Legal terms and conditions

1. LEGAL INFORMATION Mcubed Web Services SL
Owner of the Website: ARTELISTA.COM
Carrer de les Ones, 3
08173 Sant Cugat del Vallès, Spain
CIF: B67270496

Registered in the Barcelona Commercial Registry (Spain), T.46533, F.121, section H.523043. Registration date 31/07/2018, protocol 1085.

2. GENERAL CONDITIONS OF USE OF THE PORTAL ARTELISTA.COM AND INFORMATION FOR THE USER

2.1. Preamble Mcubed Web Services SL offers the Internet USERS the Website ARTELISTA.COM with free and PRO services. The free services are detailed on the present Terms of Use. The specifications of the PRO services are detailed on the corresponding conditions of acceptance of every PRO service. The access and use of the website ARTELISTA.COM is absolutely voluntary and it ascribes the condition of USER to those who realize it. At the moment in which the USER access the site, and without any kind of reservation, the USER accepts the content of the present "Terms of Use", the "Data Protection Policy" and further "Particular Conditions" that may complement, replace or modify them in any sense, regarding the services and contents of the PORTAL. Consequently, the USER has to read thoroughly the conditions before accessing the site and before the use of any service of the website under his/her responsibility. The USER can access, print, download and save the Terms of Use at any moment. Those conditions will be permanently accessible on the website through the link Legal Conditions. Mcubed Web Services SL (hereinafter "ARTELISTA") reserves the right to modify, without prior warning, the content of the Terms of Use and the Data Protection Policy. It is advisable that the USER read the Legal Conditions every time he/she access or uses the PORTAL ARTELISTA.COM. ARTELISTA also reserves the right to modify without prior warning the design, the presentation and/or configuration of the Website, as well as some or all the services and the inclusion of new services. In any case, ARTELISTA reserves the right to refuse the access to the Website to those USERS that breach any of these Terms of Use or any particular condition that may apply, at any moment and without the need of prior warning.

2.2. Object This Terms of Use regulate the access and the use of the PORTAL ARTELISTA.COM. The purpose of this PORTAL is to democratize the access to art through the diffusion and the sale of artworks and the promotion of everything which is related to art. For this purpose, ARTELISTA offers the art lovers Internet USERS the Website WWW.ARTELISTA.COM. ARTELISTA provides the USERS with the following services: Exhibition and sale of original artworks and/or reproductions of artists' artworks Sale of reproductions of Great Masters' artworks Information about the latest news in the world of art

2.3. Exhibition and Sale of original artworks and/or reproductions of artists' artworks ARTELISTA puts up for sale original artworks and reproductions of the artists' artworks providing the artists with a space to exhibit their artworks or to exhibit and give ARTELISTA permission to sell them. The artist includes all the information about his/her profile and uploads the artworks with all the details (technique, dimensions, price, etc.). The artist states that he/she is the author of the artworks included on ARTELISTA and that he/she holds the rights to exhibition and reproduction of the artworks. The price of the original artworks and of the reproductions is under the artist's responsibility and those prices are set by the artist freely. The printing of the reproductions come from photographs of artworks whose author, the artist, holds the right to reproduction. The author receives a royalty from ARTELISTA for the sale of his/her reproduction. To effectuate the exhibition and/or the sale, ARTELISTA provides the artist with the following services: - Inclusion of the artworks on ARTELISTA.COM with the possibility of registering his/her artworks under the most suitable Creative Commons License for the artist's interests. - To create your own domain on ARTELISTA, that will be seen by all the USERS of the Portal. - ARTELISTA Community, where the USER will be able to manage his/her followers and favourite artworks. -Make reviews and comments of other artists' artworks and management of the received reviews and comments. -Inclusion of the favourite artworks into a collection. -A list with the artist's favourite artworks and authors to receive notifications every time they upload a new artwork.
The author transfers ARTELISTA the use of all the photographs included on ARTELISTA so that ARTELISTA can use them with commercial, promotional or global communication purposes. ARTELISTA puts up for sale original artworks and reproductions of the artists' artworks to the Website USERS providing them with these services: Certificate of Authenticity signed by the author for unique artworks. Certificate of Authenticity of the reproduction. Secure payment platform through Stripe (card, PayPal, Bizum, SEPA Direct Debit and other methods depending on the country). Delivery logistics through DHL / FEDEX / UPS or other national or international Courier. You can change or return the artwork without giving explanations within 14 days after having received it at home. The return of the artwork implies the refund of the total amount paid by the customer You must notify us of your cancellation in writing or in another durable medium to our contact address: customerservice@artelista.com If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. We will collect the goods from you. You must make the goods available for collection. For further arrangements we will contact you. Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. Transport insurance with the insurance company Allianz Insurances included. Customer Service through live chat, email or telephone to give an answer to any doubt or problem.
ARTELISTA provides the artists with PRO services to improve the visibility of their artworks and to promote them on the website. For further details, consult the contracting conditions of PRO services for artists.

2.4 Sale of prints of Great Masters' artworks ARTELISTA sells prints of Great Masters' artworks to the USERS. The printing of these prints is based on photographs of the artworks with a CREATIVE COMMON license or photographs with licenses provided through commercial agreements with companies that own the rights of reproduction, having paid ARTELISTA the corresponding royalty for the reproduction.

2.5. Information on the latest news in the world of art ARTELISTA informs of the novelties in the world of art in everything regarding news, exhibitions, museums, interviews, etc. Such information is entirely developed by the ARTELISTA Team taking as a basis the information provided by the promoters and organisers of the activities or the exhibitions. The responsibility and the veracity of the content provided to ARTELISTA correspond to the sources of the same and ARTELISTA is exempted of any liability on not truthful or reliable content.

2.6. Communications with USERS Periodically, ARTELISTA sends the USERS commercial mailings, prior USERS express authorization, Artelista.com commercial promotions or newsletters with the latest news of the art world. ARTELISTA will only provide the other USERS data and/or information provided by the USER when this data and/or information do not violate legal requirements or the present Terms of Use. The USER acknowledges that technically it is not possible to have a 100% availability of the Website ARTELISTA.COM. However, ARTELISTA will strive to maintain the availability of the Website as constant as possible. Especially, for reasons of maintenance, security or capacity, as well as for events that ARTELISTA cannot have influence on (e.g. anomalies of public communication networks, outages, etc.) there can be short anomalies or the temporary suspension of the services of the Website.

