Terms and Conditions

ARTWESHOP TERMS AND CONDITIONS

1. Introduction

First and foremost, a warm welcome at ArtWeShop.com (later on referred as “ArtWeShop”)! We at ArtWeShop are Murano glass art enthusiasts united with the mission to bring back art in the life of people. We created the ArtWeShop online platform to introduce people into the world of contemporary artisan Murano glassmaking in Italy.

We work together with the best contemporary Murano glass masters to display a fine selection of handmade glass masterpieces (later on referred as “articles”). All our displayed Venetian artworks are either made-to-order or one-of-a-kind artisan works.

As such, you as the Customer (later on referred as “Customer”) can enjoy all the beauty artists in the island of Murano, Italy can offer 24/7 on our website ArtWeShop.com and select articles that would best complement your home or office.

We understand that the perception of art and beauty is something very personal. Therefore, we give our Customers the possibility to customize any of our displayed artworks or design an own Murano glass masterpiece.

Please, read carefully the below Terms and Conditions, by using our website and clicking on the ‘I agree’ bottom during  checking out your shopping cart you consent irrevocably and unconditionally to our Terms and Conditions. Therefore, it is important that you are aware and understand how ArtWeShop conducts business. Please note, that these Terms and Conditions are also legally binding for all of ArtWeShop’s Partners who might be artists, manufacturing units, galleries etc. (later on referred as “Partner”) listing their articles for sale on the ArtWeShop webshop. Upon signing the ArtWeShop Partner Agreement Partners consent irrevocably and unconditionally to the ArtWeShop Terms and Conditions.

Please note that the Terms and Conditions represent the intellectual property of ArtWeShop. It is strictly forbidden to use, amend, share or copy any part of the Terms and Conditions in any ways without prior written permission of ArtWeShop.

• ArtWeShop
  • Company registration. ArtWeShop is incorporated under the Belgian law with Chamber of Commerce Number of 0644517686. The office is registered at Rue d’Argent 16 Bus 4.09, 1000 Brussels, Belgium.

• ArtWeShop description. ArtWeShop has developed an integrated webshop application Artweshop.com to provide articles for sale to Customers. The webshop application provides the possibility for selected Partners to offer their articles for sale on Artweshop.com. As such, ArtWeShop is a platform provider facilitating Customers to connect with Partners and purchase the Partner’s article on the Artweshop.com webshop.

In the majority of the cases ArtWeShop lists the Partner’s articles for sale on www.artweshop.com, but in certain cases ArtWeShop buys and sells articles on its own account. Regardless if the article is sold by ArtWeShop or the Partner, Customers can always turn to the Customer Service of ArtWeShop with questions by sending an email to customer@artweshop.com.

• Legal responsibility of ArtWeShop in case of listing Partner’s articles. In case the ownership of the article is residing at the Partner, in other words, the Partner sells the article on his account on Artweshop.com, then ArtWeShop acts merely as a platform provider facilitating Partner to connect to Customer. In this case, ArtWeShop cannot be held legally responsible beyond the role of a platform provider.

• Legal responsibility of ArtWeShop in case of listing articles on own account. In case the ownership of the article is residing at ArtWeShop, in other words, ArtWeShop sells the article on own account on Artweshop.com, then ArtWeShop has the legal responsibility over the article.

• Legal responsibility of ArtWeShop in case of third party advertisement on www.artweshop.com. ArtWeShop displays advertisements and links of third party websites. ArtWeShop is not examining the content of the third party websites and advertisements and cannot be held legally responsible for the content and offerings of third party websites and advertisements.

• Legal responsibility of ArtWeShop over the www.artweshop.com platform. Due to the nature of the internet business, ArtWeShop cannot guarantee 100% transmission and error free website. ArtWeShop does its best to ensure the smooth operation of the website, however, the website can be down due to maintenance, update of the website etc. ArtWeShop cannot be held responsible for damages and losses due to website maintenance and the nature of the internet.

