1. Acceptance of the general terms and conditions
TheseTerms of Use constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity ("you") and XIZA Gallery("Company," "we," "us," or "our"),concerning your access to and use of the http://www.xizagallery.com website aswell as any other media form, media channel, mobile website or mobileapplication related, linked, or otherwise connected thereto (collectively, the"Site"). You agree that by accessing the Site, you have read,understood, and agreed to be bound by all of these Terms of Use.
IFYOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLYPROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplementalterms and conditions or documents that may be posted on the Site from time totime are hereby expressly incorporated herein by reference. We reserve theright, in our sole discretion, to make changes or modifications to these Termsof Use from time to time. We will alert you about any changes by updating the"Last updated" date of these Terms of Use, and you waive any right toreceive specific notice of each such change. Please ensure that you check theapplicable Terms every time you use our Site so that you understand which Termsapply. You will be subject to and will be deemed to have been made aware of andto have accepted, the changes in any revised Terms of Use by your continued useof the Site after the date such revised Terms of Use are posted. Theinformation provided on the Site is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Site from other locations do so on theirown initiative and are solely responsible for compliance with local laws, ifand to the extent local laws are applicable.
2. Site Operator – contact
The Siteis operated by XIZA Gallery, a company registered with the KVK in theNetherlands andunder number 82469008, whoseregistered head office is located at Merwedestraat 43, Groningen 9725KA, theNetherlands (hereinafter: « XIZA Gallery »).
XIZAGallery can be contacted at the following address, in particular for claims:
Postaladdress: Merwedestraat43, Groningen 9725KA, the Netherlands
Telephone: +31 6 25 50 03 50
Email: info@xizagallery.com
3. Access to the Site and Services – Delivery Areas
3.1 Legal capacity
The Siteand Services are accessible:
– To anynatural person aged 18 or older having full legal capacity to agree to thepresent general terms and conditions. Any natural person who does not have fulllegal capacity can only access the Site and Services with the consent of theirlegal representative.
– Anylegal person acting through the intermediary of a natural person having legalcapacity to enter into contracts in the name and on behalf of the legal person.
3.2 Delivery areas
The Worksare offered for sale and can be delivered worldwide.
4. Purpose
Thewebsite www.xizagallery.com (hereinafter: the « Site ») allows artenthusiasts (hereinafter: the « Users ») to discover and acquireworks of art (hereinafter: the « Works ») directly from the artistswho created them (hereinafter: the « Artists »).
Thepurpose of these general conditions is to outline the terms and conditions foronline sales offered on the Site and define the rights and obligations ofparties involved. They alsogovern the services offered to Users other than online sales (hereinafterreferred to as the « Services »)
They areaccessible and may be printed at any time using the link at the bottom of everypage of the Site.
Salesmade through the Website are executed directly between the Buyer and theSeller. XIZA Gallery is in no way a reseller of the Artworks offered by theSellers on the Website.
XIZA Gallery acts as a simple intermediaryoperating the Website enabling Sellers and Buyers to connect.
Consequently,XIZA Gallery is not a Party to the sale contract, which is executed solelybetween the Buyer and the Seller, who is the sole seller of the Artworks and issolely liable for the obligations related.
The termsand conditions of sale which may be laid down by the Seller in each of itsoffers, the legal provisions and contractual liability shall apply to the salecontract executed between the Buyer and the Seller.
Specificconditions of use may be applicable to certain Services, in addition to thesegeneral conditions and, in the event of contradiction, prevail over them.
5. Order
The Seller offers the Artworks for sale on theWebsite.
Each proposed Artwork comes along a shortdescription containing information on its support, dimension, and nature.
To purchase an Artwork, the Buyer must select theArtwork of his/her choice, place it in his/her shopping cart and fill in theinformation required for the order. Before confirming the order, the Buyer mustcheck the information contained in the order summary, and has the possibilityof correcting any errors, as well as agreeing on the delivery costs.
The Worksare offered for sale by the Artists subject to their availability.
The Usermay select Works by different Artists in the same order. However, the User isexpressly informed and accepts that the purchase from each Artist is, from alegal point of view, the object of a separate sales contract.
