GENERAL CONDITIONS OF USE AND THE DATA PROTECTION POLICY OF WWW.BOKOBO.ART
1. LEGAL INFORMATION
Website owner: BOKOBOCO-CREATION, S.L.
Cl. Alameda, 22 28014 Madrid, Spain
email@example.com C.I.F .: B88108873
Registered in the Mercantile Register of Madrid, Spain, Volume: 37742, Book: 0, Folio: 52, Section: 8, Page: M672337, Registration: 1, Pre Year: 2018, Registration Date April 23, 2018. 2.
GENERAL TERMS AND CONDITIONS OF USE OF THE BOKOBO.ART PORTAL AND INFORMATION TO USERS
These General Conditions of Use regulate the access and use of the PORTAL BOKOBO.ART. The purpose of this PORTAL is to democratize access to art through the dissemination and sale of works of art and the promotion of everything related to art. To that end, BOKOBO.ART makes available to Internet USERS interested in art the WWW Website. BOKOBO.ART. BOKOBO.ART provides the following services to its USERS: advice, exhibition and sale of artistic products, courses, training and editing of creative works, organization of events, artistic coaching and mentoring, and information on the current world of art.
2.3. Exhibition and sale of original works.
BOKOBO.ART puts on sale original works and reproductions of the artists providing their own space to only exhibit or to expose and give permission to BOKOBO.ART to sell their works. The artist completes all the information about his profile and uploads his works with all kinds of details (technique, dimensions, price, etc). The artist declares that he is the author of the works that he uploads to BOKOBO.ART and that he holds the rights of exhibition and reproduction of the works. The determination of the price of the original works and reproduction is the responsibility of the artist and is set freely by him. The reproduction of the reproductions is based on photographs of works whose author, the artist, holds the right of reproduction and receives a royalty of BOKOBO.ART for the sale of his reproduction. The author transfers to BOKOBO.ART the use of all the photos inserted to BOKOBO.ART for BOKOBO.ART can use them for commercial, promotional or global communication purposes. BOKOBO.ART offers original works and reproductions of artists to USERS of the web offering the following services: Certificate of authenticity of the work signed by the artist for unique works. Secure payment platform and banking security protocol (credit card, PayPal or transfer). Shipping logistics through DHL / FEDEX / UPS or other national or international couriers. Guarantee of return of the acquired work for a period of 14 calendar days from the day following the reception of the work.
2.4. Information on the current events in the art world.
BOKOBO.ART informs about news from the world of art in everything that refers to news, exhibitions, museums, interviews, etc. This information can be fully developed by the BOKOBO.ART team based on the information provided by the promoters or organizers of the activities or exhibitions. The responsibility and truthfulness of the content provided to BOKOBO.ART corresponds to the sources of the same and any responsibility of BOKOBO.ART on untruthful or trustworthy content is exempted.
2.5. Communications with USERS.
BOKOBO.ART periodically sends to the USERS commercial mailings, previous express authorization of the USER, BOKOBO.ART commercial promotions or news bulletins about the current events in the art world. BOKOBO.ART will only provide the other USERS with the data and / or information provided by the USER when these data and / or information do not violate legal provisions or these General Conditions of Use. The USER acknowledges that it is not technically possible to achieve availability of the Site. BOKOBO.ART website at 100%. However, BOKOBO.ART will endeavor to keep the Website available in the most consistent manner possible. Especially for reasons of maintenance, security or capacity, as well as because of events over which BOKOBO.ART can not influence (for example, anomalies in public communication networks, power outages, etc.) there may be brief anomalies or temporary suspension. of the services of the Website.