• Partner description. ArtWeShop works in cooperation with several Partners. These Partners might be artists, manufacturing firms, galleries etc. who are manufacturing or re-selling original articles and wish to use the ArtWeShop webshop application and services to provide Partner’s articles for sale on www.artweshop.com. The services of ArtWeShop that the Partner wishes to use are: listing the Partner’s articles for sale on www.artweshop.com; offline and online third party advertisements and promotions; email marketing services; Partners’ promotional exposure on the webshop application www.artweshop.com.
  • Legal responsibility of Partner. The Partner understands that ArtWeShop is only a platform provider and in case of Customer order via ArtWeShop.com, the Partner is obliged to ship the sold articles to the Customer and process the Customer’s returns. ArtWeShop works with many Partners and provides numerous articles for sale. ArtWeShop does not have the capability to check every single article. As such, ArtWeShop acts in good faith when listing the products of the Partner on www.artweshop.com and ArtWeShop cannot guarantee the quality and origin of the article.

The Partner guarantees that his articles sent to the ArtWeShop’s Customers are original pieces, high quality items matching the image and article description provided by the Partner and displayed on www.artweshop.com. As the Partner is the owner of the article, the Partner undertakes to include an invoice, certificate of origin and return policy in the parcel of the sold and dispatched article. ArtWeShop tries its best to ensure a credible offer on the www.artweshop.com website, however, ArtWeShop cannot be held legally responsible for the offerings and actions of Partners.

ArtWeShop wants to know if the Customer believes that the Partner is not delivering up to his promises. In this case, Customer shall send an email to customer@artweshop.com describing the complaint. ArtWeShop takes complaints seriously and might remove the given Partner article or all articles of the Partner from the ArtWeShop website. However, this gesture does not signal guilt. Removing Partner’s articles is just a proactive measure to ensure Customer satisfaction.

• Customer description. The Customer is aged 18 and above, fully capable of understanding and making purchasing decision in English.

Please note that ArtWeShop is not selling to children. In case the Customer is below 18, the Customer needs to have parental supervision when making purchase on www.artweshop.com.

The language of www.artweshop.com webshop is English. Therefore the Customer shall understand and capable of making purchasing decisions in English. Furthermore, the Customer agrees unconditionally to communicate in English with ArtWeShop.

The Customer guarantees not to give false e-mail address, impersonate other private and/or natural persons or use PayPal account, credit card, debit card or any other payment method that does not legally belong to the Customer. The Customer guarantees to have full right to use the given payment mean let it be credit card, debit card, PayPal account etc. Furthermore, the Customer guarantees that the Customer has sufficient fund on his payment mean such as credit card, debit card, PayPal account to cover the costs of purchase on www.artweshop.com.

2. Articles
   • Article’s price formulation in case the Customer gives a delivery address within the European Union. All article prices listed on the ArtWeShop webshop are net prices inclusive value added tax and shipping costs to addresses within the European Union. There are no hidden costs, the Customer pays the price listed next to the article. Please note, that all prices are listed in Euro, and thus there could be additional currency exchange costs on top of the listed net price charged by the Customer’s bank only if the Customer’s local currency is different from Euro.
   • Article’s price formulation in case the Customer gives a delivery address outside of the European Union. All article prices listed on the ArtWeShop ArtWeShop webshop are exclusive shipping costs and local custom fees. The shipping costs will be added to the order during check-out process on the ArtWeShop.com website. The local customs fees need to be paid by the Customer to the shipping company upon receipt of the parcel. Please note, that all prices on ArtWeShop.com are listed in Euro, and thus there could be additional currency exchange costs on top of the listed price charged by the Customer’s bank.

• Customer rating and feedback. Partner agrees that ArtWeShop can implement website features in the ArtWeShop webshop that allows Customers to rate, comment and provide feedback on articles and/or Partner’s performance. Partner consents that these Customer ratings, comments and feedbacks can be publicly available on the www.artweshop.com webshop.

Customer agrees not to post vulgar, obscene, sexually explicit or offensive comments and feedbacks on the www.artweshop.com webshop. ArtWeShop keeps the right to edit and delete non-compliant comments and feedbacks.

• Legal transfer of article ownership. It is important for the Customer and Partner to understand when the legal ownership of the article is transferred. Upon the Customer placing an order on ArtWeShop.com this order is considered as an offer to buy the selected article. After the Customer placed the order on the ArtWeShop webshop, ArtWeShop sends the Customer a confirmation that ArtWeShop has received the Customer’s offer. This confirmation email is only an acknowledgment that ArtWeShop received the Customer’s offer not a confirmation of acceptance. The moment ArtWeShop sends an email that the purchased article had been dispatched, only then the acceptance of the Customer’s offer is confirmed.