The Buyer accountwill not be debited until the validation of the purchase offer, carried outwithin 48 hours from the order by XIZA Gallery, in order to ensure theavailability of the Artwork by the Seller.
In the event the Artwork is not available, an emailinforming the Buyer will be sent within 48 hours from the order, resulting inthe cancellation of the order.
- SPECIFICCASES OF REQUESTS FOR CUSTOMISATION OF ARTWORKS
A "customization request" is defined asany change requested by the user that results in a modification of the initialcharacteristics of the Artwork (size, material, aspect...).
If the Artwork (in stock or to be produced) issubject to a customization request from the Buyer, the Seller will make aquotation to the Buyer and will wait for its validation before producing theArtwork. The quotation contains a provisional delivery date for the customizedArtwork.
If XIZA Gallery has confirmed receipt of paymentwithin 3 working days of the quotation being sent to the Buyer, the sale isthen considered to have been concluded under the terms of these T&Cs.
If after 3 working days XIZA Gallery has notvalidated the order by confirming receipt of payment, the order is cancelled.
- Images, catalogues, drawings and other informationprovided to or by XIZA Gallery are subject to change without prior notice andare not binding on XIZA Gallery.
- Colors: The colors of the products as shown on the XIZAGallery website may be different in reality. XIZA Gallery shall not be liablefor any such color deviations.
6. Implementation of Online Sales
The Siteallows Artists and Users to be put in contact with each other for the purposeof direct sale of their Works by the former to the latter, according to themethods described below. Theestablishment of this relationship, as well as the Services described inArticle 8, are provided using the format, features and technical meansthat XIZA Gallery consider to be most appropriate.
6.1 Identification of sellers and Product features
The Worksare offered for sale by the Artists identified on the Site; XIZA Gallery actssolely as an intermediary between Artists and Users , assisting them with anynecessary communication. Before ordering online the User may consult, on theSite, the characteristics of each Work he/she wishes to order. Thereproductions and descriptions of the Works offered for sale online are asprecise as possible. They only commit the Artists to what is specificallyindicated.
6.2.1 Sale prices
The saleprices of the Works are displayed on the Site. They are indicated in euros, alltaxes included. The applicable prices are those displayed on the Site at thetime of the order. The sale prices of the Works do not include the applicabledelivery charges, which are invoiced in addition to the price of the Workspurchased. The amount of the applicable delivery charges will be indicatedbefore the validation of the order by the User.
Warning:For deliveries to countries outside the European Union, customs duties or localtaxes may be payable and may be invoiced upon receipt of the package by theUser, in addition to the price paid on the Site. These duties and taxes, ofwhich XIZA Gallery cannot determine the exact amount in advance and of which itcannot therefore inform the User prior to his order, remain the responsibilityof the User, who is solely responsible for the proper completion of the orders.
Warning:for deliveries to countries outside the European Union, customs duties or localtaxes may be payable and invoiced upon receipt of the package by the User, inaddition to the price paid on the Site. XIZA Gallery cannot determine the exactamount of these duties in advance and therefore cannot inform the User prior toordering; they are the responsibility of the User, who is solely liable for theproper implementation of any declarations and/or formalities relating thereto.
6.2.2 Payment terms and conditions
Unlessotherwise indicated on the Site, the entire price is due at the time of theorder. Payment can be made online:
– throughthe secure online payment services Stripe, Paypal or bank transfer proposed onthe XIZA Gallery website
– or byany other means proposed on the Site at the time of ordering.
The Userguarantees that he/she is authorised to use the chosen payment method.
XIZAGallery reserves the right to suspend or cancel any order and/or delivery, inthe event of non-payment of any sum due by the User, in the event of a paymentissue, or in the event of fraud or attempted fraud relating to the use of theSite.
6.2.3 Retention of ownership
EachArtist retains full and complete ownership of the Works he or she has solduntil their price has been received in full.
6.3 Delivery
Shippingof the Works are made to the address indicated at the time of the User’s orderas “delivery address” (which may be different from the invoicing address) andwithin an expected time limit indicated in the order confirmation email.