2.6. Obligations of the USERS in the Portal.
The USER undertakes to make diligent use of it and the services accessible from this Website, in full compliance with the Law, good customs and these General Conditions of Use and, where appropriate, particular conditions, as well as maintaining due respect to the other USERS. In general, the provision of services does not require the prior subscription or registration of USERS. However, BOKOBO.ART conditions the use of some of the services or the purchase of products upon prior completion of the corresponding USER registration, selecting the identifier (ID or login) and the password that the USER agrees to keep and use with the due diligence. The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this sense, the USER must adopt the necessary measures for the custody of the password selected by him, avoiding the use of it by third parties. As a result, the USER is solely responsible for the use of his / her password, with complete indemnity for BOKOBO.ART. In the event that the USER knows or suspects the use of his password by third parties, he should inform BOKOBO.ART of this fact as soon as possible. The aforementioned registration will be made in the manner expressly indicated in the service itself. All information provided by the USER through the services must be truthful and accurate. For these purposes, the USER guarantees the authenticity of all the data communicated as a consequence of completing the necessary forms for the subscription of the Services. Likewise, it will be the responsibility of the USER to keep all the information provided to BOKOBO.ART permanently updated so that it responds, at all times, to the real situation of the USER. In any case, the USER will be solely responsible for the false or inaccurate statements made and the damages caused to BOKOBO.ART or to third parties for the information provided. The USER undertakes to respect the applicable laws and the rights of third parties when using 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 image files, logos). , etc.) and other elements of this Website, unless previously authorized by their legitimate owners or when this is permitted by law. In particular, the USER will be prohibited from: using insulting or slanderous content, regardless of whether that content affects other USERS or other persons or companies, using pornographic content or violating the laws of child protection, or advertising, offering or distributing pornographic products or that violate the laws of protection of minors, annoy other USERS (especially through spam), use legally protected content (for example, by legislation relating to intellectual property, trademarks, patents, utility models or aesthetic models) without having the right to do so, or to advertise, offer or distribute legally protected goods or services, as well as to carry out or encourage actions contrary to free competition, including those aimed at capturing progressive clients (such as chain systems, snowball or pyramidal). The USER undertakes not to include in his / her author, work or any other visible place in his / her personal space (outside the space provided for this purpose), any personal information such as telephone, email or other similar text or number with the so that the art buyer can locate him directly outside of BOKOBO.ART. BOKOBO.ART guarantees the sale of the work whenever the sale is made through BOKOBO.ART. The USER undertakes not to insert photographs with a personal watermark.
The USER undertakes not to introduce in the reviews or any other similar section, any commercial information whose objective is direct contact between users to perform any commercial transaction outside of BOKOBO.ART. It is expressly forbidden to enter emails, telephones or any other personal information in the same way, the artist agrees not to include any inappropriate content that lacks a minimum artistic quality or content directed to an adult audience with explicit or implicit sexual material or scenes. or pornographic
Failure to comply with these obligations may be cause for removal of such content by BOKOBO.ART or in the event of removal of the artist from BOKOBO.ART.
BOKOBO.ART may remove illegal content from the Website without prior notice. The USER is aware of, and voluntarily accepts, that the use of the service takes place, in any case, under his sole and exclusive responsibility. The USER will be liable for damages of any nature that BOKOBO.ART may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these "General Conditions of Use" or the law in relation to the Use from service. The artist undertakes not to exhibit illegal works on the Portal. The artist undertakes to provide on the Portal the necessary warnings and information relating to his works, and to comply with all applicable laws and regulations in relation to the exhibition and publication of works on the Portal. To access the additional services offered by BOKOBO.ART, the USER must register ("Register") in the Portal and obtain a personal "password". Once the registration process has been completed, the USER will have access to the services listed in point 2 of these General Conditions of Use.
