Terms & Conditions – Marketplace

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Last updated: August 5th 2022

Preamble

This Agreement is entered into by and between Artivive GmbH, hereafter referred to as “Artivive”, “us”, “our/s”, and other party, hereafter referred to as “You”, “the Client”, to acknowledge the understanding and compliance of the following terms. Artivive is an award-winning Augmented Reality (AR) tool that allows users to create new dimensions of art, by bridging the gap between classical and digital art.

The Artivive web shop, a part of the “Marketplace” includes but it is not limited to artworks of the artist to be sold to customers, atworks to be rented as an exhibition, consultancy packages, workshops, recordings of workshops, art consultancy packages and  commissioned artworks .

By making use of, accessing, purchasing something from Us or registering with any of our services, you agree to be bound by these Terms together with any documents they expressly incorporate by reference.  The Terms are triggered immediately in any of those instances. If you do not agree to abide by the above, please do not use these services. Artivive will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms and Conditions.

As our Services are mostly used in conjunction with our App, we recommend you to familiarize yourself with the Terms and Conditions specifically applicable to said App:

Artivive’s Terms and Conditions are the basis of this Agreement.

Confirmation

When confirming your purchase you are entering into a binding agreement for your purchase. The pages of the Marketplace will guide you through the steps you need to take to place an order. The order process allows you to check and amend any errors before submitting your order. If you want to change or cancel your order you must contact us as soon as possible.

Pricing

When shopping from within the EU, all displayed prices include VAT. When shopping from outside the EU, the prices displayed are excluding VAT.

Artivive may on occasion provide special offers, with conditions that apply only for the duration of the special offer and for the special products set forth by us in connection therewith. We reserve the right to withdraw such offers at any time, and restrictions apply.

Artivive reserves the right to change prices at any time. Such changes only apply to items and services purchased after such a change.

Modifications to the Website

Artivive reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. Artivive shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices.

In the event a product is listed at an incorrect price or a promotion is incorrectly applied, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged.

Ability to Accept Terms of Service

You affirm that  you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and  you understand and will comply with all of these Terms of Service.

Gift Card purchase

Gift Cards are issued by email to the address specified at time of purchase and can be sent to You.

It is Your  responsibility to correctly address Gift Cards and Artivive is not liable or responsible for any loss suffered when the incorrect email address has been entered by the User.

You have 14 calendar days to return an item from the date you received it. Please contact us if you wish to do so. Any refunds will go back to the original card or payment method used to purchase the item.

Updating Terms

Without affecting orders for users who have already confirmed  the order,  We maintain the right to update or modify any of these Terms without prior notice to you. By continuing to use our service  after the Terms and Conditions have been changed, you are deemed to accept the new Terms. It is recommended that you check every now and again for changes to these Terms yourself. Should there be any significant changes, we will notify you via email.

Purchase of Framed Art Prints

Conditions of Sale

Your purchase will be confirmed through a number of emails to you including order confirmation, order processing confirmation, order shipment information and, once delivered, an invoice.

Shipping and Delivery

We use an external company to handle the shipping and delivery of our prints. The reason for this is the high standard of quality and production of the company, global quality assurance due to production taking place in their own facilities (located in Europe and USA), and shipping times of a maximum of 10 days at fair prices. For Terms specific to Printful, please see below:

https://www.printful.com/policies/terms-of-service

We do not charge you for the shipping fee, although we retain the right to change this at any point. Artivive is not liable for any delays in shipping, including but not limited to, any act or event beyond reasonable control such as general labor disputes, civil commotion, natural disasters, strikes, acts of war, technological problems, changed governmental orders, communication delay or defect with sub suppliers, etc.In the rare event that an item is obviously damaged upon arrival, please report this incident to the carrier and notify us without delay providing as much information as you can such as:

• Your name and contact information;
• Order number;
• Date of delivery;
• Condition upon arrival (please include pictures wherever possible).

Returns and Refund Policy

Under EU law, you have 14 days to return a purchased item. Please contact us if you wish to do so. Any refunds will go back to the original card or payment method used to purchase the item.

Workshops

Artivive offers workshop tickets. Purchasing a ticket to attend a workshop entitles the holder to participate.  

If less than 5 participants have registered 72 hours before the respective workshop, the workshop will not take place and the participants will be informed. After that, the participants will either get their money back or a voucher will be issued.