In other words, the article shall remain the property of the Partner until the Partner dispatches the article to the Customer. In the event that the article is returned by the Customer, the article shall pass directly to the property of the Partner upon Customer dispatches the article to the Partner. ArtWeShop holds no property right of Partner’s article at any point in time and is not personally liable for Partner’s articles.

ArtWeShop may cancel an order if the artwork or artist is not available for any reason. If this is the case, ArtWeShop will notify the Customer and return any payment that the customer has made.

• Forbidden articles. Partner unconditionally undertakes not to provide for listing sexually too explicit articles or items with offensive content that can jeopardize the integrity and reputation of the ArtWeShop webshop and all other Partners being represented by www.artweshop.com. It is forbidden to provide articles for sale, which are copying trademarks and/or hurt the intellectual property rights of third parties. The Partner unconditionally undertakes not to provide for listing stolen or illegal articles. All articles provided for listing on ArtWeShop webshop by the Partner and the shipment packaging of these articles shall be in compliance with the health and safety regulations of the European Union. The Partner assures ArtWeShop that the Partner has the right to sell the articles and there are no rights of third parties which could prevent the sale.

• Legal responsibility for Partner’s articles. The Partner is responsible by all means for all of his products provided for sale on Artweshop.com and can be hold legally responsible for all of Partner’s product offerings. ArtWeShop only acts as a platform provider and has no legal responsibility beyond that role.

ArtWeShop does not have the capacity to check the content of all listed articles for sale on the ArtWeShop webshop. In case The Customer or Partner believe that any of the products listed on www.artweshop.com hurts his intellectually property rights, please let ArtWeShop know by sending an email to customer@artweshop.com. ArtWeShop will investigate the claim and as a result can decide to delist Partner’s articles with immediate effect. This gesture, however, is not a sign of guilt, but proactive measure to preserve the integrity of the ArtweShop webshop and protect all Partners selling via www.artweshop.com.

3. Shipping policy. Please note, that ArtWeShop does not share any further information about the Customer other than the name, address and phone number with the Partner for shipping purposes. In compliance with international laws governing international cross-border internet sales, ArtWeShop is not allowed to share the Customer’s bank account information or any personal data such as email address, etc. with Partners. All information about Customers and transactions belong to ArtWeShop and Partners shall comply with the security measures that are common at ArtWeShop.

• Shipping of Partner’s articles. The Partner is responsible for dispatching his articles to the Customer within 5 days upon sales notification. As such Customers can expect the delivery of the ordered article within 14 days. In case the Partner is providing articles on a make-to-order basis, then the Customer needs to count with the delivery and manufacturing lead-time longer than 14 days when ordering the article. ArtWeShop indicates on the product landing page of the article if it is a special hand-crafted article, which can be only be requested on a made-to-order basis and displays delivery lead time estimate.

Partner shall always package articles with utmost care to avoid that the sold items get damaged during transportation. The Partner shall always send the articles with a tracking code and shall take out insurance to cover for parcel loss above € 800 value. In case the Partner fails to send the article parcel with a tracking code and/or does not insure article parcel above € 800 value and the article gets lost or damaged, the responsibility for the loss or damage lies with the Partner. The Partner shall provide either a new article or if that is not possible since the purchased article was a unique item, then a reimbursement to the Customer as compensation.

• Shipping more than one articles. In case the Customer purchases more than one articles in one order on the ArtWeShop webshop, it is possible that the articles are owned and sold by different Partners and also ArtWeShop. As a result, it can happen that the delivery lead times of the ordered articles are different. However, no extra costs will be charged to the Customer.

• Customer shipping acknowledgement. Customers shall signal to ArtWeShop if the ordered article did not arrive by sending an email to customer@artweshop.com. In case the article arrives damaged to the Customer, the Customer shall take pictures of the damage and send the photos to customer@artweshop.com. ArtWeShop then will investigate the incident when applicable together with the Partner and discuss the compensation.