2.7. Works of art facilitated by the ARTISTS of BOKOBO.ART.
Through the works of art provided to the BOKOBO.ART portal, the ARTIST declares himself the legitimate owner of the intellectual and industrial property rights of the work for the reproduction, distribution and public communication through any electronic means, mainly the Internet and email, for everyone with unlimited time. In this sense, the ARTIST declares to be the legitimate owner of the inserted works with sufficient rights for the insertion of the works in the Portal of BOKOBO.ART. BOKOBO.ART does not allow the insertion of content that deteriorates the quality of the service. It is forbidden to insert contents that: • Are allegedly unlawful by national, community or international regulations or that carry out activities that are allegedly unlawful or contravene the principles of good faith. • That they do not meet the quality parameters established in BOKOBO.ART. • That threaten the fundamental rights of people, can seek the weakness of the USER, lack of courtesy in the network, annoy or may generate negative opinions in our USERS or third parties. Specifically, and by way of example, but not limiting: any of the legal rights of third parties; those that favor or enhance the creation, maintenance and promotion of business related to pornography, obscene material or management of erotic contacts; those that are related to clairvoyance, tarot, "occult sciences" or any other related content; and in general any content that BOKOBO.ART considers not appropriate for USERS and, especially, for minors. • And in general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights. Likewise, BOKOBO.ART reserves the right to remove from the website those works that are considered not appropriate to the characteristics and purposes of BOKOBO.ART. BOKOBO.ART can not control each and every one of the published contents, so that it can not assume responsibility for the contents. In any case, the contents inserted and published are periodically reviewed to ensure the quality principles of BOKOBO.ART as well as the rules indicated here. If you notice any inappropriate content on the website, please contact us through our USER service: firstname.lastname@example.org. The ARTISTS are solely responsible for obtaining any type of authorization, permit or license, in case they are necessary for the realization and publication of any content. Any ARTIST that inserts a content that contravenes the current legality will assume the exclusive responsibility of the damages and consequences derived from it, exempting BOKOBO.ART from any responsibility.
2.8. Exclusion of guarantees and responsibility.
Except in those cases expressly described in the Legal Conditions and the rest of the regulatory framework of the Website, BOKOBO.ART is not liable for damages of any kind that may be due to lack of accuracy, completeness, timeliness, as well as errors or omissions that could suffer the information and services contained in this Website or other content that can be accessed through it or assume any duty or commitment to verify or monitor their content and information. Likewise, BOKOBO.ART does not guarantee the availability, continuity or infallibility of the operation of the Website, and consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website and of the services enabled therein, as well as errors in accessing the different web pages or those from which, where appropriate, such services are provided. BOKOBO.ART does not assume any responsibility for the contents, data and / or information provided by the USERS of the Website, nor for the contents of external websites to which there are links. In particular BOKOBO.ART does not guarantee that these contents are true, fulfill a certain purpose or can serve that purpose. Likewise, BOKOBO.ART will not be responsible for the opinions expressed by the USERS through the portal, forums, communities, or other participation or opinion tools.
2.9. Links, "links" to third party pages. BOKOBO.ART includes within its contents links with sites belonging and / or managed by third parties in order to facilitate access to information available through the Internet. BOKOBO.ART does not assume any liability arising from the existence of links between the contents of this site and contents located outside of it or any other mention of content external to this site. Such links or mentions have an exclusively informative purpose and, in no case, imply the support, approval, commercialization or any relationship between BOKOBO.ART and the persons or entities author and / or managers of such contents or owners of the sites where they are located. .
2.10. Applicable Law and Jurisdiction.
These Legal Conditions and the rest of the conditions of the website will be governed by Spanish legislation. For any questions that may arise or actions arising from the provision of the services and contents of BOKOBO.ART and on the interpretation, application, compliance or breach of the provisions set forth herein, BOKOBO.ART and the USER, expressly waiving any other jurisdiction. that may correspond to them, they submit to the jurisdiction of the Courts and Tribunals of Madrid. 4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS All exploitation rights for unique works are reserved for a period of six months, renewable indefinitely unless expressly waived by the ARTIST. This Website is governed by Spanish laws and is protected by national and international legislation on intellectual and industrial property. The texts, designs, images, databases, logos, structure, trademarks and other elements of this site owned by BOKOBO.ART are protected by laws and international treaties on intellectual and industrial property. Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or part of the content of this site owned by BOKOBO.ART, carried out in any way or by any means, electronic, mechanical or otherwise, are strictly prohibited unless prior written authorization from BOKOBO.ART or third-party owners. Any infringement of these rights may result in extrajudicial or judicial civil or criminal procedures that apply. .
DATA PROTECTION POLICY
Annex to our Data Protection Policy, in compliance with the new General Data Protection Regulation, with entry into force on May 25, 2018. For the correct operation of the different actions that a user can perform in BOKOBO.ART, the data stored by all users are: Email, Name, Surname, Complete address, Telephone, Company name (if it is a company), IP , ID Facebook or Google drive (only in the case that you made the registration to the web through this option). 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. Optionally, artist users can provide the following information: PayPal For the correct execution of orders on the page, payment and collection data are requested from the buyer and the artist, respectively. These data are requested in BOKOBO.ART, but only stored in Stripe, in a secure way, a platform with which the communication is encrypted. The data provided is shared with third parties if necessary for the operation of the website. In case of placing an order, information regarding the collection address is shared with third parties, in the case of the artist's data, and the delivery address, in the case of the data we provide from the buyer.
