherwise malicious or technologically harmful. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack, or in any other way. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and you may also breach other applicable local laws.
  8.  Links to Third Party’s Websites
    1.  Our Website may contain links to other websites at different web addresses, some of which are owned and operated by third parties that are not controlled by ArtOrigo.
    2.  These terms and conditions do not cover these websites and ArtOrigo accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you access these websites using the links provided, the operators of these websites may collect and use personal information from you in accordance with their privacy policies, which will differ from ours.
  9. Registration and User Accounts
    1.   To be eligible to register as a user of our Services, you must be at least 18 years of age. You may register for a user account with the Website by completing and submitting the account registration form on the Website or App [ and clicking on the verification link in the email that ArtOrigo will send to you].
    2.   If you register for an account as a user of our Services, [ArtOrigo will provide you with] OR [you will be asked to choose] [a user ID and password]. Such user ID and password shall constitute the validation system for your accessing the Services and you expressly acknowledge and agree that said system constitutes the only acceptable way of identifying itself upon accessing the Website and the Apps. You agree that all acts performed using your user ID and password shall be deemed as your acts for all legal and contractual purposes and shall be binding upon you. You shall keep secret and protect tour user ID and password with due care and diligence. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  10. Cancellation and suspension of an account and notification of abuses
    1.  ArtOrigo may suspend, cancel your account and/or edit your account details, at any time in its sole discretion without notice or explanation.
    2.  If you learn of any unlawful material or activity on the Website, or any material or activity that breaches these terms and conditions, please let us know by email at the following email address: [inquiries@artorigo.com],
  11. Warranties, Liabilities and Indemnity
    1.   ArtOrigo does not warrant or represent: (i) that the material on the Website is accurate and/or up to date and in general the completeness or accuracy of the information published on the Website; or (b) that the Website, the Apps and/or any services on the website will remain available; and/or (c) that the Dealers and/or any third party will include accurate, reliable and/or accurate material on the Website.
    2.   ArtOrigo reserves the right to discontinue or alter any or all of the Services, and to stop publishing the Website, at any time in its sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if ArtOrigo stops publishing the website.
    3.   To the maximum extent permitted by applicable law and subject to Section 10.1, ArtOrigo excludes all representations and warranties relating to the subject matter of these terms and conditions, the Website, the Apps and the use of the Services.
    4.   Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
    5.  The limitations and exclusions of liability set out in this Section 10.5 and elsewhere in these terms and conditions are subject to Section 10.4 and  govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions. To the extent that the Website, the Apps and the information and Services on the Website are provided free of charge, ArtOrigo will not be liable for any loss or damage of any nature. ArtOrigo will not be liable to you in respect of any losses arising out of any event or events beyond ArtOrigo’s reasonable control. ArtOrigo will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. ArtOrigo will not be liable to you in respect of any loss or corruption of any data, database or software. ArtOrigo will not be liable to you in respect of any special, indirect or consequential loss or damage.
    6.  You agree and acknowledge that: (i) no sale of Items shall occur on the Website and/or through the Apps and ArtOrigo is not a party to any such sales to you. ArtOrigo assumes no liability whatsoever as to the contents and/or actions of the Dealer and is not involved in any way whatsoever in the sale contracts between you and the Dealers which may result out of any contacts you may have with the Dealers, even if based on the information published by them in the Website; (ii) any obligation connected with the sale contract are assumed exclusively by the relevant sellers and ArtOrigo shall not incur into any liability in connection thereto. 
    7.  You hereby agree to indemnify ArtOrigo, and undertake to keep ArtOrigo indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of the Website or the Apps or any breach by you of any provision of these terms and conditions.
  12. Breaches of these terms and conditions and Termination
    1.  Without prejudice to ArtOrigo’s other rights under these terms and conditions, if you breach these terms and conditions in any way, or if ArtOrigo reasonably suspects that you have breached these terms and conditions in any way, ArtOrigo may, in its sole discretion, temporarily suspend your access to the Services permanently prohibit you from accessing the Website and/or Apps.
    2.  ArtOrigo reserves the right, in its sole discretion, to terminate your access to all or part of this Website with or without notice.
  13. Privacy and cookies

The Privacy Policy explains how ArtOrigo collects and uses your personal information and the Cookie Policy provides information about the cookies that ArtOrigo uses.

  1. Variations and Changes and Updates to the terms and conditions
    1.   ArtOrigo may update this Website from time to time, change the content at any time and ArtOrigo may suspend, withdraw, discontinue or change all or any part of this Website without notice. As such, there may be times when this Website is unavailable for use.
    2.  ArtOrigo may change these terms and conditions from time to time. When ArtOrigo changes these terms and conditions, it will publish the updated terms on the Website.  Please check these terms and conditions regularly. Subject to applicable law, all changes will take effect as soon as ArtOrigo publishes the updated terms and conditions, but where legally required to do so, ArtOrigo may take additional steps to inform you of any material changes to these terms and conditions and may request that you agree to these changes.
  2. Trademarks

ArtOrigo’s logos and ArtOrigo’s other registered and unregistered trademarks are trademarks belonging to ArtOrigo; ArtOrigo gives no permission for the use of these trademarks, and such use may constitute an infringement of ArtOrigo’s rights. The Dealers’ and the other third party registered and unregistered trademarks or service marks on the Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, ArtOrigo does not endorse and are not affiliated with any of the holders of any such rights and as such ArtOrigo cannot grant any licence to exercise such rights. The unauthorized use of the Trademarks of the Dealers and the third party may constitute an infringement of ArtOrigo’s rights.

  1. Assignment
    1.  You hereby agree that ArtOrigo may assign, transfer, sub-contract or otherwise deal with ArtOrigo’s rights and/or obligations under these terms and conditions.
    2.  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions
  2. Severance

Should one or more provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these terms and conditions. In place of any provisions which are invalid or not incorporated in these terms and conditions the relevant statutory provisions shall apply. In all other cases, the parties shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original economic purpose, provided a supplementary interpretation of these terms and conditions does not have precedence or is not possible.

  1. Waiver

Our rights under these terms and conditions may only be waived in writing.

  1. Third party rights
    1.  A contract under these terms and conditions is for ArtOrigo's benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2.  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  2. Entire agreement

Subject to Section 23.1, these terms and conditions [, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of the Website and shall supersede all previous agreements between you and us in relation to your use of the Website.

  1. Applicable Law and jurisdiction
    1.  These terms and conditions shall be governed by and construed in accordance with English law.
    2.   Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  2. Statutory and regulatory disclosures
    1.  ArtOrigo will not file a copy of these terms and conditions specifically in relation to each user or customer and, if ArtOrigo updates these terms and conditions, the version to which you originally agreed will no longer be available on the Website. ArtOrigo recommends that you consider saving a copy of these terms and conditions for future reference.
    2.  These terms and conditions are available in the English language only.
    3.  ArtOrigo is registered in Csóka Street 1, Remeteszőlős, 2090 Hungary ; you can find the online version of the register at the Registry Court website, and our company registration number is Cg 13 09 211139.
    4. Our VAT number is HU 26583897 (26583897-2-13).
  3. Contact Details

You can contact us:

  1. By post, using the postal address ArtOrigo.com Kft., d/b/a/ ArtOrigo.com: Csóka Street 1, Remeteszőlős, 2090 Hungary
  2. Click on “Contact” on the website
  3. By email, using inquiries@artorigo.com

 

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