2.7. USERS' obligations in the Portal The USER undertakes to make diligent use of the same and of services accessible from this Website, with total subjection to the law, morals and the present Terms of Use and, where appropriate, particular conditions, so as to maintain due respect for the other USERS. In general, the provision of the services does not require prior subscription or registration of the USERS. Nevertheless, ARTELISTA conditions the use of some of the services or the purchase of products to the prior completion of the corresponding registration of the USER, by selecting the identifier (ID or login) and password that the USER undertakes to conserve and use with due diligence. The use of your password is personal and untransferable, not being permitted the transfer, even temporarily, to third parties. In this sense, the USER shall take the necessary measures for the custody of the selected password, avoiding the use of the same by third parties. As a result, the USER is solely responsible for the use of the password with full indemnity for ARTELISTA. In the event that the USER knows or suspects the use of the password by third parties, the USER should inform to ARTELISTA as soon as possible.
The register shall be made as indicated expressly in the service itself. The information that facilitates the USER through the services shall be truthful and accurate. For this purpose, the USER guarantees the authenticity of all the data that communicates as a result of the completion of the necessary forms for subscription to the services. Similarly, it will be responsibility of the USER to keep all the provided information regularly updated ARTELISTA so that it responds in each moment to the actual situation of the USER. In any case, the USER will be solely responsible for false or inexact manifestations and for the damage caused to ARTELISTA or to any third party as a consequence of the provided information. The USER undertakes to respect all applicable laws and the rights of third parties to use the contents and services of the Website. It is also prohibited the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the website (texts, designs, graphics, information, databases, sound and/or images files, logos, etc.) and other elements of this Website, unless prior authorization of their lawful owners or when permitted by law. Especially, it is forbidden for the USER: using abusive or libellous content, regardless of whether these contents affect other USERS or other persons or companies, using pornographic contents or contents that violate the laws of protection of minors, or advertising, offering or distributing pornographic products or products that violate the laws of protection of minors, harassing other USERS (especially by means of spam), using content legally protected (e.g. by legislation on intellectual property, trademarks, patents, utility models or aesthetic models) without having the right to do so, or advertising, offering or distributing goods or services protected legally, as well as performing or encouraging actions contrary to free competition, including those aimed at progressive customer acquisition(such as chain, snowball or pyramid systems). The USER undertakes not to include in the author tab, artwork tab or in any other visible place of the personal domain (on the fringes of the space enabled to do so), no personal information such as phone, email or other similar ones in text or number with the aim that the purchaser of art can reach you directly out of ARTELISTA. ARTELISTA guarantees the sale process of the artworks providing that the sale is done through ARTELISTA. The USER undertakes not to insert pictures with personal watermark. ARTELISTA provides the watermark of Artelista to protect the artworks. The USER undertakes not to introduce in the space provided for the comments or in any other similar section, any commercial information aimed at direct contact between USERS for any commercial transaction out of ARTELISTA. The introduction of emails, phones, or any personal data is expressly prohibited. In the same way, the artist undertakes not to include any inappropriate content lacking a minimum of artistic quality or content aimed to an adult audience with explicit or implicit sexual or pornographic scenes or material. The breach of these obligations may be cause of elimination of the content for ARTELISTA part or when necessary, of elimination of the artist. ARTELISTA can delete illegal content without prior notice. It is forbidden for the USER: mechanisms, software or scripts in connection with the use of the website. Blocking, overwriting, modifying, or copying, unless it is necessary for the proper use of the services of the website. For example, copying by means of search engine type technologies as "Robot/Crawler" is not necessary for the proper use of the services of the Website, so it is forbidden explicitly. Disseminate and publicly reproduce content of the Website ARTELISTA or of other USERS, without prior authorization. Any suitable action to impair the functionality of the ARTELISTA infrastructure, especially to be overloaded. Using any of the materials and information contained in this Website for unlawful purposes and expressly prohibited in the present Terms of Use, as well as in the particular conditions which, where appropriate, enable that they are contrary to the ARTELISTA, its members and/or third parties rights and interests, and must respond to them in case of contravention or breach such obligations and/or that in any way (including the introduction or spread of "viruses"), harm, disable, overload, deteriorate or hinder the normal use of the materials and information contained in the website, the information systems or the documents, files and all kinds of content stored on any computer (hacking) of ARTELISTA, its members or any USER. The USER is aware of, and voluntarily accepts, that the use of the service takes place, in any event, under your sole and exclusive responsibility. The USER shall be liable for any damages of any nature that ARTELISTA may suffer as a consequence of the breach of any of the obligations of these "Terms of Use" or of the law regarding the use of the service. The USER undertakes not to display illegal artworks on the Portal. The USER undertakes to provide the portal with necessary warnings and information concerning their artworks, and to comply with all laws and regulations in relation to the exhibition and publication of the artworks on the Portal.
To access the additional services offered by ARTELISTA, the USER must sign in ("register") on the Portal and get a personal "password". Completed the registration process, the USER will have access to the services listed in section 2 of the present Terms of Use.

2.8. Artworks provided by the USERS of ARTELISTA Through the artworks provided to the portal ARTELISTA.COM, the USER declares him/herself the legitimate owner of the intellectual and industrial property rights of the artwork for its reproduction, distribution and public communication through any electronic medium, mainly Internet and email, for the entire world with unlimited time. In this sense, the USER declares to be the legitimate holder of the artworks included with sufficient rights to include the artworks in the portal ARTELISTA.COM. ARTELISTA offers the possibility, to those USERS who want it, to use free art licenses through some Creative Commons licenses so that they allow their artworks to be shared by the other USERS of the portal. They may freely choose the intellectual property rights that want to exercise on them. ARTELISTA does not allow the inclusion of content that may deteriorate the quality of the service. It is prohibited the inclusion of contents that: Are allegedly illicit by national, community or international legislation or that realize allegedly illegal activities or contravene the principles of good faith. Do not meet the quality standards established in ARTELISTA. Violate the fundamental rights of individuals, can find the weakness of the USER, miss the courtesy on the Web, bother or might generate negative opinions in our USERS or third parties. In particular, and in an expository way but not limited: any of the third parties legal rights; those who encourage or foster the creation, maintenance and promotion of businesses related to pornography, obscene material or erotic contact management; those that are related to the divination, tarot, "occult" or any other related content; and in general, any content ARTELISTA may consider improper for the USERS and in particular for minors. Contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life and protection of the consumer and of the intellectual and industrial property rights. Likewise, ARTELISTA reserves the power to remove from the website those artworks deemed not appropriate to the characteristics and purposes of ARTELISTA.COM. ARTELISTA cannot control each and every one of the published contents, so cannot assume responsibility for the contents. Anyway, the inserted and published contents are periodically relieved to ensure the principles of quality of ARTELISTA as well as the standards here indicated. If you notice any inappropriate content on the website, please contact us through the e-mail: info@artelista.com. The USERS are solely responsible for obtaining any authorization, permission or license, if necessary for the completion and publication of any content. Any USER that inserts content contravening current legislation will assume sole responsibility for the damage and consequences thereof, exempting ARTELISTA from any liability.

2.9. Exclusion of guarantees and liability Except in those cases expressly described in the Legal Conditions and in the rest of the framework of the Website, ARTELISTA is not responsible for any damages of any nature that may be a result to the lack of accuracy, completeness, prevailing and errors or omissions in the information and services contained on this Website or other content accessible through the same, neither assumes no obligation or commitment to verify or monitor its content and information. Also, ARTELISTA does not guarantee the availability, continuity or the infallibility of the functioning of the website, and therefore excludes, in the measured maximum permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the functioning of the Website and of the services enabled on the same, as well as to errors in accessing the different web pages or those from which, in their case, these services are rendered. ARTELISTA assumes neither liability for the contents, data and/or information provided by the USERS of the Website, nor for the content of external websites with links on the website. In particular ARTELISTA does not guarantee that these contents are true, fulfil a particular purpose or may be useful for this purpose. In addition, ARTELISTA is not responsible for the opinions expressed by the USERS through the portal, communities, or other tools of participation or opinion.

2.10 Links to third parties pages ARTELISTA includes within its content links to sites belonging to and/or managed by third parties with the aim of facilitating the access to information available over the Internet. ARTELISTA does not assume any responsibility derived from the existence of links among the contents of this site and contents located outside this site or any other mention of content outside this site. Such links or references are exclusively informative and in no case imply support, approval, marketing or any relationship between ARTELISTA and the author and/or management entities of such contents or owners of the sites where they are.

2.11 Applicable Legislation and jurisdiction
The present Legal Conditions and the rest of terms of the website will be ruled by the Spanish legislation.
For questions arising or actions resulting from the provision of the services and contents of ARTELISTA and from the interpretation, application, compliance with or breach of the established here, ARTELISTA and the USER, expressly waiving any other jurisdiction that may correspond to them, subject to the jurisdiction of the courts and tribunals of Barcelona.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS Copyright © 2001 – 2012 – Mcubed Web Services SL-All rights

All exploitation rights are reserved.