BOKOBO.ART stores the data for as long as it is necessary for the correct functioning of the website and all the functionalities that are made available to the user, until the user cancels. BOKOBO.ART guarantees that all data will travel and be stored encrypted. To remove your data from our database, you can request the removal of the website following the relevant instructions. To request the editing or rectification of your data, in case you can not do it from your user menu, you can do so by contacting us at email@example.com 3.1. Right to information This data protection policy regulates access to and use of the services of the website www. BOKOBO.ART. In accordance with the provisions of the Organic Law 15/1999, of December 13, Protection of Personal Data (hereinafter, LOPD), BOKOBO.ART as owner of the Website, informs the USER of the existence of files of personal data created by him and under his responsibility. BOKOBO.ART fully complies with current legislation on the protection of personal data, and confidentiality commitments specific to its activity.
If the USER decides to register on BOKOBO.ART (both company and private), the data strictly necessary to achieve the purpose for which our website is intended, which is to facilitate the communication of works published in BOKOBO.ART, among authors, owners and individuals, and to inform about the BOKOBO.ART initiatives in the dissemination of art. For this purpose, USERS will be required to fill in a form and include their personal data. Its treatment will be focused solely on the achievement of these purposes, always within the established regulatory framework.
The data provided by the USER will be included in a personal data file, which is duly registered in the Data Protection Agency.
3.2 Purpose The data of the USERS registered through the form enabled for that purpose in www. BOKOBO.ART are collected by BOKOBO.ART. The buyer can expressly accept the sending of electronic communications of commercial or promotional activity of BOKOBO.ART. In addition, the form data will serve to:
- -Facilitate access and search of all information related to art and works of art published by USERS according to the different categories of artists and search for new works, updated galleries, author's name, country.
- -Insertion of your works in BOKOBO.ART.
- -Creation of a BOKOBO.ART community where the USER can see his followers and his latest favorite works.
- -Voting and evaluation of the works whose authors have consented to their evaluation and access to BOKOBO.ART tops.
- -To facilitate criticism and comments on the works of other artists and manage their own comments on their works.
- -Information to the other USERS about their exhibitions.
- -Creation of a list of favorite works and authors to receive notices of their new works.
- -Refer a newsletter / blog with all the news of art.
- -Access to the Newsletter history published on BOKOBO.ART.
- -To provide USERS with free access and search in the BOKOBO.ART database of works through new works / updated galleries / name of author / country.
- -To provide USERS with voting, criticism and / or comments on the works they wish.
3.3. Mandatory or optional nature of the information provided by the USER and truthfulness of the data
The fields marked with an asterisk (*) in the registration form to be filled out by the USER are strictly necessary to meet their request, being voluntary the inclusion of data in the remaining fields. The USER guarantees that the personal data provided to BOKOBO.ART are truthful and is responsible for communicating any changes to them. The USER guarantees that all personal information provided is accurate and up to date so that it responds truthfully to the current situation of the USER. It corresponds and it is the obligation of the USER to maintain, at all times, his updated data, being the USER solely responsible for the inaccuracy or falsity of the data provided and the damages that may be caused thereby to BOKOBO.ART or to third parties due to the use of the services offered by BOKOBO.ART.
3.4. Consent of the USER
By filling in the form and clicking to send the data, the USER declares to have read and expressly accepted the Legal Conditions, and gives his unequivocal and express consent to the processing of his personal data in accordance with the purposes and services provided by BOKOBO .ART. Likewise, the USER consents that at the time of registration, his works and USER's profile will be publicly visible to the rest of USERS at BOKOBO.ART as well as to the various Internet search engines.
3.5. Data provided by minors
Persons over the age of fourteen may register at BOKOBO.ART as USERS without the prior consent of their parents or guardians. In the case of children under fourteen, the consent of the parents or guardians is required for the processing of their personal data. In no case will data be gathered from the minor regarding the professional, economic situation or the privacy of the other members of the family, without the consent of the latter. If you are under fourteen years old and have accessed this Website without notifying your parents, you must not register as a USER.
