Terms and conditions

Last updated: 29 October 2020


To allow you to make the best use of our services, please read these Terms and Conditions (hereinafter “Terms”) and the privacy policy at www.fluxoart.com/privacy (“Privacy Policy”). These Terms and the Privacy Policy govern the use of the services and constitute an agreement between the parties.

If you agree to these Terms on behalf of a company, you warrant that you have the authority to legally represent that legal entity, and if so, the relationship will apply to that legal entity.


Changes to the Terms

Biolam Italia Srl (hereinafter “Biolam Italia”) reserves the right, at its sole discretion, to modify, or terminate the services or to modify these Terms, at any time. The modification of the Terms and services will be published on the  website www.fluxoart.com. By continuing to use the services after we have posted a change, it means that you have accepted the amended Terms.


1- Purpose of the Terms

The Terms are intended to define the rules for the use of the Site by the User, as well as the obligations of www.fluxoart.com and Biolam Italia.The User undertakes, every time he visits the  website www.fluxoart.com, to comply with these Terms applicable to all content available on the  website.Consequently, the User accepts, without any reservation, these Terms.The simple use of the Site automatically implies the acceptance of the Terms by the User.


2- Validity of the Terms

Biolam Italia reserves the right to modify the Terms at any time to take into account any legal, editorial, functional and / or technical modification.The updated version of the Terms is the one accessible online through the Site and available at www.fluxoart.com/….


3- Description of  the services

The Site offers Users a service that allows them to view and consult the various works of art offered for sale by Italian artists through the Site, as well as to purchase the works of art for sale.The User must refer to the General Conditions of Sale before making any purchase.


4- Access to services

The Site is accessible free of charge by any User with an Internet connection. The costs (Internet, hardware, etc.) incurred by the User to access the Site are at his own expense.

Changes to the services

Biolam Italia reserves the right to change the Site, modify or limit or block access to  the services at its discretion and without notice; reserves the right to remove or modify any digital content, images, photographs or text from  the services at any time without notice.

Occasionally, there may be information on the Site that contains inaccuracies. Biolam Italia reserves the right to correct them and to modify the information at any time. Biolam Italia assumes no obligation to update the information on the Site except as required by state laws and regulations.

Age of majority

The services for the sale of works of art are intended for people over the age of 18. Any use by minors is expressly prohibited.

Account registration

To make a purchase, you must first create an account (“Account”) by completing the registration process. During the registration process you will be asked to provide some information and you will establish a username and a password. Once you have completed the registration process you will become a “Registered User”. You agree to provide accurate, updated and complete information during the registration process and to update this information to keep it accurate, current and complete, for example if you register for billing and VAT purposes.

Biolam Italia reserves the right to suspend or close your Account if any information provided during the registration process or subsequently is found to be inaccurate or incomplete. You are responsible for protecting your password. You agree not to disclose your password to third parties and to take sole responsibility for any activity under your account. You will immediately notify Biolam Italia of any unauthorized use of your account.


5- Intellectual property

Biolam Italia is the exclusive owner of all intellectual property rights on the Site and its content, unless expressly indicated otherwise.The Site, trademarks, logos, designs and graphics, images, texts, databases, domain names and any other content, although this list is not exhaustive, are the property of Biolam Italia and are protected by the provisions of the law on copyright, on trademarks, and on the intellectual property.The User must request the prior approval of Biolam Italia for any reproduction, publication, copy of the various contents of the Site.Any total or partial reproduction, by any process, of the content of the Site without the prior authorization of Biolam Italia, constitutes a violation of intellectual property.

Responsibility for the works

The artist is solely responsible for the works of art he makes available through the  website www.fluxoart.com. Consequently, it guarantees that as regards the works of art, he is the creator of such works and he is the exclusive owner, and has all the necessary rights, consents and releases.The works of art made available on the  website www.fluxoart.com or their use by Biolam Italia will not violate copyright, trademark or other intellectual property rights, or advertising rights and do not involve the violation of laws or regulations.

Authenticity certificate

An original certificate of authenticity signed by the artist is provided for each work.