Ifdelivery is not made within the first delivery date, the User may cancel theorder, by registered letter with acknowledgement of receipt or in writing byanother means addressed to XIZA Gallery, which will then be forwarded to theArtist, if, after having instructed the Artist through a request addressed to XIZAGallery on the same terms to make the delivery within a reasonable additionalperiod, the Artist has failed to fulfil the deadline.
Thecontract in this case will be considered terminated upon receipt by XIZAGallery of the letter or written notice informing them of this termination,unless the Artist has completed the Order in the meantime.
In theevent of termination of the contract in accordance with the above terms, theUser shall be reimbursed for all sums paid, at the latest within fourteen (14)days of cancelling the contract.
XIZAGallery reserves the right to contact the User to propose alternative solutionsfor the reimbursement of the price of the Works. The User must explicitlyconfirm their choice of an alternative repayment method.
When theUser’s order involves the Works of several Artists, given that each purchasefrom a given Artist constitutes a separate sales contract, termination in theevent of non-delivery within the announced deadline shall be carried outaccording to the same procedures detailed above, Artist by Artist.
6.3.1
Unless alternative arrangements have been made, delivery shall take place onlyafter the purchase price for the products has been received by XIZA Gallery.
6.3.2
Thestated delivery times shall never be regarded as deadlines, unless expresslyagreed otherwise. In the event of non-timely delivery, XIZA Gallery musttherefore be given written notice of default.
6.3.3
Thedelivery time will begin on the latest of the following dates:
6.3.3.1
The working day after the contract comes into effect;
6.3.3.2
The day following the receipt by XIZA Gallery of the documents, data, permitsetc. required for the implementation of the contract;
6.3.4
The day of receipt by XIZA Gallery of the advance payment payable by the customer,if any, in accordance with the contract.
6.3.4.2
If the delivery is prevented by force majeure, in whole or in part, XIZA Gallery shallbe entitled to suspend delivery, or to rescind the contract insofar as it hasnot been implemented, in whole or in part, and to demand payment in respect ofthose parts of the agreement which have been implemented, without anyobligation to pay any compensation to the customer.
6.3.5
Inthese terms & conditions , force majeure is understood to mean anycircumstance independent of the will of XIZA Gallery — even if it could havebeen foreseen at the time that the contract was concluded — which prevents theperformance of the contract either permanently or temporarily, as well as,insofar as not already included under that definition: war, danger of war,civil war, riots, strikes, workers' lockouts, transportation difficulties,epidemics, pandemics, fire and/or serious disruptions to the business of XIZAGallery or its suppliers.
6.3.6
Following proper consultation, XIZA Gallery may ship one or several products inportions, with each shipment being payable separately.
6.3.7
Unless otherwise agreed in writing, domestic shipping of the products will beperformed by a carrier chosen by XIZA Gallery. The costs of transport andinsurance and any import and export duties and licences will be charged on tothe customer on the basis of previously agreed rates, pursuant to article 4.4.
6.3.8
Fordomestic shipments, XIZA Gallery shall remain responsible and liable towardsthe customer for transport, insurance and any import and export duties andlicences for the products up to the moment of delivery (Incoterms 2010:Delivered Duty Paid). For international shipments, XIZA Gallery assumes noresponsibility for the transport of the products, nor for related insurance orany import and export duties and licences (Incoterms 2010: ExWorks).
6.3.9
Thedelivery of goods shall take place at the location chosen by the customer, inwhich case the goods shall be regarded as having been delivered by XIZA Galleryand accepted by the customer as soon as the goods have been supplied to thecustomer and/or as soon as the goods have been loaded onto the means oftransport of the customer or his carrier.
6.5 Right of withdrawal
The Userhas a period of 14 (fourteen) calendar days from the date of reception of theOrder to withdraw from the Order without having to provide justification or payany penalties.
If a customer exercises his right of withdrawal,the customer shall pay for:
The packing costs if the packaging is no longeravailable. All costs associated with the return shipment (including the cost ofthe insurance and any import and export duties and licences for the products)
A customer can use the carrier which previously deliveredthe product to return it, in which case the instruction to the carrier will beissued on behalf of the customer, either by XIZA Gallery or otherwise; however, the customer isalso free to choose a private carrier or make his own arrangements to returnthe product(s).