This Website is ruled by the Spanish law and it is protected by the national and international legislation on intellectual and industrial property.
The texts, designs, images, databases, logos, structure, brands and other elements of this site owned by ARTELISTA are protected by international laws and treaties on intellectual and industrial property.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or of part of the content of this site owned by ARTELISTA, made in any form or by any means, electronic, mechanical or other, are strictly prohibited unless prior written authorization of ARTELISTA or other owners. Any infringement of these rights may lead to the appropriate civil or penal extrajudicial or judicial proceedings.
However, the registered USERS will be able to avail themselves of the Creative Commons licenses for their published artworks so that they may promote and share their artworks with other USERS observing their author rights and they also may associate a type of license to their artworks or assign licenses to each artwork separately with the option of Free ARTELISTA. If they avail themselves of the Creative Commons Licenses, their artworks:
-May be sent as postcards to other USERS.
-May be downloaded to the USERS computers, respecting his authenticity.
In this way, the USERS that avail themselves of the Creative Commons license will have only a few reserved copyright rights, those chosen depending on the license type.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by the USERS is the sole responsibility of the same.
For the purpose of preserving any intellectual property rights, in the event that any USER or third party considers that it has been a violation of their legitimate rights by the introduction of a specific content on the website, the USER must notify such circumstance, in writing, to PORTAL ARTELISTA.COM, Carrer de les Ones, 3, 08173 Sant Cugat del Vallès, indicating:
-Personal data useful to identify the interested person holder of the rights allegedly infringed. If the claim is presented by a third party other than the interested party, he/she shall indicate the representation which he/she acts with.
-The contents protected by the intellectual property rights and its location on the web.
-Accreditation of the existence, ownership and validity of the intellectual property rights.
-Express statement in which the person takes responsibility for the accuracy of the data and information provided in the notification which is referred to in this point.

Annex to our Data Protection Policy, in compliance with the new EU General Data Protection Regulation (GDPR), with comes into effect on 25 May 2018.

Mcubed Web Services SL is responsible for the data that stores from its users. For the correct operation of the different actions that a user can perform in Artelista, the data that we store from all users are: Email, Name, Surname, Complete address, Telephone, Company name (if it is a company), IP. In the event that the user is an artist, we store the following data in addition to the previous ones: NIF / CIF, Date of birth. In the event that the user is a buyer, we store the following data in addition to the above optionally: Date of birth, NIF / CIF. Optionally, users can provide the following information: Second contact telephone. Artist users who sell through Artelista also provide their tax details and a bank account to receive the payment of their sales.

For the correct fulfillment of orders on our page, we request a method of payment and of collection to the buyer and the artist, respectively. These data are requested in Artelista, but they are stored securely in Stripe, a platform with which the communication is encrypted. Stripe may ask the artist for the documents needed to verify his/her identity, under its own connected account agreement.

The data provided is shared with third parties if necessary for the operation of the Web. In case of making an order, the information concerning the direction of collection and delivery is shared with third parties (our delivery partners).

The messages a user sends to another user through the Artelista messaging system (contact with an artist, commission requests, offers) are reviewed by the Artelista team before being delivered to their recipient, to check that they comply with the Terms of Use.

The newsletter and commercial communications are sent through Brevo, an email delivery platform that acts as data processor and only receives the data needed for the sending.

Artelista stores the data as long as necessary for the correct functioning of the web and all the functionalities that are made available to the user, until the account is cancelled. Artelista guarantees that all data will be sent and stored encrypted.

To delete your data from our database, you can cancel your account from your User menu, in the Cancel Account section.

To request the editing or rectification of your data, in case of not being able to do it from your user menu, you can do it by contacting us at info@artelista.com

5.1 Right of information
The present data protection policy regulates the access and use of the services of the website WWW.ARTELISTA.COM, (hereinafter "ARTELISTA") that Mcubed Web Services SL freely puts at the disposal of the Internet USERS interested in its services and contents (hereinafter, the "USERS").
According to the Organic Law of Personal data Protection (hereinafter "LOPD") 15/1999, 13th of December, ARTELISTA, as owner of the website, informs the USER of the existence of files of personal data set up by it and under its responsibility.
ARTELISTA fully complies with current legislation on protection of personal data and with the confidentiality commitments specific to its activity.
If the USER decides to register on ARTELISTA.COM (both company and individual), the USER will be requested the data strictly necessary for the achievement of the Website's goal, which is not other than the facilitation of the communication of the artworks published in ARTELISTA.COM between authors, owners, gallery owners and individuals, and the report of the initiatives of ARTELISTA in the spreading of art.
For this purpose, the USERS will be asked for filling in a form and the inclusion of their personal data. The treatment of these data will be focused only towards these ends, always within the established regulations framework.
The data provided by the USER will be incorporated into a personal data file, which is duly registered in the Data Protection Agency (AEPD in the Spanish acronym).

5.2. Purpose.

The data of the USERS registered via the form enabled to this effect on WWW.ARTELISTA.COM are collected by ARTELISTA. The buyer may expressly accept the sending of electronic communications of commercial or promotional activity of ARTELISTA.COM. The data of the form also serve the following purposes:
-Facilitate the access to and the search for information related to art and artworks published by the USERS according to various categories of artists and search for new artworks, updated galleries, name of author, country.
-The inclusion of the artworks on ARTELISTA.COM with the possibility of choosing the Creative Commons license that better suits their interests.
-The creation of their own artist domain on ARTELISTA that will be seen publicly by all the USERS of the Portal.
-The creation of an ARTELISTA community where the USER can see his/her followers and his/her recent favourite artworks.
-Facilitate the criticism and comments on the artworks of other artists and manage their own artworks' reviews.
-Inform the USERS of art exhibitions.
-Creation of a list of favourite artworks and authors to receive notifications of their new artworks.
-Sending of a newsletter with all the latest news in the world of art.
-Provide the USERS artists with their own space in which they can show their artworks to other USERS.
-Facilitate the USERS the free access and search in the database of artworks through new artworks/updated galleries/author name/country.
-Facilitate private messaging between USERS to contact an artist, request a commission or make an offer for an artwork.
-Provide the USERS with a space where to gather their favourite artworks in a collection.
-Sending of promotional and informative communications on the artistic sector and on other sectors of interest as set out in the section 5.6 of the present privacy policy document.

5.3. Compulsory or optional nature of the information provided by the USER and the veracity of the data
The fields marked with an asterisk (*) in the registration form that has to be completed by the USER are strictly necessary to agree to your request, being voluntary the inclusion of data in the remaining fields.
The USER guarantees that the personal data provided to ARTELISTA are truthful and it is the responsibility of the USER to communicate any modification of these data.
The USER guarantees that all the personal data provided is accurate and is updated so that it reflects truthfully the current situation of the USER.
It is the USER concern and duty to maintain, at all times, the data updated, being the USER the sole responsible for the inaccuracy or falsity of the information provided and for any damages that may cause this to ARTELISTA or third parties when using the services offered by ARTELISTA.

5.4. USER consent
When filling out the form and sending the data, the USER expresses to have expressly read and accepted the Legal Terms and Conditions, and grants his unequivocal and express consent to the processing of the personal data in accordance with the informed purposes and services provided by ARTELISTA.
Likewise, the USER consents that at the time of registration, his artworks and USER profile will be publicly visible to other USERS on ARTELISTA as well as on the various Internet search engines.

5.5 Data provided by minors
People over fourteen may be registered in ARTELISTA.COM as USERS without the consent of their parents or guardians.
In the case of those children under fourteen, the consent of parents or guardians is required for the processing of the personal data.
In any case, data relating to the professional, economic situation or to the intimacy of the others members of the family would be gathered from the minor without the consent of these.
If you are under fourteen and you have accessed this Website without informing your parents of it, you must not register as a USER.

5.6 Electronic communications.
• a) On the registration form, the USER may tick a box to accept receiving the ARTELISTA.COM newsletter, which includes news, commercial promotions and the most relevant novelties and information of the Website, as well as electronic communications relating to the art sector. If the box is not ticked, no newsletter is sent. The USER can turn the newsletter on or off at any time from the settings of his/her account.
• b) The USER can request the edition or removal of his/her e-mail from the ARTELISTA distribution list safely, quickly and without cost. To do so, the USER has a link enabled to this purpose in every electronic communication sent by ARTELISTA. If the USER want to keep the account on Artelista but does not want to receive the electronic communications sent by Artelista, the USER can send an e-mail to info@artelista.com specifying that he/she wants to have an account on Artelista but that he/she does not want to receive our Newsletters and electronic communications anymore.
The USER authorizes ARTELISTA to provide information to third-party companies to manage the orders or purchases made at ARTELISTA.

