Terms and conditions

Allegrarte (“Allegrarte,” “we” or “our“) provides a service for selling and purchasing original works of art (“Original Works of Art”) and commercially exploiting digital images of works of art (“Digital Works”), ( Original Works of Art and Digital Works hereinafter called together the “Services“) through our website, accessible at www.allegrarte.com (the “Site“). Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at www.allegrarte.com/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Allegrarte.

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Allegrarte reserves itself the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years or older.

Account registration

In order to list a work on the Site or to make a purchase through the Site, you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Registered User“. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Allegrarte reserves the right to suspend or terminate your Account at any moment if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are solely responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Allegrarte of any unauthorized use of your account.

Order cancellation

Allegrarte reserves the right to cancel any order for an Original Work of Art or Digital Work placed via the Site and Services if Allegrarte determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Allegrarte cancels an order placed via the Site and Services, Allegrarte will send you an email confirmation of such cancellation and you will not be charged for your order.

Return and refund policy

If you are not 100% satisfied with your purchase, you can send the purchased item back within 14 days after the date of receipt subject to the following restrictions. Only items in the original or similar packaging and in the same or identical condition as at the time of purchase will be refunded. The shipping costs are entirely at charge of the customer.  All items need to be send securely and well packed to the following address: Rue de Toulouse/Toulousestraat 30, 1040 Brussels. Allegrarte reserves itself the right to refuse any refund if the item has been damaged or has been sent beyond the period of 14 days.

Color

You understand and agree that Allegrarte uses commercially reasonable efforts to display the colors of Original Works of Art and Digital Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Allegrarte is not responsible for the color accuracy of any Original Works of Art or Digital Works displayed on the Site and Services, and disclaims all liability in this regard.

Ownership and copyright

The Site, Services and all contents are protected by copyright, trademark and other laws of Belgium and foreign countries. Except as expressly provided in these Terms, Allegrarte and its licensors exclusively own all right, title and interest in and to the Site, Services and content , including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or content. Allegrarte respects copyright law and expects its users to do the same. Allegrarte reserves the right to terminate at any moment the account of members who repeatedly infringe or are believed to be repeatedly infringing the right of copyright holders.

Termination and account cancellation

If you breach any of these Terms, Allegrarte will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Allegrarte reserves the right to revoke your access to and use of the Site, Services, any content at any time, with or without cause. In the event Allegrarte terminates these Terms on basis of your breach, you will remain liable for any amounts due hereunder. 

Indemnity

You agree to defend, indemnify, and hold Allegrarte, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, content, or your violation of these Terms.

Proprietary rights notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Allegrarte used herein are trademarks or registered trademarks of Allegrarte. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Applicable law and jurisdiction

These Terms and any action related thereto will be governed by the laws of Belgium without regard to its conflict of law provisions. The courts of Brussels will be exclusive competent for any dispute in relation to these Terms.

General interpretation clause

In these Terms Belgian legal concepts are expressed in English terms and not in one of the national languages used in Belgium and the concepts described may not be identical to the concepts described by the same English term as they exist under the laws of other jurisdictions. All legal concepts used or referred to in this Agreement should be exclusively interpreted according to their respective meaning under Belgian law.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Allegrarte and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Allegrarte and you regarding the Site and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Allegrarte’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Allegrarte may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

General

The failure of Allegrarte to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Allegrarte. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback“). You may submit Feedback by emailing us at feedback@allegrarte.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Allegrarte and you hereby irrevocably assign to Allegrarte and agree to irrevocably assign to Allegrarte all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Allegrarte’s request and expense, you will execute documents and take such further acts as Allegrarte may reasonably request to assist Allegrarte to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Contact

If you have any questions about these Terms, please contact Allegrarte at info@allegrarte.com.

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