If theUser wishes to exercise this right of withdrawal, XIZA Gallery must be sent, tothe address mentioned in Article 2 of these conditions, before the end of theabove deadline, the duly completed withdrawal form attached to these generalterms and conditions, or a declaration clearly expressing his/her willingnessto withdraw, which indicates the Work and the Artist in question. XIZA Gallerywill forward the form or declaration as soon as possible to the Artist inquestion and the User will be emailed the Artist’s contact details, as well asa pre-paid shipping note, to return the Work.
The Workmust be returned directly to the Artist or to Xiza Gallery depending on theWork, in its original packaging, without undue delay and within 14 (fourteen)calendar days after the User expresses his or her intention to withdraw. A copyof the corresponding purchase invoice must be sent with the Work. The User isdeemed responsible if the Work is in any way damaged once returned to theArtist or to XIZA Gallery.
XIZAGallery must be informed of the receipt or non-receipt of the Work by theArtist. If XIZA Gallery does not receive this information within 14 (fourteen)calendar days of notification of the User’s intention to withdraw, the Work shallbe deemed to have been returned to the Artist.
During the cooling-off period, the customer shallhandle the product and the packaging with care. He shall only use the productto the extent necessary to establish the nature, characteristics, effect in thespecific situation and operation of the product. The basic principle in thisregard is that the customer may only handle and inspect the product as he wouldbe permitted to in a store, on the understanding that he may hang or place theproduct in the space where it would eventually have been placed after thepurchase had been finalized, without making any changes to the product.
During the cooling- off period, the product shallremain at the customer's expense and risk, which is to say that all damage tothe product shall be for his expense. Apart from damage, the customer shallonly be liable for depreciation of the product that is the result of anyhandling of the product which extends beyond that permitted.
The customer shall return the product with all thesupplied accessories, in its original condition and, if reasonably possible, inits original packaging and in accordance with the reasonable and clearinstructions provided by XIZA Gallery.
The risk and burden of proof for the correct andtimely exercise of the right of withdrawal lies with the customer.
As soon as possible, but in any event within 14days of the day following the notification referred to in article the customershall send the product back, or hand it to (a representative of) XIZA Gallery.This is not required if XIZA Gallery has offered to collect the product itself.The customer has in any event complied with the deadline for returns if hereturns the product before the cooling-off period has expired.
The Userwill be reimbursed as soon as possible for all sums relating to the order.However, XIZA Gallery reserves the right to defer this refund until the Workshave been returned to the Artist or to XIZA Gallery.
When theUser’s order involves the Works of several Artists, given that each purchasefrom a given Artist constitutes a separate sales contract, right of withdrawalis applicable according to the same procedures detailed above, Artist byArtist.
For any order of a work specifically made by theArtist at the request of the Client, the work will not be subject tocancellation or refund. The right of withdrawal will not apply.
6.6 Legal guarantees
The Artists undertake to respect and implement thelegal guarantees all the Users benefit from, namely the guarantee of non-conformity,as well as for hidden defects of items sold, including defects resulting fromthe packaging of the Works.
If theUser notices that the Work delivered has a defect, is non-conforming to itsdescription or damaged, XIZA Gallery must be informed using the addressmentioned in Article 2 hereof, indicating the nature of the defect,non-conformity or damage and any useful proof, in particular, photograph(s). XIZAGallery will inform the Artist in question as soon as possible and will emailthe User the Artist’s contact details in order to return the Work.
Afterdiscussion and if legitimate, XIZA Gallery will organize with a carrier theterms of the return, and will inform the User and the Artist of the applicableterms by any necessary means. The Artist must bear the cost of any deliverycharges incurred.
The Workmust be returned to the Artist or to XIZA Gallery in its original packaging. Acopy of the corresponding purchase invoice must be sent with the Work.
If thereturn process does not comply with the terms described above, the returnedWorks cannot be accepted.