5.7 Security
The USERS are informed that ARTELISTA has adopted the technical and organizational measures, according to the established regulations, to guarantee the security of the personal data and to avoid its alteration, loss, treatment or unauthorized access, bearing in mind the state of technology, the nature of the stored data and the risks to which they are exposed. All this in accordance with what is established in the Royal Decree 1720 / 2007, of December 21st, by which it is passed the Regulation of development of the Organic Law 15 / 1999, of December 13th, on the protection of personal data and others procedures of control for the security of the systems of information.

5.8 Cookies and IPs
The Website uses its own cookies, required for it to work and to remember the USER's preferences, and Google Analytics analytics cookies, which are only set if the USER accepts them and allow us to collect data for statistical purposes such as: first visit date, number of times the site has been visited, last visit date, URL and domain that come from, used browser and screen resolution. The details of each cookie, its purpose and its duration, as well as how to change the decision at any time, are set out in the Cookie policy of these Legal Terms and Conditions.
ARTELISTA does not use techniques of "spamming" and will only process the data provided by the USER using the forms enabled on the website or on email messages.

5.9. Right of Access, Rectification and Cancellation of Data
The USER has the right to have access to this information, to rectify it if the data are incorrect and to unsubscribe from the ARTELISTA services.
These rights can be enforced through the configuration of the webpage. In the event of problems for the effective implementation online, as well as for any doubt or dispute regarding our privacy policy, you may direct it either to: Mcubed Web Services SL (ARTELISTA.COM) Testa building, Carrer de les Ones, 3, 08173 Sant Cugat del Vallès, Spain.
Or through our e-mail address: info@artelista.com indicating the referenced subject.
The treatment of personal data, as well as the sending of commercial communications made through electronic means, are in conformity with the Organic Law 15/1999, of December 13th, of protection of Personal data (B.O.E. of December 14th 1999) and with the Law 34/2002, of July 11th, of Information Society Services and E-Commerce (B.O.E. of July 12th 2002) and with the rules that develop them.

5.10. Modification of the present Data Protection Policy
ARTELISTA reserves the right to modify the present policy in order to adapt it to future legislative or jurisprudential novelties.

5.11. Applicable Legislation
The present Privacy Policy and other Legal Terms and Conditions of the website are governed in all and each of its clauses by the Spanish law. Legal Terms and Conditions: 10/24// 2011.

5.12. Language
In the event of conflict of interpretations of the different translations of all the Artelista Legal Terms and Conditions, both sides agree that the Spanish version prevails over the rest.

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First - Object

This General Sales Conditions regulate the purchase by the users of WWW.ARTELISTA.COM (hereinafter, the "Website"), registered or not, of the products put up for sale on the Website.
The owner of this Website is the Spanish partnership Mcubed Web Services SL with domicile at Sant Cugat del Vallès, Carrer de les Ones, 3, Registered in the Barcelona Commercial Registry (Spain), T.46533, F.121, section H.523043, and holder of the CIF number B67270496 (hereinafter, "Artelista")
Users can contact Artelista through the email customerservice[at]artelista[dot]com and/or through the contact form on the website
Through the Website, Artelista offers the users a site that allows them to have access and to purchase works of art (original artworks and prints) or any other product related to the art world.
The access to the Website is regulated by the Terms of Use and the Privacy Policy that the user accepts at the same moment he/she is registered on the Website and that will be applied, in the current version for every moment, every time the user access to the Website. The purchase of any of the products on the Website is regulated by this Contracting General Terms and Conditions. In case there was a disagreement between these Contracting General Terms and Conditions and the Terms of Use and/or the Privacy Policy, the text of the Contracting General Terms and Conditions will prevail over the rest.
ARTELISTA reserves the right to modify, without prior notice, the content of the Contracting General Terms and Conditions, so Artelista recommends the USER to read the Conditions every time he/she realizes a purchase on the PORTAL ARTELISTA.COM.

Second.-Sale of artworks

ARTELISTA declares that has the rights of sale, reproduction, distribution and public communication of all the artworks put up for sale on ARTELISTA. These rights have been granted to ARTELISTA by the authors of the artworks or by those who are authorized to assign author rights.
The products that the users can purchase through the website are artworks (originals or prints) provided by:
The authors themselves directly on the Website
The art galleries directly on the Website
Artelista, through agreements with companies that hold licenses of exhibition and reproduction of Great Masters.
ARTELISTA acts as intermediary in the selling of original artworks, selling on behalf of the artist or the gallery to the customer.
ARTELISTA sells directly the prints to the customer.

Third.-Property and veracity of the content

The authors of the artworks or the sources of the same, state that all the content provided coincide with the reality of the products. In this regard, indicate that the descriptions, features, price and picture of the artworks have been provided to Artelista by the authors or by the sources that have provided the content, exempting ARTELISTA from total responsibility for the inaccuracy or lack of veracity thereof.
The authors of the artworks guarantee Artelista the authenticity of the original artworks that they put the sale through the Website, as well as the immediate availability of them in less than 72 hours from the reception of the Artelista notification of the sale. Similarly, the authors express that they own the copyright of the artworks put up for sale and that transfer to ARTELISTA the right of reproduction and public communication of them in exchange for a commission on the realized sales.
All the provided content of the artworks put up for sale on Artelista is the responsibility of the authors or of the source that has provided such content on Artelista, being Artelista exempted from any kind of responsibility for the artwork.

Fourth.-Price of the Artwork

The price of the Artworks is set by their authors, in the currency of their choice. Prices are shown, and charged, in the currency chosen by the customer and according to the current exchange. The cost shown on the Website includes the applicable taxes, according to the current type every moment, with the no inclusion of the possible taxes and duties of transportation to the destination country or other that may apply. The price of the Great Masters prints is set by Artelista.

Fifth.-Commissions

Artists who accept commissions have a form on their profile to request them. The request reaches the artist through the messaging system of the Website, and it is the artist who decides whether to accept the commission and agrees its details with the user. Once the artwork is finished, the artist publishes it on the Website and the user purchases it like any other artwork, under the present Conditions. ARTELISTA does not collect advance payments for commissions and does not take part in their execution.

Sixth.-Purchase of the Artwork, buying and selling formalization and payment

The user will pay the Artwork the same moment he/she formalizes the buying and selling through the Website.
According to the clause regarding the price, before the filling in of the buying and selling form, the user will know the final price of the Artwork, which is composed by:
• Price of the Artwork
• Delivery costs
• Any other concept that could be applied and that the user will be informed of, the previous moment to the buying and selling formalization.
At the time of the purchase, the customer will receive, within 24 hours a confirmation, which will be sent to the email address indicated on the order form.
Payment is made through the Stripe payment platform. The payment methods available (card, PayPal, Bizum, SEPA Direct Debit or others) depend on the country and currency of the user and are shown at the time of payment, with no surcharge for the user.
In the event of misinformation regarding the availability or the price of the artwork, which the artist is responsible for having it updated, Artelista is exempted regarding the customer from any responsibility derived from this purpose.
Artelista will notify the customer about the unavailability or about the correct and updated price as soon as possible, so that the customer can choose whether to buy another artwork or to ask for a return – refund of the paid amount. If the customer does not choose to purchase another artwork, Artelista will make the refund within a period of seven days from the moment of the customer's notification, being the order cancelled and being the contracting of the service for the customer's part totally expired.

In the event of exportation of an original artwork, due to the intermediary task realized by ARTELISTA during the buying and selling process, the exporter is the artist and the importer the customer, being they both responsible for the exportation and the importation respectively.
In the event of an exportation of a reproduction, the exporter is ARTELISTA and the importer is the customer, being they both responsible for the exportation and the importation respectively.

