Last Updated: September 28th, 2020
To allow you to best of use our services please take the time to read these general conditions of use “GCU”.
1- PURPOSE OF THE GCU
The GCU are intended to define the rules of use of the Site by the User, as well as the obligations of BRUTALART. The User agrees each time he/she visits to the Site, to respect the present GCU applicable to all services and the contents available on the Site. As a result, the User accepts, without any reservation, these GCU in their entirety before any use of this Site and its services. The simple use of the Site automatically entails the Seller’s acceptance of the GCU.
2- OPPOSABILITY OF THE GCU
BRUTALART reserves the right to modify, at any time, the GCU in order to factor in any legal, jurisprudential, editorial, functional and/or technical evolution required.The version of the GCU that shall prevail is the one that is accessible and downloadable online via the Site on the day the Site is being used by the User. Any use of the Site by the User after posting the modified GCU constitutes acceptance of the said GCU by the latter.
3- DESCRIPTION OF SERVICES
The Site offers Users a service allowing them to consult the catalogue of the various artworks offered for sale by the artists registered through the Site, as well as make offers to purchase artworks that are for sale.
The sales are made in application of the General Conditions of Sale the User must refer to before any purchase.
4- ACCESS TO SERVICES
The use of the Site and its services implies acceptance of these GCU, without however having to create a User account. The Site allows the User free access to the services. The Site is accessible free of charge by any User with an Internet connection. Expenses (Internet, hardware…) incurred by the User to access the Site remain his/her Responsibility.
5- INTELLECTUAL PROPERTY
BRUTALART is the exclusive owner of all intellectual property rights on both the development of the Site and its content unless expressly mentioned otherwise. The Site, brands, drawings and models, images, texts, photos, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, and any other content available on the Site, although this list is not exhaustive, are the exclusive property of BRUTALART and are protected by the provisions of the copyright law, trademark laws, patent law and any other right of intellectual or industrial property in force. The User must seek the prior approval of BRUTALART for any reproduction, publication, copy of the various contents from the Site. Any full or partial reproduction, by any process whatsoever, of the content of the Site without the prior authorisation from BRUTALART, would constitute an infringement of the Code of Intellectual Property.
6- COOKIES & PERSONAL DATA
Use and condition of personal data are available in the Private Policy
These GCU enter into force from the time the User accesses the Site and without the need for him to create a user account or to log into the site.
They apply as long as the User utilises the services of BRUTALART.
8- BRUTALART’S LIABILITY
In its relationship with the User, BRUTALART shall not be held responsible for: the interruption of operation of the site or inability to access it, or adverse conditions of usage of the Site ; any loss of data, time, opportunity and/or any other indirect damage related to the use of the Site.
9- ENTIRE CONTRACT
These GCU constitute the entire terms and conditions agreed between BRUTALART and the User and replace any earlier agreement, written or oral, relating to the purpose of the GCU. All additional terms and conditions or dispute pertaining to the purpose of the GCU and contained in any written or oral communication addressed toBRUTALART will be void and
If, for any reason and to any extent whatsoever a provision of these terms should be deemed as void or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of these GCU and the relevant stipulation shall be applied to the extent permitted by law.
11- APPLICABLE LAW
These GCU are governed by Estonian law. This applies to substantive and procedural principles and notwithstanding the places of performance of the obligations under these GCU.