3.6. Electronic communications.
There is an electronic bulletin of BOKOBO.ART. The electronic newsletter includes news, business promotions exclusively from BOKOBO.ART, news and more relevant information on the Website, as well as news related to the art sector. The USER may unsubscribe from sending electronic communications through the same link adapted for it that appears in the electronic communications sent to the USER. If the USER does not want to receive electronic communications but wants to keep his account on BOKOBO.ART, he can send an e-mail to info@BOKOBO.ART requesting that his e-mail be removed from the distribution list and that his account be maintained. USER authorizes BOKOBO.ART to provide its data to third companies to manage their orders or purchases made on BOKOBO.ART
BOKOBO.ART informs the USERS that it has adopted the technical and organizational measures established by regulation, which guarantee the security of personal data and avoid their alteration, loss, treatment or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of the Law Organic 15/1999, of December 13, protection of personal data and other control procedures for the security of information systems.
3.8. Cookies and IPs
3.9. Right of Access, Rectification and Cancellation of Data
The processing of personal data, as well as the sending of commercial communications made by electronic means, are in accordance with Organic Law 15/1999, of December 13, on Protection of Personal Data (BOE of December 14, 1999 and Law 34/2002, of July 11, services of the Information Society and Electronic Commerce (BOE of July 12, 2002) and regulations that develop them.
3.10. Modification of this Data Protection Policy
BOKOBO.ART reserves the right to modify this policy to adapt it to future legislative or jurisprudential developments.
3.11. Applicable Legislation
In case of conflict of interpretation between the different translations of all BOKOBO.ART legal conditions, the parties agree that the Spanish version will prevail. GENERAL CONDITIONS OF CONTRACT FOR CUSTOMERS OF WWW.BOKOBO.ART
Second.- Sale of works
BOKOBO.ART declares that it has the rights of sale, reproduction, distribution and public communication of all the works offered for sale on BOKOBO.ART. These rights have been assigned to BOKOBO.ART by the authors of the works or by those who are authorized to assign the copyright. The products that users can acquire through the Website are the works of art (originals or reproductions) provided by: The authors themselves directly on the Website. BOKOBO.ART acts as an intermediary for the sale of original works, selling on behalf of the artist. BOKOBO.ART sells the reproductions directly to the client.
Third.- Property and veracity of the content
The authors of the works or the sources thereof, state that all the content provided matches the reality of the products. In this sense, indicate that the descriptions, characteristics, price and photography of the same have been provided to BOKOBO.ART by the authors or by the sources that have provided the content, exempting BOKOBO.ART from total responsibility for the inaccuracy or lack of their veracity. The authors of the works guarantee BOKOBO.ART the Authenticity of the original Works that are offered for sale through the Web Site, as well as the immediate availability of them within a period of less than 72 hours from the communication by BOKOBO .ART of the sale made. In the same way, the authors express that they hold the copyright of the works exhibited for sale and that they assign to BOKOBO.ART the right of reproduction and public communication of the same in exchange for a commission for the sales made. All the content provided of the works exhibited for sale on BOKOBO.ART is the responsibility of the authors of the same or of the source that has provided said content on BOKOBO.ART, leaving BOKOBO.ART exempt from any type of responsibility for the work .
Fourth.- Price of the Works
The price of the works of current artists is fixed by the authors of them. The fixed prices are set in Euros and are displayed in the currency chosen by the customer. The amount that appears on the Website includes the applicable local taxes - VAT, at the rate in effect at the time, not including possible taxes and import duties to the country of destination and other applicable taxes.
BOKOBO.ART offers users the possibility to make orders through an active form for artists who accept orders. In the event that the user decides to contract the order, he must make the payment in advance of 50% of the amount of the order. BOKOBO.ART will send photographs to the user to track the order. Once the order is completed and with the approval of the user, he will make the pending payment of the order along with the shipping costs.