Seventh.-Other services provided by Artelista

In addition to the services previously described, ARTELISTA offers the USERs the following services or products:
• For original artworks, ARTELISTA issues an authorship certificate of the artwork signed by the artist.
• For reproductions, ARTELISTA issues a certificate of authorship.
• Transportation Insurance included and contracted with insurance companies of recognized prestige.
• Customer service via live chat, e-mail or phone to attend to any doubt or report.
Eighth. - Security Measures

Artelista guarantees Security Measures in the transactions to the users, since Artelista has current security protocols and services.
Artelista also informs its users that payments are processed through Stripe, a payment platform certified under the PCI DSS standard, and that Artelista does not store card details or any other payment method details.

Ninth - Delivery of the purchased Artworks

Artelista will manage the delivery of the Artwork through a prestigious international or national Courier, which will be the last responsible of the delivery at the address indicated by the user in the order form, not being Artelista the responsible of the delivery problems derived from an erroneous or inexact information provided by the user.
The maximum period between the buying and selling formalization and the delivery of the Artworks will be 30 days. For these purposes, it will be considered that the delivery has occurred at the same moment in which the transport company in charge of the transportation of the Artwork put the Artwork at the user's disposal.
On the assumption that a delay occur in the established maximum period that could be attributable to Artelista, the user will have the right to return the Artwork. For these purposes, it will not be considered that a delay in the delivery of the Artworks exists if the Artwork has been put at the user's disposal within the expected period but it could not be delivered because of a cause attributable to the user.
On the assumption that the transport company executes an unsuccessful delivery attempt, the company will leave a delivery notification to the user for him/her to be able to contact the company and to coordinate a new delivery.
On the assumption that neither the transport company nor Artelista could get in touch with the user to coordinate the delivery of the Artwork in a maximum period of 15 working days starting from the moment of the first delivery attempt, the transport company will be able to realize a return of the Artwork to the author in the case of original artworks and to Artelista, in the case of prints, and the user will assume the total of the generated expenses (delivery, return and any other related processes).
At the moment of the delivery, the user will have to check the condition of the package, indicating in the delivery note any anomaly he/she could detect on the package. Once the package is opened, if the user detects any anomaly on the Artwork, he/she undertakes to inform Artelista of it through the user's menu or through an e-mail to customerservice[at]artelista[dot]com indicating in the subject the Order ID, in a maximum period of 7 days starting from the moment of the delivery of the Artwork
In the case of original artworks sent directly by the author and that entail an export - import, the author is considered the exporter, being responsible for the management of the export. Similarly, the buyer shall be considered the importer of the artwork and must pay to the customs officer or the courier, at the time of delivery, the accrued amounts in the event that there are duties or import taxes.

Tenth- Return of the Artwork

The user will have a period of 14 days, starting from the moment of the successful delivery of the artwork, in which he/she will be able to desist from the buying and selling and change or return the Artwork(s).
To this end, the user can:
• Send an email to customerservice@artelista.com, so that the Customer Service department can give indications on how to proceed with the change or the return of the product, and ARTELISTA can manage with the courier the picking-up of the product(s) on the place and date agreed with the customer.
• Send the artwork(s) to the following address:
Sant Cugat del Vallès, Carrer de les Ones, 3
08173 Sant Cugat del Vallès – Spain

In both of the above mentioned cases, Artelista offers its users free return.
Artelista will only accept the returns that fulfil the following requirements:
1. The return of the Artwork(s) is exercised in the expected period.
2. The return has to be exercised in a package in order to guarantee the perfect condition of the Artwork(s).
3. A copy of the Artwork's delivery note must be included.
Once the author of the original artwork has received the artwork(s) or that, in the case of a print, ARTELISTA has received the same, shall be verified that the artwork is in perfect condition and the statement of the user accounts will be validated on the basis of the paid amount, the return fees and other associated costs.
The USER can choose between changing the returned artwork for another one that the user can choose or ask for a refund - refund of the remaining balance of the statement of accounts of the user.
If the user chooses to change it by another artwork, shall be calculated the positive or negative balance in the statement of the USER accounts regarding the new purchase and the balance will be settled.
In the event that the user choose the refund - refund of the balance of the statement of the user accounts, ARTELISTA shall, within a period of 30 days, pay the balance in the same way in which the user had paid the artwork(s).
4. If the artwork's origin country is in a different trade agreement to the one of the customer or the import system in the recipient country has special conditions (as in the Canary Islands, Ceuta and Melilla, custom fees and taxes may be applied and those will be charged to the importer (buyer). Until the payment of those taxes, custom clearance and import fees is made, the customer right to return the artwork would be suspended temporarily. The customer has a period of 14 days to make this payment after the communication by the courier or the national customs department.

Eleventh- Guarantees

Artelista acts as a mediator between the authors of the Artworks and the users that purchase them, and on this regard, Artelista informs the users that the authors of the Artworks guarantee the following points:
• Authenticity.
• Originality.
• No violation of third party rights.
• The Artwork does not belong to the Historical Heritage of the country.
• The Artwork is neither an inexportable good nor an item of Cultural Interest.
Regarding the sale of prints, Artelista takes responsibility as the seller of such artworks and informs that it possesses the reproduction rights transferred by the contemporary authors and that, in the event that there are reproduction rights associated to the photos of the Great Masters artworks, Artelista has these reproduction rights assigned by the companies possessing such rights.

Twelfth- Insurance and accident

ARTELISTA insures all the shipments of original artworks and prints for the value of the artwork. ARTELISTA takes this insurance with top international insurance companies.
In the event of incident, ARTELISTA undertakes to exchange the artwork that has undergone damage with other one chosen by the customer or to pay for the amount paid to the customer.

Thirteenth- Intellectual Property

As an addition to what is provided in the Terms of Use , which are also applicable to the buying and selling realized by the users, Artelista informs its users that the authors of the Artworks and the owners of the pictures of the Great Masters artworks, declare they are the owners of the Intellectual Property Rights of the Artworks and, therefore, the users undertake not to use the Artworks with any purpose that could be against the referred authorship or rights, being an exception what is mentioned in the Terms of Use regarding the CREATIVE COMMONS licenses.

Fourteenth- Protection of Personal Data

As an addition to what is indicated in the Data Protection Policy of the Website, which is entirely applicable to this transaction, Artelista informs its users:
• That the data provided by the user during the Artwork buying process will be used by Artelista with the only aim of being able to formalize the buying and selling and to manage the delivery and the possible return of the purchased Artwork.
• That the data will be incorporated in the files owned by Artelista, will be declared and will be registered in the Registration Data Protection Agency.
• That the transaction data will not be stored.
• That at any moment and according to what is provided in the Organic Law 15/1999 dated 13 December on the Protection of Personal Data and its development Regulations, the users will be able to exercise their rights of access, rectification, cancellation and opposition of their personal data by means of a written request to be sent to the electronic mail address customerservice[at]artelista[dot]com.
Fifteenth- Nullity

On the assumption that any clause of these conditions was declared null and void, the rest of the clauses will remain valid and will have to be interpreted in accordance with the will of the parties and the aim of the text.

Sixteenth- Applicable Law and jurisdiction

These conditions will be ruled by the Spanish Law. In any controversy arisen from the interpretation and/or execution of these laws, both sides submit, to their free choice, and with renunciation of any other jurisdiction, to the jurisdiction that the current regulations of the Private International Law designate as competent.

