INTRODUCTION

The commercial company Neves & Ressurreição, Lda. (NIF 517235889), has implemented on its website https://www.art350.pt/ , an online marketplace (hereinafter “Art360”) that allows buyers (hereinafter “Buyers”) and sellers (hereinafter “Sellers”), jointly referred to as “Parties”, to buy and sell artworks and artwork (hereinafter “Products”) at a price previously defined by the Buyer (hereinafter “Service”).

Anyone who wishes to use this Service must abide by these Art360 Terms and Conditions (hereinafter “Terms”) without reservation or condition, which declaration of will is expressed at the moment the Seller places the respective ad and the Buyer validates the respective purchase.

The sales made through the Service between Buyers and Sellers are governed by Art360’s Terms and Conditions, which must be accepted by the Buyer upon each purchase and by the Seller upon placing the Products for sale on Art360.

In this way, Neves & Ressurreição, Lda, describes below first, the General Conditions of Use of the Site, second, the General Conditions of Use for Buyers, third, the General Conditions of Use for Sellers, and the General Conditions of Sale.

I – GENERAL PART

Article 1 – Scope and Object

The purpose of these Terms and Conditions is to establish, between the parties, the terms and responsibilities underlying the performance of the Service, as well as to make available and define all the necessary information to Buyers and Sellers about the modalities of ordering, selling, payment and delivery of purchases made at Art360.

Article 2 – Definitions

For the purposes of these terms and conditions

  1. Intermediary Services Provider: Neves & Ressurreição, Lda, a trading company headquartered at Praceta de Pinheiros, 34 4430-249 Vila Nova de Gaia, hereinafter referred to by the acronym PIS (Prestadora Intermediária de Servíços;
  2. Site: art360.pt Internet site that functions as a centralized access point to information available on the Internet;
  3. Seller: the owner of the movable good, with the capacity and legitimacy to promote the sale;
  4. Buyer: a natural or legal person with legal capacity who intends to acquire a movable good whose sale is promoted through the art360 platform;
  5. Registration: the process by which any person, natural or legal, may register on the website and buy or sell according to the applicable terms and conditions; registration is a prerequisite to participation;
  6. Art360: a platform where buyers and sellers can register for the purpose of buying and selling products;
  7. Service: set of technological tools that allows the Parties to register with Art360, and that allows Buyers to purchase products from Sellers, and, on the other hand, allows Buyers to put their products for sale.

Article 3 – Operation of the Marketplace

  1. Art360 allows Buyers to browse, order, pay the price and confirm receipt of the Products sold by the Sellers on the Art360 site and, in turn, allows Sellers to display their Products, reference and describe those Products, accept the orders placed by Buyers, charge the price of the Products purchased, manage the after-sales service of the Products sold and any contact needs.
  2. The operations performed through Art360 are concluded directly between Buyer and Seller, in compliance with the precepts and other legal requirements in force.
  3. PIS does not assume the position of agent, distributor or representative of the Sellers, nor of reseller of the Products proposed by the Sellers through Art360.
  4. The products advertised and sold on Art360 are the sole responsibility of the Sellers, namely regarding their ownership, quality, safety, origin, guarantee and compliance with the applicable legislation.

II – GENERAL CONDITIONS OF USE FOR BUYERS

Article 4 – Buyers

  1. The Buyer can only buy from Art360 after accepting these Terms and Conditions and the Privacy Policy without any restrictions or reservations.
  2. For this purpose, the Buyer must provide the data that allows his exact identification, and any changes that exist must be made to the existing account.
  3. The Buyer must guide his behavior and make purchases according to the principle of good faith.
  4. The Buyer declares to act as a consumer in accordance with the provisions of Law 24/96 of July 31, which regulates the Consumer Protection Law.

Article 5 – Personal Data

  1. The information and personal data will be processed by Neves & Ressureição, Lda, and are indispensable to ensure the management of the account and access to the service, namely, for processing orders, complaints, clarification of doubts and information regarding the purchase of Products, and transmission of information to the Seller for the purchase.
  2. In accordance with the Personal Data Protection legislation in force, the Purchaser may at all times exercise his or her rights of access, rectification, erasure, limitation, opposition and portability, by requesting any of the following means:
  • E-mail: info@art360.pt
  1. Phone: +351 912 984 129 (call cost for national mobile network).
  2. The Buyer’s personal data will be kept only for the time necessary to achieve the purpose for which they were collected.
  3. In legal terms, the data subject has the right to lodge a complaint regarding the protection of personal data with the competent supervisory authority, the National Commission for Data Protection (CNPD).
  4. Neves & Ressureição, Lda. is the Data Protection Officer who is involved in all matters relating to the protection of personal data, whose contact details are (info@art360.pt).