Sixth.- Purchase of the Work, formalization of the sale and payment of the price
The user must pay the Work at the time of formalizing the purchase through the Website. As indicated in the clause relating to the price, prior to completing the purchase form, the user will have knowledge of the final price of the Work, consisting of: - Price of the Work - Shipping costs - Any other concept that was applicable and that will be informed to the user at this time, prior to the formalization of the sale. At the time of the formalization of the purchase, the customer will receive within 24 hours of sending the order confirmation by BOKOBO.ART of the purchase made in the email address indicated on the order form. The user can choose any of the two systems to make the payment of the price:
- Credit card (Visa, Mastercard or AMEX)
- Bank transfer to the account owned by BOKOBO.ART that is provided in the purchase process.
Payment by transfer has a management surcharge.
In the event that the artist has not updated the availability or the price of the work, which is his responsibility, BOKOBO.ART is exempt from the client of any responsibility derived from such effect. BOKOBO.ART will inform the client as soon as possible of the unavailability of the work or of the correct updated price so that the client chooses to buy another work or for the refund of the amount paid. In the event that the customer does not choose to buy another work, BOKOBO.ART will return within a period of less than 7 days from the notification to the customer, canceling the order and the contracting of the service by the customer is completely extinguished.
Seventh.- Other services provided by BOKOBO.ART
In addition to the services described above, BOKOBO.ART offers users the following services or products:
For original works, BOKOBO.ART issues a Certificate of Authenticity of the work signed by the artist.
Transport insurance included contracted with insurance companies of recognized prestige.
Customer service through livechat, email or phone to answer any questions or incidents.
Eighth.- Security measures
BOKOBO.ART guarantees its users the security of their transactions, since it has protocols and security services of high standards.
Ninth.- Delivery of the acquired Works
BOKOBO.ART will manage the delivery of the Work to the user through an international or national Courier of recognized prestige, who will be ultimately responsible for the delivery, at the address that the user has indicated on the purchase form, not being BOKOBO. ART responsible for delivery problems derived from incorrect or inaccurate information provided by the user. The maximum period between the formalization of the sale and the delivery of the Works will be 30 days. For these purposes, it will be considered that the delivery has taken place at the moment in which the transport company in charge of transporting the Work makes the Work available to the user. In the event that there is a delay in the maximum period established attributable to BOKOBO.ART, the user will have the right to return the Work.
For these purposes, it will not be considered that there is a delay in the delivery of the Works in that case in which the Work has been retained at the customs office of export or import or made available to the user within the established period but could not be delivered for cause attributable to the user. In the event that the transport company makes an unsuccessful delivery attempt will leave a delivery notice to the user so that he can contact the transport company and coordinate a new delivery. In the event that neither the transport company nor BOKOBO.ART could contact the user to coordinate the delivery of the Work within a maximum period of 15 working days from the first delivery attempt, the transport company may proceed to the return of the Work to the author of the same in the case of an original or BOKOBO.ART in the case of a reproduction, assuming the user all the generated costs (delivery, return and any other associated management). At the time of delivery, the user must check the status of the package, indicating on the delivery note any anomaly detected in it.
Likewise, if once the package is opened, the user will detect any anomaly in the Work, he / she commits to communicate it to BOKOBO.ART, by email indicating in the subject the order number or through its user menu. In the case of original works that come directly from the author and involve an export - import, the author is considered as the exporter, being responsible for all the management of the export. In the same way, the buyer will be considered as the importer of the work, having to pay the dispatcher or the courier at the time of delivery the amounts accrued in the event that there are tariffs or import taxes.
Tenth.- Return of the Work
The user will have a term of 14 calendar days from the day following the reception of the order during which he / she will be able to desist from the sale and return or change the work (s). To this end, the user can: • Send an email so that the Customer Service can advise on the return or exchange and that BOKOBO.ART is in charge of managing the collection with the transport company at the place and time agreed with the customer.
For sales of original works, BOKOBO.ART acts as an intermediary between the authors of the works and the users who acquire them, and in this regard informs users that the Authors of the Works guarantee the following ends: - Authenticity
No infringement of rights of third parties.
Not being the Work historical heritage of the country.
Not to be the Work an inexcusable good or of cultural interest.
For the sales of reproductions, BOKOBO.ART assumes responsibility as a seller of said works and informs that it owns the reproduction rights granted by the contemporary authors.