First - Object

This General Terms and Conditions regulate the sale of artists’ artworks on WWW.ARTELISTA.COM.
The owner of this Website is the Spanish partnership Mcubed Web Services SL with domicile at Sant Cugat del Vallès, Carrer de les Ones, 3, Registered in the Barcelona Commercial Registry (Spain), T.46533, F.121, section H.523043, and holder of the CIF number B67270496 (hereinafter, “Artelista”)
The artists can contact Artelista through the electronic mail address customerservice[at]artelista[dot]com.
Through the Website, Artelista offers the users a site that allows them the exhibition and/or sale of artworks.
The access to the Website is regulated by the Terms of Use and the Privacy Policy that the user accepts at the same moment he/she is registered on the Website and that will be applied, in the current version for every moment, every time the user access to the Website. The contracting of featured listings on the Website is regulated by this General Terms and Conditions for the contracting of Featured Listings. In case there was a disagreement between these General Terms and Conditions for the contracting of Featured Listings and the Terms of Use and/or the Privacy Policy, the text of the General Terms and Conditions for the contracting of Featured Listings will prevail over the rest.

ARTELISTA reserves the right to modify, without prior notice, the content of the Sale General Terms and Conditions, so Artelista recommends the USER to read the Conditions every time he/she sells on the PORTAL ARTELISTA.COM.

Second.-ARTELISTA provides a space for the sale of artworks

ARTELISTA is the leading art website addressed to individuals and it offers the following services to the artists:
A monthly audience of more than 1,000,000 people from 170 countries.
The largest online space for the exhibition and sale of original artworks and prints.
The possibility that the artist can create a page on Artelista for free.
ARTELISTA not asking for exclusivity to the artist.

Third.-Declarations of the Artist

The present General Terms and Conditions for the Sale of Artists’ Artworks are applied to those artists wishing to sell their original artworks or prints through ARTELISTA and that have activated the option through ARTELISTA.
In this way, the artist authorizes ARTELISTA to manage the sale of his/her artworks to the users of the portal. Similarly, the artist authorises ARTELISTA to realize commercial actions, campaigns and advertising via third companies using the artworks put up for sale by the artist at ARTELISTA. The above mentioned commercial actions, campaigns and advertising would be realized under the brand of the third company and the brand ARTELISTA.

The artist states the following:
That is the author of the artworks included on ARTELISTA and/or that holds the sale, reproduction or public communication rights of the artworks.
That has access to the e-mail informed on ARTELISTA and that revises any communication sent by ARTELISTA in less than 72 hours.
That has the original artworks put up for sale and that can access to them in less than 72 hours.
That undertakes having the artwork packed and ready for shipment within a maximum period of three days from the notification of the sale sent by ARTELISTA.
That has set freely the price of the original artworks and prints, exempting ARTELISTA of any responsibility for setting the price thereof.
That holds the rights of reproduction and public communication of the artworks put up for sale and that assigns such rights to ARTELISTA for commercial operation through a commission on the sales.
That the information provided to ARTELISTA corresponds to the reality of the artwork exempting ARTELISTA from any responsibility.
That assigns the right of public communication of all the pictures inserted on ARTELISTA, to be able to use them for commercial and promotional purposes.
That will provide ARTELISTA with his/her tax details (name or company name, tax ID and tax address) so that ARTELISTA can issue, for every sale, the invoice for its commission and, in the event of a return, the corresponding credit note. Both are available to the author in his/her account.

Fourth.- Artwork Details

The artist undertakes to introduce all the truthful information requested on the artwork tab in order to formalize the sale. Specifically, the artist undertakes to enter the artwork’s price, dimensions, technique, media type and other data requested in the artwork tab. The button “Buy”, that enables to buy the artwork online, appears when Artelista has all the necessary data.
The artworks put up for sale lacking all the information described above, will not have the button “Buy”.
The artist undertakes to upload high quality pictures to Artelista with the aim of realizing prints with as higher quality as possible.

Fifth.-Artwork Sale Process

Through the website, the artists can sell and the users can purchase the following products:
• Original artworks: ARTELISTA sells the artwork on behalf of the artist. The customer purchases online the artwork on ARTELISTA; ARTELISTA receives the money from the customer and sends a notification of the sale to the artist. The artist access his/her account on ARTELISTA, revises and download the shipping tutorial, the certificate of authenticity, and in the case of exportation, the pro-forma invoice.
The artist updates on his/her profile, is still don’t, the necessary data for the picking-up, the invoicing and the payment (the button “Buy” appears on the artworks of those artists that have at least the country informed, as it is necessary to show the customer the delivery costs). The artist prepares the packaging and the documentation according to the shipping tutorial provided by ARTELISTA and sends ARTELISTA a photograph of the package and its dimensions. The artist undertakes to have the artwork packed and ready for shipment within a maximum period of three days from the moment of the notification of the sale sent by ARTELISTA. In the case of an export of an original artwork, due to the intermediation realized by ARTELISTA in the process of buying and selling, the exporter is the artist and becomes responsible of the management of all the formalities for the export. In the event that ARTELISTA has negotiated agreements with carriers, those depending on the country of origin and destination, ARTELISTA manages the shipment by sending the artist the delivery notes or the labels of the carrier for the picking-up. Once the customer receives the artwork and 14 calendar days have passed from its receipt, which is the period stipulated by ARTELISTA so that the customer can return the artwork, ARTELISTA will proceed to make the payment to the artist. The payment is made through Stripe to the bank account the artist has indicated in his/her ARTELISTA account or, when the artist's country does not allow payment through Stripe, by bank transfer from the ARTELISTA account. The amount is calculated on what the customer paid for the artwork, deducting the commission of ARTELISTA and applying at every time the current taxes or charges for each operation.
• Prints: ARTELISTA sells prints of original artworks to the customers. The customer purchases online on ARTELISTA the print of the artist’s original artwork. ARTELISTA receives the money from the customer and manages the printing of the high resolution picture. ARTELISTA’s suppliers print the reproduction and are responsible for the packaging. ARTELISTA manages the shipment of the print with the carriers. ARTELISTA sends a notification to the artist informing him/her of the sale and of the commission. Once 14 calendar days have passed from the receipt of the print by the customer, the payment to the artist is made by the same means as for original artworks, taking into account the artist’s commission and applying at every time the current taxes, deductions or charges for each operation.
• Payment processing services for artists on Artelista are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/es/connect-account/legal#translation), which includes the Stripe Terms of Service (https://stripe.com/es/legal#translation) (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a artist on Artelista, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Artelista enabling payment processing services through Stripe, you agree to provide Artelista accurate and complete information about you and your business, and you authorize Artelista to share it and transaction information related to your use of the payment processing services provided by Stripe.
Sixth.-Commission of artworks

The artist who has activated the option to accept commissions receives the requests of the users through the messaging system of the Website and freely decides whether to accept them. Once a commission is accepted, the artist undertakes to carry it out as agreed with the user and to publish the resulting artwork on the Website so that the user can purchase it, following from then on the process described in the fifth clause. ARTELISTA does not collect advance payments for commissions.

Seventh.-Price

The price of the artworks appear in the currency chosen by the customer. The price shown on the Website includes applicable local taxes – VAT, to the current type at any moment, and does not include possible taxes and import duties to the country of destination and others that may apply.

Eighth.-Services provided by ARTELISTA

Artelista offers the following services for the promotion and sale of artworks:
-Investment in online marketing: SEO, SEM, affiliation, etc.
-Collection of the payment from the customer through Stripe, the secure payment platform of ARTELISTA (card, PayPal, Bizum, SEPA Direct Debit and other methods depending on the country)
-Payment to the artist guaranteed. Artelista guarantees the payment of the sale through the signing of the present general conditions for sale.
-Issuing of a certificate of authenticity of the unique artwork that must be signed by the artist.
-Issuing of a certificate of authenticity of the print.
-Information and instructions for the packing of original artworks and for the needed exportation documents.
-Possibility of managing the logistics and shipping through the ARTELISTA’s account with the leading companies on international transport.
-Contracting of the transport insurance through agreements between ARTELISTA and first-rate international insurance companies.
-Customer service via email, phone and live chat.

Ninth.-Formalization of the sale of the artwork

Buying and selling of the artwork will be formalized at the moment the customer pays online the artwork.