III – GENERAL CONDITIONS OF USE FOR SELLERS

Article 6 – Vendors

  1. The Seller may only display its Products, reference and describe those Products, accept orders placed by Buyers, charge the price of the purchased Products, manage the after-sales service of the sold Products and any contact needs after accepting these Terms and Conditions and the Privacy Policy without any restrictions or reservations.
  2. For this purpose, the Seller must provide the data that allows his exact identification, and any changes that exist must be made to the existing account.
  3. The Seller must guide his behavior and make sales according to the principle of good faith.
  4. Transactions made through the Service in connection with the sale of Products are concluded directly between Buyer and Seller. Neves & Ressurreição, Lda. is in no case a reseller of the Products offered by the Sellers through the Service.
  5. To use the Service, the Seller must use his e-mail address and password created when he opened his account. The Seller undertakes to keep them secret and not to disclose them to any third party. Indeed, the Seller will be solely responsible for access to the Service thanks to his e-mail address and password, unless he proves fraudulent use that is not attributable to him.

Article 7 – Obligations concerning transactions carried out through the service

  1. The Seller must always be a legal entity or have sole proprietorship status, and must correctly identify itself to Buyers.
  2. The Seller expressly undertakes to identify himself as acting in the capacity of a professional Seller since he sells Products through the Service on a regular basis and for profit. The Seller undertakes to comply with the applicable legislation regarding the exercise of a commercial activity (including registration, accounting, tax and contribution obligations).
  3. In particular, Seller undertakes to comply with the laws to which it is subject in its capacity as a professional, which is its sole responsibility, regarding the Products it sells on the Site.
  4. The Seller undertakes to make every effort to best fulfill its obligations by providing quality service to Buyers.
  5. To this end, the Seller undertakes in particular to reply to e-mail messages from PIS as well as to e-mail messages from Buyers within 2 (two) working days from receipt thereof.
  6. Seller shall provide the following Information on all sales of Products through the MarketPlace:
  • Name, postal address and email address or website of the Seller whose Product deliveries are facilitated through the Marketplace;
  • Seller’s VAT identification number or national tax identification number;
  • Seller’s bank account number or virtual account number;
  • Description of the nature of the Products and their quantity;
  • Taxable amount with indication of the currency used;
  • Place where the shipping or transportation of the Products ends;
  • Products Delivery Date;
  • Order number or the unique transaction number;
  • Member State of consumption where the Products are delivered (Portugal);
  • Applicable VAT rate;
  • Date and amount of payments received;
  • In case of invoicing, the information contained in the invoice;
  • Any payments on account received before delivery of the Products;
  • Information used to determine where shipment or transportation of the Products to the purchaser begins and where it ends;
  • Proof of any return of the Products, including taxable value and the VAT rate applied;
  • Indication of where shipment or transportation of the Products to Buyer begins (i.e., country of shipment) and where it ends (i.e., country of consumption where the Products will be delivered);
  1. The Seller undertakes and guarantees that it will only sell Products that it owns or has the rights to sell, and that it is solely responsible for the placement of the Products it offers for sale on the site.
  2. the Seller undertakes to act in good faith. The Seller is solely responsible for the accuracy of the indications contained in the description of the Products and undertakes that these shall not create a risk of misleading potential Buyers, either with regard to the characteristics of the Product or with regard to its condition or price.
  3. The selling price of the Products is set freely by Seller with all taxes, fees and expenses included, but with the exception of transportation expenses.
  4. Payment for purchases made through the Service is made to PIS, which receives the corresponding amount, in the name and on behalf of the Seller.
  5. For each order of Products received by a Buyer, PIS will charge the Seller a commission equal to a percentage, equivalent to 30%, of the corresponding amount, shipping costs included and VAT added.
  6. The Seller exonerates Neves & Resurreição, Lda, from any liability, claim, complaint, etc. that may be directed against it arising from the announcement and/or sale of the Product(s) by the Seller. As a consequence, Neves & Ressurreição, Lda, will not be responsible or liable, for whatever reason, for the Products, prices, performance, etc. of the Seller. If a sanction is applied to Neves & Ressurreição, Lda. for these reasons, the Seller undertakes to assume the same and to reimburse Fnac Portugal for all the amounts that have been spent by the latter in this regard.