TheArtist shall carry out the necessary checks and offer to restore or replace theWork when possible. If it is impossible to restore or replace the Work, theUser will be refunded the full price paid for the Work and any correspondingdelivery costs, by any appropriate means, as soon as possible and at the latestwithin 14 (fourteen) calendar days, following the date the Artist informed theUser and XIZA Gallery of the impossibility of restoring or replacing the Work.
It is tobe noted that, when acting as a legal guarantee of conformity, any consumer:
– may act within a two-year period after the goodshave been delivered;
– may choose between repairing or replacing thegoods.
– is exempt from having to provide proof of theexistence of the goods’ lack of conformity during the 24 months followingdelivery.
It is also reiterated that the legal guarantee ofconformity applies regardless of any commercial guarantee that may have beenissued.
Allconsumers are free to implement the legal guarantee on latent defects of itemssold. In this case, the consumer may choose between cancelling the sale orreducing the sale price in accordance with Article 1644 of the Civil Code.
When theUser’s order involves the Works of several Artists, given that each purchasefrom a given Artist constitutes a separate sales contract, the legal guaranteesare applicable according to the same procedures detailed above, Artist by Artist.
7. Services for the benefit of Users
Regardlessof the possibility of purchasing Works according to the terms described in thisdocument, Users can benefit from the following Services:
– Theycan subscribe to the XIZA Gallery newsletter,
– Theycan follow Artists and select Works from their « wishlist »,
– Theymay use the live chat service to contact XIZA Gallery customer services.
XIZAGallery reserves the right to offer any other Service it deems useful, in anyformat and according to the technical features and resources the companyconsiders most appropriate.
8. Services provided free of charge
XIZAGallery Services are provided to Users free of charge for the benefit of theArtists, since Users only have to pay the price of the Works.
9. User obligations
Withoutprejudice to the other obligations stipulated in the present terms andconditions, Users undertake to comply with the following obligations.
9.1
When theUser is a business, he/she is solely responsible for the implementation of theresale right if he/she decides to resell the Work at a later date.
9.2
The Useris solely responsible for the accuracy, completeness and relevance of theinformation he/she provides to XIZA Gallery for the purpose of carrying out theServices, in particular his/her contact details.
9.3
When theUser has the possibility to publish content of any kind (editorial, graphic,audio, audiovisual or other, including any name and/or image chosen by the Userto identify him/her on the Site, hereinafter referred to together as the« Content ») as part of the Services, the User is solely liable forthe Content.
The Usermust ensure XIZA Gallery that he/she has all the rights and authorizationsnecessary to publish this Content.
The Userundertakes to ensure that such Content is lawful, does not infringe upon publicorder, morality or the rights of third parties, does not infringe on anylegislative or regulatory provision and, more generally, will in no way bring XIZAGallery into civil or criminal liability.
The Useragrees not to distribute, in particular and but not exclusively, the following:
– Contentthat is pornographic, obscene, indecent, offensive, unsuitable for a familyaudience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– Contentthat infringes or constitutes a plagiarism of already existing Works,
– Contentthat may be harmful to the image of a third party,
– Contentthat is false, misleading or that provides or promotes illegal, fraudulent ordeceptive activities,
– Contentharmful to third parties’ computer systems (such as viruses, worms, Trojanhorses, etc.),
– andmore generally Content likely to infringe the rights of third parties or beharmful to third parties, in any way and in any form whatsoever.
9.4
The Userundertakes to make strictly personal use of the Site and Services and thereforerefrains from assigning, conceding or transferring all or part of his/herrights or obligations under the present contract to a third party, in anymanner whatsoever.
9.5
The Usermust take the necessary measures to safeguard, by his/her own means, anyinformation in his/her Personal Settings that he/she deems to be necessary. TheSite will not provide a copy of such information at a later date.
10. Prohibited behaviour
10.1
It isstrictly prohibited to use the Services for the following purposes:
– anyillegal, fraudulent activities or activities that infringe the rights or safetyof third parties,
– anybreach of public order or violation of laws and regulations in force,
– anyintrusion into a third party’s computer system or any activity likely to harm,control, interfere with, or intercept all or part of a third party’s computersystem, violating its integrity or security.
