Terms and Conditions of Use

Last update: January 2020

Introduction

The RDN Arts is a company based in Spain with offices located at Ruiz de Alarcon 27, 28014 Madrid – Spain, with Tax I.D. Code (“N.I.F.”) B87519021, (hereinafter referred to as ‘RDN Arts’), provides a marketplace on rdnarts.com (hereinafter referred to as the ‘Website’), that allows buyers (hereinafter referred to as ‘Buyers’ or ‘You’), to buy artworks (hereinafter referred to as the ‘Products’ or ‘Artworks’) at a fixed price (hereinafter referred to as the ‘Service’).

To use the Service, the Buyer must accept and agree to comply with these Terms and Conditions of use (hereinafter referred to as the ‘Terms of use’) without restriction or reservation.

RDN Arts reserves the right to modify these Terms of Use. All changes will take effect for online Products from the moment they are posted online on the Website.

Subject

These Terms of Use are intended to define the conditions under which RDN Arts provides the Buyers, as part of the Service, technological tools allowing them to buy the Products.

Description of the Service

The Service consists of a set of tools to help Buyers to buy artworks, to pay the price of the Products and to confirm receipt of the Products.

However, in an ongoing effort to improve the quality of its services and to better select partners, RDN Arts invites You to submit all comments and suggestions you might wish to bring to its attention concerning the quality of transactions made through the Service.

For this purpose, RDN Arts has provided a contact form on the contact page.

Moreover, in the case of a breach of these Terms of Use, RDN Arts reserves the right to temporarily or permanently suspend access to the Service for the Buyer concerned.

Each Buyer agrees to conclude purchases in all good faith.

Access to the Service

In addition to the acceptance of these Terms of Use, access to the Service requires you to provide information to authorize your identification. You agree to only provide accurate information, and to inform RDN Arts of any change affecting it without delay, by using the contact form.

To use the Service as a registered user, you must use the username and password you created when opening your account. You agree to keep this information secret and not to give it to any third party. You will be solely responsible for the access to the Service via your username and password unless there is evidence of fraudulent use for which You would not be accountable.

In case of loss, misuse, or unauthorized use of your username and/or password, You agree to immediately notify RDN Arts by using the contact form.

Cost of the Service

The opening of an account and use of the Service are free (excluding any connection costs, the price of which depends on your electronic communication provider), without obligation to purchase on the Website. Only the purchase of Products is to be paid for.

Personal data

Information and data about You are managed by RDN Arts. Unless otherwise stated, they are essential to the management of the Buyer’s account and access to the Service. The information required for delivery will be transferred to the shipping company for that purpose only. The information and data will also be stored for security purposes, in order to comply with any legal obligations and regulations, that may be applicable to RDN Arts, and thus to enable us to improve and personalize the Services that we offer to You and the information that we send to You.

Subsequent to January 6, 1978, Data Processing and Civil Liberties Law You have the right to oppose, access, rectify, and delete personal data about You, under the conditions set by law. To exercise this right, You must use the contact form or send an e-mail to [email protected], mentioning your first and last name, your e-mail address and home addresses. In accordance with applicable regulations, your request must be signed and be accompanied by a photocopy of an identity card bearing your signature and the address to which the response should be sent. A response will be sent to You within a maximum period of two months following receipt of the request.

You are likely to receive offers from our company, depending on the choices made when you created your account or subscribed to our mailing list. If you no longer want to receive such offers, You may at any time unsubscribe from this service.

The Website is also designed to be particularly attentive to the needs of our clients. Cookies are only used by RDN Arts to improve the personalized service intended for its users. A cookie is designed to indicate your use of the Website.

Intellectual property

All texts, comments, works, Artworks, and images reproduced or depicted on the Site are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world. As such, only private use, subject to different rules even more restrictive than the European Code of Intellectual Property, is permitted.

Any reproduction, representation, modification or adaptation in whole or in part of the Website and/or all or part of the elements that appear on the Website or that are integrated within it, is strictly prohibited.

Buyers agree to make every effort to notify RDN Arts of any infringement of intellectual property rights that they may notice.

Responsibility and guarantees

Use of the Website implies the knowledge and acceptance of the characteristics and limits of the internet, and of any translations of the Website into any languages other than French and in particular those relating to technical performance; response times when consulting, searching for or transferring information; and of the risks inherent in any connection and transmission over the internet.

Consequently, in the absence of any failure on its part, RDN Arts cannot be held responsible for any damage that may be suffered by a Buyer, in particular, but not exhaustively for any:

operating losses, loss of information, resulting from any malfunctions, breakdowns, delays or interruptions of access to the internet;
transmission and/or receipt of any data and/or information over the internet;
consequences of any virus, computer bug, anomaly, technical defect;
defect in any reception equipment or lines of communication;
loss of any email and, more generally, any loss of any data;
any damage caused to the computer, PDA or Smartphone etc. belonging to a user who connects to the Website;
any technical, material or software defects of any nature, that may have prevented or limited the ability to use the Website or may have damaged the system of any user who connects to the Website;
any technical fault or manifest error (in particular technical, material, software, price display, translation, etc., of any nature, having prevented or limited the ability to use the Website or having misled a user connected to the Website;
indirect damage.

All users of the internet are required to take all appropriate measures in order to: (i)protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage (ii) be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Website (by sending an email via the contact form) so that RDN Arts can make all verifications, and if necessary, erroneous information can be corrected

The responsibility of RDN Arts towards the Buyer cannot be engaged except where the facts are exclusively attributable to him/her and where he/she would suffer prejudice directly related to those facts. RDN Arts cannot be held responsible for indirect loss or damage. Neither shall RDN Arts be held responsible for any incorrect use of the Service by the Buyer or for any fault on his/her part. Neither shall RDN Arts be held responsible for any loss or damages attributable to a third party to the Service.

By using the Website, the Buyer declares that he/she is fully informed of the characteristics and restrictions of the internet, that he/she alone is responsible for the information supplied in the context of his/her account on the Website and for his/her relations with other users of the Service.

The Buyer is solely responsible for his/her usage of the Service.

The Buyer agrees, upon a first request including in the event of an inconclusive court decision, to compensate and indemnify RDN Arts for any damage, loss, loss of earnings, complaint, liability and costs including legal fees and costs that RDN Arts may incur if its responsibility should be called into question by a third party, due to a claim or action linked to such use of the Service by the Buyer.

Buyers are informed that RDN Arts may communicate any information about them, including personal information, to the relevant authorities responsible for the repression of fraud and crime.

Partial nullity

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.

Duration and validity

The Buyer is subject to these Terms of Use as soon as he/she registers on the Website and until its account is deleted, whether or not he/she carries out any transactions on the Website. RDN Arts reserves the right to modify these Terms of Use at any moment.

The modified Terms of Use will be displayed online on the Website. The Buyer will be informed of any modifications by the sending of an email by RDN Arts to the email address provided by the Buyer when registering for the Service.

The Terms of Use applicable are those in force at the time of use of the services of the Website by the Buyer.

Applicable law

These Terms of Use are subject to Spanish law. Any dispute concerning their interpretation and/or execution shall be relieved by the Spanish courts.