Article 8 – Personal Data

  1. The information and personal data will be processed by Neves & Ressureição, Lda, and are indispensable to ensure the management of the account and access to the service, namely, for processing orders, complaints, clarification of doubts and information regarding the purchase of Products, and transmission of information to the Seller for the purchase.
  2. In accordance with the Personal Data Protection legislation in force, the Purchaser may at all times exercise his or her rights of access, rectification, erasure, limitation, opposition and portability, by requesting any of the following means:
  3. E-mail: info@art360.pt
  4. Phone: +351 912 984 129 (call charge to national mobile network).
  5. The Seller’s personal data will be kept only for the time necessary to achieve the purpose for which it was collected.
  6. In legal terms, the data subject has the right to lodge a complaint regarding the protection of personal data with the competent supervisory authority, the National Commission for Data Protection (CNPD).
  7. Neves & Ressureição, Lda. is the Data Protection Officer who is involved in all matters relating to the protection of personal data, whose contact details are (info@art360.pt).

IV – GENERAL SALES CONDITIONS

Article 9 – Conclusion of Purchase and Sale Contract

  1. The Products are presented on the site with a description that allows the Buyer to know their essential characteristics and price.
  2. The Buyer selects the Product(s) he wants to purchase.
  3. You confirm your choice of Product(s) and acknowledge and accept these Terms by a validation click.
  4. The Buyer pays for the Product(s).
  5. The Buyer receives an e-mail message confirming acceptance of his order. However, the purchase contract concluded between Buyer and Seller is subject to the resolutive condition of the availability of the Product.
  6. The Seller is informed by the Company that one or more Products he has offered for sale has been the subject of an order.
  7. The Seller undertakes to confirm and/or inform the availability of the Product(s) ordered by the Buyer within two (2) business days from the receipt of the information as provided in paragraph 6 above.
  8. If the same Product is the subject of an order by several Buyers at the same time, and depending on the availability of this Product (scarce, unique, second-hand product), it will be sold to the first Buyer who registers and pays his order. The order placed by the other Buyers will be cancelled.
  9. Once the order has been validated or infirmed by the Seller, an e-mail message is sent to the Buyer to inform him of the shipment or cancellation of the order.
  10. In case of total or partial confirmation of the order by the Seller, the resolutive condition that forms part of the sales contract between the Buyer and the Seller will not apply, and the Seller undertakes to ship the order within the stipulated period.
  11. In the absence of confirmation of availability of the Product(s) within the period provided for in point 7 above, the purchase and sales contract entered into between Buyer and Seller is automatically terminated and each party is released from its obligations. Only the contract relating to the sale of the unavailable Product(s) is covered by this resolution.
  12. In case of confirmation of availability of all or part of the Products ordered by the Buyer, the said Products are shipped by the Company from the address of the Seller.
  13. The Product(s) are shipped by the Company to the address indicated by the Buyer during checkout. Therefore, it is the Buyer’s sole responsibility to verify that the data provided is correct and allows him to receive the Product.
  14. Buyer shall confirm receipt of the product(s), the conformity of the product(s) and the condition of the product(s).
  15. In the absence of confirmation, the Product is presumed to have been received in conformity and in good condition within 15 (fifteen) days from the date of shipment.

Article 10 – Price and Payment

  1. The price for the purchase of the Product is determined by the Seller.
  2. The price is indicated in euros with all taxes and fees included on the description sheet, but excluding delivery charges, which will be added before the order is validated, except for current campaigns.
  3. Payment for purchases made through the Service is made to PIS, which receives the corresponding amount, in the name and on behalf of the Seller.