Tenth.-Economic Conditions

Artelista offers the artist the following economic conditions: For the sale of original artworks: ARTELISTA offers the artist the 65% of the price of the original artwork set by the artist and paid by the customer. The commission perceived by ARTELISTA for all services rendered is the 35% of the price of the original artwork.
For the sale of prints: ARTELISTA pays the artist, as royalties for Author's Rights, the 35% of the price of the print paid by the customer, including the possible promotional discounts. The remaining 65% covers the printing costs, online marketing, logistics and customer service. Where applicable, ARTELISTA shall apply taxes and current deductions according to the country, individual and transaction. For original artworks, the artist's percentage improves according to the PRO plan he/she has contracted, as set out in the General Terms and Conditions for the contracting of PRO services. The percentage for prints is the same for every plan.
In case Artelista realize commercial actions and print sale oriented campaigns through third companies, the commission of the artist, as author rights payment, will be the 35% of the net margin of the sale of every print. The net margin is the remaining amount after deducting from the sale price paid by the customer the taxes, the fixed or variable costs of commercialisation or commissioning of the third company in charge of the campaign, the costs of printing and the expenses of shipment Artelista may incur. The payment to the artist will be realized once the third company realize the payment to ARTELISTA.

Eleventh.-Return of the artwork

In the event that the customer returns the artwork, ARTELISTA will deliver the artwork to the artist.
The artist, for the present contract, accepts the return of the artwork by the customer for any reason within the period set by ARTELISTA, 14 working days from the reception of the artwork by the customer.
The artist will inform of the reception of the artwork and of any anomaly in the shipment.
The artist does not assume any cost for the return of the artwork.
Similarly, the artist undertakes to accept the return of the artwork by delay or failure in the delivery to the customer, for lack of documentation associated with the delivery of the artwork, or for any other reason beyond ARTELISTA.
If the customer returns the artwork for any of the previously described reasons, Artelista would not be obliged to make the payment of the artwork to the artist.
If the artwork's origin country is in a different trade agreement to the one of the customer or the import system in the recipient country has special conditions (as in the Canary Islands, Ceuta and Melilla, custom fees and taxes may be applied and those will be charged to the importer (buyer). Until the payment of those taxes, custom clearance and import fees is made, the customer right to return the artwork would be suspended temporarily. The customer has a period of 14 days to make this payment after the communication by the courier or the national customs department.

Twelfth- Insurance and accident

ARTELISTA insures all the shipments of original artworks and prints for the value of the artwork. ARTELISTA takes this insurance with top international insurance companies.
In the event that the work suffered a loss and that the artist had perfectly followed the shipping tutorial provided by ARTELISTA, ARTELISTA agrees to pay the artist the commission for the sale of the work at the time of having cashed from the insurance company compensation for the loss.

Thirteenth-Security measures

Artelista guarantees Security Measures in the transactions to the artist, since Artelista has current security protocols and services.
Artelista also informs its users that payments are processed through Stripe, a payment platform certified under the PCI DSS standard, and that Artelista does not store card details or any other payment method details.

Fourteenth.-Guarantees

For the sale of original artworks, Artelista acts as a mediator between the authors of the artworks and the users that purchase them.
The artists guarantee the following for every artwork put up for sale:
• Authenticity
• Originality
• No violation of third party rights.
• The Artwork does not belong to the Historical Heritage of the country.
• The Artwork is neither an inexportable good nor an item of Cultural Interest.
Fifteenth.-Intellectual Property

As an addition to what is provided in the Terms of Use which are also applicable to the buying and selling realized by the users, the authors of the artworks announce Artelista that they are the holders of the intellectual property of the artworks and declare they are the holders of the intellectual property rights thereof.

Sixteenth.-Protection of Personal Data

As an addition to what is indicated in the Data Protection Policy of the Website, which is entirely applicable to this transaction, Artelista informs its users:
• That the data provided by the user in the purchase will be used by Artelista with the sole purpose of being able to formalize the sale and manage the delivery and eventual return of the acquired artwork.
• That the data will be incorporated in the files owned by Artelista, will be declared and will be registered in the Registration Data Protection Agency.
• That the transaction data will not be stored.
• Users may, at any time, in accordance with what is stated at the Organic Law 15/1999 of December 13, on Protection of Personal Data and on its development regulations, exercise the rights of access, rectification, cancellation and opposition of personal data, by means of a written request sent by email to the address info [at] artelista [dot] com.
Seventeenth-Obligations, breaches and sanctions

The artista must follow all indications, processes and protocols provided by ARTELISTA with the greatest possible diligence and quality.
The artist must not include any personal, third party, or commercial information in the shipment to the client. The artist hereby undertakes not to include any email, telephone, internet domain or any other in the packaging of the sold work.
The failure to comply with any of the artist's statements declared in these document and in particular those stated on the third clause, is considered very serious and, in the case that ARTELISTA considers it, it could lead to the removal of the artista from the ARTELISTA portal.
In the same way, it is considered a very serious breach the lack of disposition, access and sending of an work put up for sale by the artist and sold in ARTELISTA for not being able to send and deliver the work that the client has purchased. Said breach entails the artist removal of the ARTELISTA portal.

Eighteenth-nullity

On the assumption that any clause of these conditions was declared null and void, the rest of the clauses will remain valid and will have to be interpreted in accordance with the will of the parties and the aim of the text.

Nineteenth.-Applicable law and jurisdiction

These conditions will be ruled by the Spanish Law. In any controversy arisen from the interpretation and/or execution of these laws, both sides submit, to their free choice, and with renunciation of any other jurisdiction, to the jurisdiction that the current regulations of the Private International Law designate as competent.

First - Object

This General Terms and Conditions regulate the contracting of PRO services on WWW.ARTELISTA.COM.
The owner of this Website is the Spanish partnership Mcubed Web Services SL with domicile at Sant Cugat del Vallès, Carrer de les Ones, 3, Registered in the Barcelona Commercial Registry (Spain), T.46533, F.121, section H.523043, and holder of the CIF number B67270496 (hereinafter, “Artelista”)
The artists can contact Artelista through the electronic mail address customerservice[at]artelista[dot]com.
Through the Website, Artelista offers the users a site that allows them the exhibition and/or sale of artworks.
In addition to the space provided by Artelista for free, Artelista offers Pro services (hereinafter “PRO”) with which the display of the artist’s artworks is boosted.
The access to the Website is regulated by the Terms of Use and the Privacy Policy that the user accepts at the same moment he/she is registered on the Website and that will be applied, in the current version for every moment, every time the user access to the Website. The contracting of these PRO services is regulated by this General Terms and Conditions for the contracting of PRO Services. In case there was a disagreement between these General Terms and Conditions for the contracting of PRO Services and the Terms of Use and/or the Privacy Policy, the text of the General Terms and Conditions for the contracting of PRO Services will prevail over the rest.
ARTELISTA reserves the right to modify, without prior notice, the content of the PRO General Terms and Conditions, so Artelista recommends the USER to read the Conditions every time he/she contracts or renew the PRO Service on the PORTAL ARTELISTA.COM.

Second.-ARTELISTA provides a PRO outstanding space

Apart from the space that Artelista offers for free to exhibit and/or sell to all the artists, ARTELISTA offers paid spaces whose purpose is to boost the display and promotion of the artworks by those artists who contract a PRO service.

Third.-Services contained in the PRO service

ARTELISTA offers three PRO plans, Starter, Advanced and Master, whose content is detailed on the PRO plans page of the Website at the time of contracting. Every plan includes:
-Priority of the artist in the catalogue and in artist searches, above artists without a plan and according to the order of the plans.
-Pinned artworks on the artist's profile.
-Full profile, with biography, articles and comments.
-Custom cover image.
-Verified artist badge, subject to review by ARTELISTA.
-Artwork and visit statistics.