6- Terms and conditions of sale

If the artist has sent works of art to the  website www.fluxoart.com, he is selling such works of art through the  web (“Online sales”) and hereby grants Biolam Italia a worldwide right, transferable to:

  1. use, reproduce, distribute, publicly display copies of the Works through the  website www.fluxoart.com;
  2. use, resize, copy, distribute, transmit copies of the Work in any form, medium or technology in order to promote www.fluxoart.com. The artist agrees that the aforementioned license rights are granted royalty-free and that the only fee for granting such license rights is payable only in the event of the sale of a work of art through online sale .

Conditions for the buyer

As a registered User, you can purchase works of art. When you purchase a work of art through  the services, the price will be that specified. The VAT will be identified separately on the invoice. Biolam Italia and / or its service providers will collect your billing and shipping information and process your payment. Some original artwork (including, but not limited to, large artwork) may require additional shipping and handling costs and special arrangements.If you wish to purchase a work of art, you will be asked to provide some relevant information, such as your credit card number, expiration date, billing address and shipping information. This information will be treated in accordance with the Privacy.

Currency

All prices and other amounts are indicated in Euros.

Colors

The buyer of a work understands and accepts that Biolam Italia makes efforts to accurately display the colors of the works of art and photographs presented and sold through the  website www.fluxoart.com. However, since the monitors of individual computers can display colors in a different way, Biolam Italia is not responsible for the accuracy of the color of the works displayed on the site and their exact correspondence to the purchased work, therefore declines any responsibility in this regard for any differences. chromatic.

Changes

Biolam Italia reserves the right, without notice, to: modify descriptions or references to works of art; limit the amount of works of art available; modify any coupons or other promotions or terms governing their use.


7- Right of return

On the  website www.fluxoart.com there is a form for exercising the right of return which, if necessary, the User can edit and fill in.How you can exercise the right of return

If you buy a work of art on www.fluxoart.com you have 14 days to withdraw from your purchase by filling out the form.We recommend that you observe the actual work received, not comparing it with the computer screen because it can distort the visual perception.If, upon receiving the work, handling it and checking its characteristics (Article 57 of the Consumer Code), you realize that you are not satisfied, you can simply send the work back.To avail yourself of the option of art. 54, you must: “Before the withdrawal period expires, inform Biolam Italia of your decision to exercise the right to withdraw from the contract. To this end, you can use the form at the following link https://www.fluxoart.com/contact/


8- Personal dataThe User’s personal data are collected and stored by Biolam Italia to allow the use of some services.The User has the right to modify, correct and delete his personal data processed through the site, and the right to oppose the communication of such data to third parties by sending a request to the following address: https://www.fluxoart.com/contact/

Biolam Italia reserves the right to keep some data in order to justify, when necessary, the perfect execution of its contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.Biolam Italia takes all the necessary measures to protect the confidentiality of the information provided by the User in the best possible way.

9 – Additional conditions

Connections

The site may contain links to third-party  websites or resources. The user accepts that Biolam Italia is not responsible for:

  1. the availability or accuracy of such  websites or resources;
  2. the content, products or services available from such  websites or resources.

Links to such  websites or resources do not imply any endorsement by Biolam Italia of such sites or resources or of their content, products or services available on such sites.Termination and cancellation of the accountIn case of violation of any of these Terms, Biolam Italia will have the right to suspend or disable your Account in its sole discretion and without notice.Mobile applications“Mobile Applications” means certain software and services available through a mobile device, including:

  1. the ability to upload data via a mobile device;
  2. the ability to use the www.fluxoart.com site from a mobile device;
  3. the ability to access certain features through a Mobile Application downloaded from www.fluxoart.com and installed on a mobile device.

If you access  the services via a mobile device, your wireless carrier may charge you data rates. In addition, the download, installation or use of certain  mobile services may be limited and not  all services may work with all carriers or devices.Notifications and messages. By using the  mobile services, you agree that we may communicate with you about it via SMS, MMS, text message, with your mobile device for the purpose of providing the applicable service and that certain information about your use of the  mobile services may be communicated to us. In the event that you change or deactivate your mobile number, you agree to promptly update your account information to ensure that your messages are not sent to the person acquiring your old number.

10- Cookies

By accepting these Terms, the User accepts the use of Cookies while browsing the site www.fluxoart.com, failing which some features of the site may be denied.