Article 11 – Right of Withdrawal

  1. Under the terms of the legislation in force, in the context of a purchase made from a Seller, the Purchaser has a period of 14 (fourteen) days from receipt of the Product(s) ordered to exercise, with the Company, his right of free termination without payment of compensation and without the need to state the reason.
  2. If you exercise the right of free withdrawal within the above-mentioned period, only the price of the purchased Product(s) will be refunded. The cost of return is the Buyer’s responsibility, except in the case of a current campaign.
  3. The Product(s) must be returned in its original condition and complete (packaging, accessories, instruction manual, etc.) packaged in the same way as when shipped.
  4. The Buyer exercises his right of free termination directly with the Company.
  5. The reimbursement of returned products is made by the Company to the Buyer in the shortest possible time and within fourteen (14) days from the date of the exercise of the right of free withdrawal.

Article 12 – Guarantee

  1. The warranty for Art360 Products is the sole responsibility of the respective Marketplace Sellers.
  2. If the product is returned by the Buyer, the Buyer shall not bear the costs of shipping. If the product is found to be non-compliant, the shipping charges will be reimbursed by the Seller. If the product is misused, the Buyer will be responsible for the shipping costs only.

Article 13 – Responsibility

  1. SIP is not responsible for any faulty use of Art360 by the user or for any error on his/her part in the purchasing process, nor for facts attributable to a third party entity.
  2. SIP is not liable for damages that result from failures or deficiencies of Art360 or its maintenance operations, as well as any unforeseeable and insurmountable events, beyond its will or control, that prevent it, wholly or partially, permanently or temporarily, from fulfilling its obligations under the Agreement and/or that result from the non-performance, delay or defective fulfillment that are not attributable, by way of malice or serious fault, to the Company or its representatives, agents, assistants or any other persons that it uses for the fulfillment of its obligations.
  3. SIP is not responsible for the content and information made available by the Sellers on Art360. Such content and information is the sole responsibility of the Sellers.
  4. PIS is not responsible for sales concluded through Art360, and any complaints regarding the purchase should be directed to the Seller, who is responsible for the purchase and sales contracts between the Buyer and the Seller.
  5. You are responsible for your use of Art360, including the information you provide in the purchase and the content of the Seller’s evaluation.

Article 14 – Personal data

  1. The information and personal data related to Buyers and Sellers are processed by PIS and, unless otherwise mentioned, are indispensable to ensure the management of their accounts and accesses to the Service, the fulfillment of their legal obligations, if any, and to improve and personalize the services offered to Art360 users.
  2. PIS will collect and process Buyers’ and Sellers’ personal data by computer and enter it into an appropriate database for which it will be responsible.
  3. Art360 users undertake to provide and keep their personal data up-to-date and true. Personal data relating to the registration form that are found to be incorrect or incomplete are grounds for immediate suspension or termination of the online marketplace, as well as termination of the respective contract.
  4. In the framework of the obligations established in Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 April 2016 and in Law No. 58/2019, of 8 August, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, it is the responsibility of SIP, as owner of Art360 to provide a set of information regarding the processing of personal data of its users, as well as to ensure the exercise of the rights provided in that Regulation. In this sense, you can consult Click HEREto read our Privacy Policy to learn how we process your personal data, as well as how you can exercise your rights and responsibilities.

Article 15 – Intellectual Property

  1. All the contents and information contained in Art360, namely texts, logos, illustrations and images are protected under the terms of copyright and related rights as well as intellectual property, for the entire duration of the protection of such rights and for the whole world.
  2. Accordingly, and in accordance with the provisions of the Copyright and Neighboring Rights Code, only private use is authorized, without prejudice to different, possibly more restrictive provisions contained in the aforementioned Code.
  3. Any reproduction or representation of all or part of Art360 and/or of all or part of the elements found in Art360 is absolutely prohibited.

Article 16 – Partial Nullity

Should any provision(s) of these terms be held or declared invalid by operation of law or by final decision of a competent court, the remaining provisions shall remain valid and effective.

Article 17 – Dispute Resolution

  1. The SIP is not a party to the purchase contract entered into between Seller and Buyer.
  2. Disputes shall be settled directly between Buyer and Seller.
  3. SIP will not assume any liability to Buyer and Seller, as it is an unrelated party to the contractual relationship.

Article 18 – Applicable Law and Competent Court

  1. These terms are subject to Portuguese and European law.
  2. Any litigation related to its interpretation and execution falls under the jurisdiction of the courts of the District of Oporto, with the express renunciation of any other.

Article 19 – Electronic Complaint

If you wish to make an electronic complaint, you can do so on the site Electronic Complaints Book .

As the platform indicates, although it is not mandatory, the user can contact Art360 directly to solve the problem in a friendly way.