– sendingunsolicited emails and/or commercial prospecting or solicitation,
– anyoperations intended to improve the referencing of a third-party site,
– any useof the Site to disseminate information or links redirecting to a third-partysite, assistance or incitement, in any form and in any manner whatsoever, toone or more of the acts and activities described above,
and on abroader level, any other practice that may misuse the Services for any purposesother than those for which they were intended.
10.2
Users arestrictly prohibited from copying and/or misusing the concept, technologies orany other element of the XIZA Gallery Website for their own purposes or thoseof third parties.
10.3
Thefollowing is also strictly prohibited: (i) any conduct likely to interrupt,suspend, slow down or prevent the continuity of the Services, (ii) anyintrusions or attempted intrusions into XIZA Gallerysystems, (iii) any diversion of the Site’s system resources, (iv) any actionslikely to impose a disproportionate burden on the Site’s infrastructure, (v)any breach of security and authentication measures, (vi) any acts likely toaffect the financial, commercial or moral rights and interests of XIZA Gallery orusers of its Site, and lastly, more generally (vii) any breach of these generalterms and conditions.
10.4
It isstrictly forbidden to exchange, sell or grant full or partial access to theServices or the Site, as well as the information hosted and/or shared on theSite.
11. Penalties for non-compliance
If a Userfails to comply with any of the provisions of these general terms andconditions or any laws and regulations in force, XIZA Gallery reserves theright to take the appropriate actions and in particular:
(i)suspend access to the Site and Services of the User, who committed orparticipated in the breach or infringement,
(ii)delete his/her Account,
(iii)delete any Content posted on the Site,
(iv)publish on the Site any information that XIZA Gallery deems useful,
(v)notify any relevant authority,
(vi)pursue any legal action.
12. Liability and warranty on behalf of XIZA Gallery
12.1
XIZAGallery undertakes to provide the Services diligently and in accordance withthe most recent, best practices. It is specified that XIZA Gallery is under anobligation of means, with theexception of any performance obligations and the Users expressly acknowledge andaccept this.
12.2
Other than the Works and presentations of the Artist published onhis/her Profile, XIZA Gallery is not aware of any Content that may be postedonline by Artists or Users as part of the Services, and therefore, XIZA Gallerydoes not exercise any moderation, selection, verification or control of anykind and only acts as a hosting provider.
Consequently,XIZA Gallery cannot be held liable for the Content, the authors of which arethird parties, and any possible claim shall be directed in the first instanceto the author of the Content in question. Content harmful to a third party maybe reported to XIZA Gallery. XIZA Gallery reserves the right to take themeasures described in article 12.
12.3
XIZAGallery acts as an intermediary in that it provides Artists and Users with thenecessary tools and technical means to enter into a relationship for thepurpose of buying and/or selling Works through the Site. XIZA Gallery acts inits own name and shall not take any legal action in the name and on behalf ofthe Artists or Users, who enter into direct contracts with each other.
XIZAGallery is not bound by contracts concluded between the Artists and the Usersand may under no circumstances be held liable for any difficulties that mayarise during the conclusion or execution of these contracts, nor be a party toany disputes whatsoever between an Artist and a User concerning the guarantees,declarations and other obligations that the Artist or the User undertook tocomply with.
However,in order to constantly improve the quality of the Services, XIZA Gallery invitesUsers to send any comments or information they may wish to bring to thecompany’s attention regarding the quality of transactions carried out using theServices.
12.4
XIZAGallery undertakes to carry out regular checks to verify the proper functioningand accessibility of the Site. As part of these checks, XIZA Gallery reservesthe right to temporarily interrupt access to the Site for maintenance purposes.
Similarly,XIZA Gallery cannot be held responsible for any temporary difficulties orinability to access the Site due to circumstances beyond XIZA Gallery control,force majeure, or disruptions in the telecommunications networks.
12.5
In anyevent, XIZA Gallery may only be held liable, under the present contract, todirect damages proven to have affected a User.