These cookies are intended to allow faster and more effective navigation during the various links to the site. (Integrare con testo cookie su sito Biolam)

11- Duration

These Terms and Conditions are valid from the moment the User accesses the  website www.fluxoart.com, and apply as long as the User uses its services.

12- Responsibility

In its relationship with the User, Biolam Italia cannot be held responsible for:

  • the interruption of the operation of the site www.fluxoart.com or the inability to access it or adverse conditions of use of the site;
  • any loss of data, time, opportunity and / or any other indirect damage related to the use of the  website www.fluxoart.com.

General prohibitions for users of the SiteAs a visitor to the Site and / or a registered User you cannot perform the following operations:

  • Use, copy, modify any single element within the  website www.fluxoart.com, the Fluxoart name, any trademark, logo or other information of Biolam Italia or the layout or design or text of any page or module contained on the  website www.fluxoart.com, without the written consent of Biolam Italia;
  • Access, tamper with or use non-public areas of  the services, the IT systems or the  website www.fluxoart.com or the IT systems of Biolam Italia suppliers and Providers;
  • Attempt to probe, scan or test the vulnerability of any computer system or Internet network or violate any security or authentication measures to access the www.fluxoart.com site;
  • Circumvent, remove, disable, compromise, decode or otherwise evade any technological measure implemented by Biolam Italia or by any supplier and Provider of Biolam Italia or by any other third party to protect  the services and contents of www.fluxoart.com;
  • Attempt to access  the services, and art content or download art content through the use of any engine, software, tool, agent, device (including spider, robot,  web crawler, data mining or similar) other than software; and / or by search engines provided by generally available third party  web browsers;
  • Send advertising, promotional materials, emails, junk mail, spam, chain letters or other unsolicited or unauthorized solicitation;
  • Use any meta tags or other hidden text or metadata using a Biolam Italia brand, the URL of the logo or the name of a product without the express written consent of Biolam Italia; 
  • Use  the services and contents of the www.fluxoart.com site for any commercial purpose or for the benefit of third parties in any way not permitted by these Terms;
  • Use or produce any TCP / IP packet header, or any part of the header information in any email or newsgroup posting, to send altered, misleading or false source-identifying information;
  • Interfere or attempt to interfere with the access of any user, host or network, including, without limitation, sending viruses, intentional overloading, flooding, spamming, or bombing of mail;
  • Collect or store any personally identifiable information from the  website www.fluxoart.com, relating to other users without their explicit authorization;
  • Misrepresent your identity with any other person or entity;
  • Violate any applicable law or regulation, or encourage or allow any other person to do the foregoing.

Biolam Italia has the right to investigate and prosecute the above violations in accordance with the law and to involve and cooperate with the Authorities to counter and prosecute anyone who violates these Terms.

13- Invalidity of a regulation or article

These Terms constitute the terms and conditions agreed between Biolam Italia and the User and replace any other previous agreement, written or oral.If, for any reason and to any extent, a provision of these Terms is deemed void or unenforceable, such invalidity or inapplicability will not affect the validity and enforceability of the other articles of these Terms.All disputes relating to these Terms contained in communications, written or oral, addressed by the User to Biolam Italia, including through the form on the  website www.fluxoart.com, will be null and void.

14 – Informal dispute resolution

Our goal is to meet your expectations and provide excellent service. However, there may be cases where you feel you are disappointed with the service. In such cases, we are committed to working together to reach a reasonable solution that satisfies you, but we can only do so if you inform us of the problem. Therefore, for any complaint, you accept that, first of all, you will send us a communication via the form on the  website www.fluxoart.com to describe the nature of your complaint. This should lead to an amicable resolution, but if this does not happen, you accept that any dispute, including those relating to the interpretation, validity, effectiveness, execution and resolution, must be the subject of an attempt at conciliation based on Italian Legislative Decree no. 28/2010 which will take place in front of one of the mediation bodies registered with the Italian Ministry of Justice, for example ADR Intesa or other similar organization.The informal resolution described in this paragraph is a precondition for initiating any other proceedings, so don’t forget to contact us.

15- Applicable law

These Terms and Conditions of Sale are governed by Italian Law. In the event of a dispute and if an amicable solution is not found, the jurisdiction will be with the Court of ….  Roma (Tivoli ?)