If the PRO artist sells an original artwork through ARTELISTA, the artist's share of the sale price of the original artwork is 65% on the Starter plan, 70% on the Advanced plan and 75% on the Master plan, against 65% for artists without a plan. The share for prints does not change with the plan.
The Advanced and Master plans also include:
-Promotion of the artist's artworks among ARTELISTA buyers.
-Inclusion in the ARTELISTA newsletters.
-Publication of the artist's contact details on his/her profile.
The Master plan also includes:
-Preselection for the Invest in Art section.
-A profile with no other artists suggested.

Fourth.-Coming into force, Duration and start of the Service

The contracting of the PRO Services will be formalized at the moment the artist confirms the subscription on the Website and provides a payment method, moment in which he/she accepts the present contracting general terms and conditions.
The Starter and Advanced plans include a 14-day free trial for those contracting a PRO plan for the first time. Nothing is charged during the trial and the artist can cancel the subscription at no cost. When the trial ends, the first contracted period is charged. The free trial period is offered only once per person. ARTELISTA may deny it to anyone who has already used it, regardless of the account used to subscribe.
The duration of the service may be monthly or annual, according to the period chosen when contracting. The contracted services will be automatically renewed for the same period and the amount of the renewal will be automatically charged to the payment method provided. The artist who does not wish to renew can cancel the subscription at any time from his/her account on the Website, in the subscription section. The cancellation takes effect at the end of the period already paid, during which the artist keeps the services of the plan, and gives no right to a refund of the amounts already paid.

Fifth.-Prices

The prices of each plan and period are those shown on the PRO plans page of the Website at the time of contracting, in the artist's currency or in the alternative offered. Payments are made through the Stripe payment platform, with the payment methods it offers according to the artist's country. The prices shown include the current VAT at every time if applicable. For every charge, ARTELISTA issues the corresponding invoice, which is available to the artist in his/her account.

Sixth.-Obligations, Statements and Guarantees

The artist declares that the use of the services provided by ARTELISTA, as well as the inclusion of content and logos of the artist, are not linked to an illegal activity or that violates the image and/or rights of ARTELISTA or third parties.
All information provided by the artist to ARTELISTA must be legal and truthful, and not likely to infringe rights of third parties. For this purpose the artist guarantees the authenticity of the information given to ARTELISTA both directly or through the web. Similarly, will be responsibility of the artist to maintain all the provided information permanently updated and adapted, at every moment, to the current situation of the artist. In any case, the artist will be solely responsible for false or inexact statements and for the damage this may cause to ARTELISTA or to the users.
ARTELISTA undertakes to render the artist the contracted services through the service selection page according to the present terms and conditions.
ARTELISTA reserves the right to put off, without prior notice when required by the urgency, the provision of the contracted service by virtue of the necessity of realizing tasks of maintenance, repair, updating or improvement of the service. Similarly, ARTELISTA reserves the right to modify these conditions, as well as the systems, the contents and the services related to them, notifying the artist beforehand in no less than fifteen (15) days through the artist menu on Artelista and/or through an e-mail to the address provided by the artist. The artist’s continuation on the use of the service provided by ARTELISTA after the modification notification sent by ARTELISTA will involve the artist’s acceptance of such modifications.
ARTELISTA will provide the services in accordance with the levels of quality applicable to it as a service provider. Notwithstanding the foregoing, the service provided by ARTELISTA will be conditioned by the state of the network of telecommunications of the Internet, so ARTELISTA will not be responsible for interruptions, delays, errors, malfunctions of the service and other inconveniences that may have their origin in causes that are beyond ARTELISTA’s control and/or due to a negligent, fraudulent or culpable action of the artist and/or owing to circumstances beyond ARTELISTA’s control. Without affecting what is established in the article 1105 of The Civil Code, the concept beyond ARTELISTA’s control will involve, for the purposes of the present contract, all those events beyond our control, and especially the failures of third parties, operators or service companies, Government acts, failure to access to third networks, acts or omissions of the Public Authorities, and those produced as a result of natural phenomena, outages, etc. The possible responsibility of ARTELISTA to the artist for all these concepts will be limited as a maximum to the amount received directly from the artist by ARTELISTA during the period of non-compliance of the contracted services.
ARTELISTA is not responsible for the economic yield and the trade results of the service, being responsible only for the suitability of the service for the purposes of promotion on the Internet. ARTELISTA is not responsible for any damage caused by the software, when those may be a consequence of an incorrect or negligent use of the same by the artist or by any person who makes use of thereof, with or without the authorization of the artist.
If necessary, the artist’s breach of any obligation allows Artelista to proceed to the immediate interruption of any of the services contracted by the artist for the period that lasts the breach.

Seventh- Security Measures

Artelista guarantees Security Measures in the transactions to the artist, since Artelista has current security protocols and services.
Artelista also informs its users that payments are processed through Stripe, a payment platform certified under the PCI DSS standard, and that Artelista does not store card details or any other payment method details.

Eighth.-Intellectual Property

As an addition to what is provided in the Terms of Use, the authors of the artworks announce Artelista that they are the holders of the intellectual property of the artworks and declare they are the holders of the intellectual property rights thereof.

Ninth.-Protection of Personal Data

As an addition to what is indicated in the Data Protection Policy of the Website, which is entirely applicable to this transaction, Artelista informs its users:
• That the data provided by the user during the PRO buying process will be used by Artelista with the only aim of being able to formalize the contracting of the service.
• That the data will be incorporated in the files owned by Artelista, will be declared and will be registered in the Registration Data Protection Agency.
• That the transaction data will not be stored.
• That at any moment and according to what is provided in the Organic Law 15/1999 dated 13 December on the Protection of Personal Data and its development Regulations, the users will be able to exercise their rights of access, rectification, cancellation and opposition of their personal data by means of a written request to be sent to the electronic mail address customerservice[at]artelista[dot]com.
Tenth.-Obligations, Breaches and Sanctions

The artista must follow all indications, processes and protocols provided by ARTELISTA with the greatest possible diligence and quality.
The non-payment of the renewal of the PRO Service will involve the automatic interruption of the service.

Eleventh.-Prohibition of assignment and modification of circumstances

The artist is not allowed to resell, assign or transmit in any way the present contract or the rights that derive from it.
Any resale, assignment or transmission made by the artist of this contract or its rights will be null and void for ARTELISTA and
will involve the automatic and immediate interruption of the contract.
Both parties must inform mutually of the modifications of the circumstances that may influence the present contract.

Twelfth-Interruption of the contract

The present contract will expire for the general causes of expiry of contracts and, in particular, for those established below:
1. By cancellation of the subscription by the artist from his/her account on the Website, at any time before the end of the current period, taking effect at the end of that period.
2. For decision of ARTELISTA (i) by desist by ARTELISTA at any time, by notifying the artist 30 days in advance to the moment in which it has to take effect, in the case of (ii) the use of the service by the artist in any way which may be contrary to what is provided in the present contract or to practices commonly accepted as a proper use of the services of diffusion and marketing online; (iii) if there are difficulties in the provision of the service for reasons attributable to the artist; (vi) default in the payment of the service for a period exceeding seven working days. In addition, ARTELISTA has authority to interrupt temporarily any of the contracted services in accordance with the established in the sixth clause of this contract.
The communications between the parties regarding this clause should be made via fax, Bureau fax or e-mail with acknowledgement of receipt assigned by the parties for the communication between them.
In any case, the expiry of this contract will exonerate the artist from his/her duty to pay ARTELISTA for the use of the service.
In the event of interruption of the contract by the artist or by ARTELISTA due to a failure of the artist, ARTELISTA shall not be obliged to make a refund of the sum of the service.

Thirteenth- Nullity

On the assumption that any clause of these conditions was declared null and void, the rest of the clauses will remain valid and will have to be interpreted in accordance with the will of the parties and the aim of the text.

Fourteenth- Applicable Law and jurisdiction

These conditions will be ruled by the Spanish Law. In any controversy arisen from the interpretation and/or execution of these laws, both sides submit, to their free choice, and with renunciation of any other jurisdiction, to the jurisdiction that the current regulations of the Private International Law designate as competent.