Participant Requirements

By participating in the workshop  you acknowledge and agree to grant Artivive the right at the Workshop to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Artivive includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

Programme changes

You acknowledge and agree that Artivive, in its sole discretion, reserves the right to change any and all aspects of the Workshop, including but not limited to, the Workshop name, speakers, performers, hosts, moderators, venue, and time.  

Prohibited Conduct

By registering for Artivive’s workshop you agree not to sell, trade, transfer, or share your complimentary access link and/or code, unless such transfer is granted by Artivive.

You may not instigate or encourage others to commit illegal activities or cause injury or property damage to any person, and You may not post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind.

You acknowledge and agree that Artivive reserves the right to remove you from the Workshop if Artivive, in its sole discretion, determines that your participation or behavior creates a disruption or hinder the Workshop or the enjoyment of the content by other attendees.

Workshop recordings

Returns and Refund Policy

Once the full payment has been made by the client and received by Artivive, Artivive will send the file with the workshop recording.

The right of withdrawal does not apply in cases of products where they are excluded from the relevant legislation.  Accordingly, products of digital content cannot be returned.

Renting an Exhibition

Working with elite curators, artists, animators, and musicians from around the world to create AR Art Exhibitions, Artivive offers Your visitors and customers a new way to experience art. The Artivive’s “Marketplace”  includes artworks of the artist to be rented for Your gallery / art space/ office / shopping mall / event space.  

License period

Artivive agrees to grant to you a non-exclusive royalty free license to use the relevant materials for the purposes of the exhibition and duration depends on your chosen duration of the package. The respective current packages  are announced on the Platform.  

Conditions of Rent

There are numerous pre-existing exhibitions to choose from and each exhibition consists of a number of artworks. It is not possible to rent part of it but only the exhibition as a whole.  

Your purchase of the rent and the license  will be confirmed through a number of emails to you.

Once the full payment has been made by the client and received by Artivive, Artivive will send the zip file with print files, to be used for the exhibition.

After receiving a file, you acknowledge it is your responsibility for the process that follows i.e printing and possible framing.

Returns and Refund Policy

Cancellation requests must be submitted by the client in writing.

After opening a zip file (from the moment downloading begins) with all the artwork print files by the client, it will not be possible to return the files and  no refund will be issued.

Acceptable use

You may not change the artwork nor remove any copyright, trade mark or other intellectual property notices contained in the original material from materials downloaded or printed from the Services.

You may not use the Service (or any part of them) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously.

Once the licensed period ends, the client ensures that there will be no further use of the technology or artworks (including any and all physical and digital components) and will permanently destroy any and all copies produced for this exhibition.

The content provided by Artivive may only be used in the context it has been intended for: the exhibition declared in this Agreement, and only for the time period specified.

The intellectual property and commercial usage rights are to remain with the initial owner without limitations.

Art Consultancy Packages

We are offering consulting services  in the form of different hourly packages of consultation lessons to be consumed by the Client. The respective current prices are announced on the Platform.  

Credit for hours that are still open can also be waived if the entire package is not used up within a certain period of time.

Returns and Refund Policy

A consumer has 14 days to exercise his right of withdrawal but only if services were not used i.e. if the time of the package was not consumed. In the case that it was, we may, under exceptional circumstances and without prejudice, apply a credit to a future purchase.

If the scope of work is exceeded, Artivive will invoice a further charge of €125.00 (One hundred and twenty-five euros) per hour to cover the increased workload.

Salvatory Clause

If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of a party to insist on the performance of an obligation hereunder shall not be deemed to be a waiver of such obligation or of any other obligation. The parties acknowledge and agree that your material breach of these Terms adversely affecting our proprietary rights would cause irreparable harm to us, for which a remedy at law would be inadequate and that we shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. Notices under these Terms and any comments, questions, or complaints regarding Artivive should be sent to:

General Terms

Artivive’s Terms and Conditions are the basis of this Agreement.

If any part of these Terms is found void and unenforceable, it will not affect the validity of any other clauses of these Terms, which shall remain valid and enforceable.

Notices under these Terms and any comments, questions, or complaints regarding this Agreement should be sent to Artivive.

Contact
Artivive GmbH
Reindorfgasse 38/1/R01
1150 Vienna
Austria

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