The customer shall signal to ArtWeShop, by sending an email to customer@artweshop.com, within 24 hours upon delivery of the order in case the artwork arrived damaged. Any claims after this initial 24 hour passed by will be deemed void and fraudulent. ArtWeShop has the unconditional right to deny any form of reimbursement to claims handed in after the initial 24 hour upon delivery passed.

The Customer unconditionally consent that it is the nature of the postal services that parcels get lost or damaged during transportation and in case the Customer’s purchased article gets damaged or lost during transportation, then the Customer does not claim damages beyond the paid net price of the purchased article.

It is strictly forbidden for Customers to make false or misleading statements about the condition or non-arrival of the ordered article. ArtWeShop acts in good faith when investigating customer complaints, but in case ArtWeShop has reasonable doubt to believe that the Customer committed fraud, ArtWeShop has the unconditional right to deny any compensation of damage or non-arrival of the article and put the Customer on a Blacklist. Customers listed on the Blacklist are no longer able to order articles on the webshop of ArtWeShop.

In case the Customer fails to accept shipment for any reason, the loss or damage of the parcel is credited to the Customer. As such, Customer is not entitled to any reimbursement.

Custom-made articles that are returned to Partners or ArtWeShop as undeliverable package can only be re-shipped to the Customer. No reimbursement is provided for custom-made orders. Please note that in case of re-shipping the Customer shall pay the new shipment fees.

Not custom-made articles that are returned to Partners or ArtWeShop as undeliverable package can be re-shipped to the Customer or partial reimbursement can be provided. Please note that in case of re-shipping the Customer shall pay the new shipment fees. In case the customer requests partial reimbursement, then the actual shipping costs will be deducted from the final purchase price to determine the reimbursement due to the Customer.

4. Return policy. In case the Customer is not satisfied with the purchased article, the Customer has the right to return the purchased article within 14 days upon receipt of the article. In case the Customer returns the purchased article after the 14 days return period expired, the customer is no longer entitled to any reimbursement. The cost of return shipment shall be paid by the Customer.

Please note, that the 14 days return period is not valid on custom-made orders. Articles that were created based on the designs and specification of the Customer cannot be returned.

Please note that Customers may not use goods that they have received before deciding to withdraw from the purchase. The right to withdraw exists to allow Customers to examine the product in the same way as they would in a shop, not to give Customers 14 days free use.

• Conditions of Customer reimbursement in case of article return. Customer is only eligible for reimbursement if the article is returned undamaged to the right return address within the 14 days return period. In case one of these conditions is not met ArtWeShop has the unconditional right to partially or fully deny reimbursement.

As such, in order to save time and frustration, Customers need to make sure to carefully wrap back the article in the original wrapping material and place it securely in the original carton box. Also it is important that the Customer shall send the article with a Tracking-Code and above € 800 insure the parcel. Customers shall share the Tracking-Code with ArtWeShop by sending an email to customer@artweshop.com.

ArtWeShop works with several Partners in Italy. Each Partner specializes on one specific art area. Partners are not interlinked and also delivery addresses of Partners and ArtWeShop are different. Therefore, it is obligatory that the Customer returns the article to the right return address. The right return address is clearly indicated in the Return Policy, which is included in the parcel of the purchased article. In case, the Customer purchases more than one article on www.artweshop.com, the Customer shall pay attention when returning the articles to ensure that the individual article is sent back to the right return address. In case of doubts about the right return address, the Customer shall contact ArtWeShop by sending an email to customer@artweshop.com.

• Customer reimbursement process. Upon receipt of the returned and undamaged article meeting the previously described conditions of full reimbursement, only then ArtWeShop transfers the full reimbursement to the Customer. Reimbursement can be expected within 14 days upon receipt of the undamaged article.

In case Customer is in breach of the Return Policy conditions resulting in monetary damages to ArtWeShop or Partner, ArtWeShop has the unconditional right to deny reimbursement.

5. Legal disclaimer. ArtWeShop keeps the right to make changes and additions to the ArtWeShop Terms and Conditions. The ArtWeShop Terms and Conditions are exclusively governed by Belgian law. All disputes arising out of or related to the ArtWeShop Terms and Conditions shall be submitted to the competent court in Brussels. In case of disputes the English language ArtWeShop Terms and Conditions prevail.