13. Intellectual Property
Thesystems, software, structures, infrastructures, databases and content of allkinds (texts, images, visuals, music, logos, trademarks, databases, etc…) thatare used by XIZA Gallery on the Site are protected by all intellectual propertyrights or database producers’ rights in force.
Anydismantling, decompiling, decryption, extraction, reuse, copying and, moregenerally, any act of reproduction, representation, distribution and use of anyof these elements, in whole or in part, without the authorization of XIZAGallery, or the Artists where applicable, is strictly prohibited and may besubject to prosecution.
14. Personal Data
XIZAGallery has a personal data protection policy, the details of which are set outin the document entitled « Privacy and Cookie Policy », which theUser is hereby expressly encouraged to read.
15. Advertising
XIZAGallery reserves the right to insert on any page of the Site and in any messageto Users advertising or promotional messages in a format and under conditionsthat shall be determined by XIZA Gallery alone.
16. Links and Third Party sites
XIZAGallery cannot under any circumstances be held responsible for the technicalavailability of websites or mobile applications operated by third parties(including any partners) that the User may access via the Site.
XIZAGallery assumes no responsibility for the content, advertising, products and/orservices available on such third-party sites and mobile applications, which aregoverned by their respective terms and conditions of use.
XIZAGallery is also not responsible for transactions between the User and anyadvertiser, business or retailer (including potential partners) to whom theUser may be directed through the Site and may not under any circumstances beheld liable for any disputes whatsoever with these third parties, particularly concerningthe delivery of products and/or services, guarantees, declarations and otherobligations which these third parties are subject to.
17. Duration of Services and subscriptioncancellation
17.1
Subscriptionto the services is valid for an indefinite period.
17.2
The Usermay unsubscribe from the Site at any time, by sending a request to XIZA Galleryby email, using the contact details outlined in Article 2.
Thiscancellation is effective within a maximum period of 7 (seven) days followingthe request. It results in the automatic removal of the User’s Account.
17.3
When theUser’s subscription cancellation is caused by refusal to accept anymodification of these general conditions, the general conditions previouslyaccepted by the User shall remain applicable until the effective date of thesubscription cancellation.
17.4
XIZAGallery may terminate the User’s access to the Services, without having toprovide any justification, by registered letter with acknowledgement ofreceipt, subject to a one-week period of notice.
18. Amendments
XIZAGallery reserves the right to modify these general terms and conditions at anytime.
Userswill be informed of these changes by the appropriate means or by accessing themodified general terms and conditions of sale at the time of any orderplacement following the implementation of these changes.
Users whodo not accept the modified general terms and conditions must unsubscribe fromthe Site in accordance with the terms and conditions set out in Article 18 andmay no longer place any orders.
Any Userwho orders or uses the Services after the amended terms and conditions comeinto force must have accepted these modifications.
19. Language of the terms and conditions
In theevent of a translation of these general terms and conditions into one or morelanguages, Spanish and French will be used for any interpretation in the eventof contradiction in terms and dispute on the meaning of any concept andprovision.
20. Mediation procedure
The Userhas the right to have recourse, free of charge, to a consumer mediator for theamicable resolution of any dispute relating to the execution of the presentterms and conditions that may oppose him/her to XIZA Gallery.
21. Governing law and jurisdiction
Thesegeneral conditions are governed by Dutch law.
In theevent of a dispute concerning the validity, interpretation and/or execution ofthese general terms and conditions, the parties agree that the courts of the DistrictCourt of Amsterdam shall have exclusive jurisdiction to judge them, unlessthere are mandatory procedural rules indicating the contrary.
Annex – Withdrawal form
(Pleasecomplete and return this form only if you wish to withdraw from a contract.)
To theattention of:
XIZAGallery, Merwedestraat 43 Groningen, the Netherlands
Email:clients@xizagallery.com.
I/we (*)hereby notify you/us (*) of my/our (*) withdrawal from the contract for thesale below:
Seller(artist who is the author of the work):
Work:
Receivedon (*):
Name ofthe User(s):
Addressof the User(s):
Signatureof the User(s):
(Only ifthis form has been printed for a paper version)
Date :
(*) Delete as appropriate.