Twelfth.- Insurance and claims
BOKOBO.ART ensures all shipments of original works and reproductions for the value of the work. BOKOBO.ART contracts this insurance with insurance companies of the first international level. In the event that the work suffers a loss, BOKOBO.ART agrees to exchange the damaged work for another chosen by the customer or to make a payment to the customer for the amount paid.
Thirteenth.- Intellectual property
In addition to the provisions of the General Conditions of Use also applicable to purchases made by users, BOKOBO.ART informs its users that the authors of the Works claim to be the owners of the intellectual property rights thereof and, therefore, , users agree not to use the Works for any purpose that could harm the aforementioned Authenticity or rights. Fourteenth.- Protection of personal data In addition to what is indicated in the Data Protection Policy of the Website, which is fully applicable to this transaction, BOKOBO.ART informs its users:
- That the data provided by the user in the process of purchasing the Works will be used by BOKOBO.ART with the sole purpose of being able to formalize the sale and manage the delivery and eventual return of the acquired Work.
- That they will be incorporated into the files owned by BOKOBO.ART, declared and registered in the Registry of the Data Protection Agency.
- That does not store transaction data or data on means of payment.
- Users may, at any time, in accordance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data and its development regulations, exercise the rights of access, rectification, cancellation and opposition of your personal data, by means of a written request sent by mail.
In the event that any clause of these conditions was declared null, the rest of the clauses will remain in force and must be interpreted according to the will of the parties and the purpose of the text.
Sixteenth.- Applicable law and jurisdiction
The present conditions will be governed by Spanish Law. Any controversy arising from the interpretation and / or execution of the same, the parties submit, at their own discretion, and waiving any other jurisdiction, to the Spanish jurisdiction.
GENERAL CONDITIONS OF THE SERVICE FOR THE SALE OF WORKS OF ARTISTS OF WWW.BOKOBO.ART
First.- Object These General Conditions regulate the sale of works of art by artists on www.BOKOBO.ART.
The Website is owned by the Spanish company Bokoboco-Creation, S.L. with address at Cl. Alameda, 22 - 28014 Madrid, Spain with C.I.F. B88108873 and Registered in the Mercantile Registry of Madrid, Spain, Volume: 37742, Book: 0, Folio: 52, Section: 8, Page: M672337, Registration: 1, Pre Year: 2018 (hereinafter, "BOKOBO.ART" ).
Artists can contact BOKOBO.ART at the email address info@BOKOBO.ART.
Second.- BOKOBO.ART facilitates a space for the sale of works of art BOKOBO.ART is the art website aimed at individuals and offers artists the following. A large monthly audience from different countries. A large online space for the exhibition and sale of works of art, originals and reproductions.
Third.- Statements by the artist These General Terms and Conditions of Service for the sale of work by Artist are applicable to those artists who wish to sell their original works and / or reproductions through BOKOBO.ART, having the option to sell through BOKOBO.ART. In this way, the artist authorizes BOKOBO.ART to make the sale of his works to the users of the portal.
The artist declares the following:
- That he is the author of the works that he uploads to BOKOBO.ART and / or that he holds all the author's rights over the works for their sale, reproduction and public communication.
- That the author has access to the email informed in BOKOBO.ART and that he reviews any communication sent by BOKOBO.ART in less than 72 hours.
- That the author has the original works offered for sale and that he can access them within a period of less than 72 hours.
- The artist agrees to have the work packaged and ready for shipment within a maximum period of 3 days from the notification by BOKOBO.ART of the sale made.
- That the author has freely determined the price of his original works and reproductions, totally exempting BOKOBO.ART from any responsibility regarding the price determination thereof.
- That the author holds the right of reproduction and public communication of the works offered for sale and that he transfers said rights to BOKOBO.ART for commercial exploitation through a commission on the sale.
- That the information provided by the author in BOKOBO.ART corresponds to the reality of the work exempting BOKOBO.ART from any responsibility.
The author gives BOKOBO.ART the right of public communication of all the photographs inserted to BOKOBO.ART in order to use them for commercial and promotional purposes.
The author authorizes BOKOBO.ART to issue invoices in his name for the amount of the commissions. generated by the sale of reproductions or any other that derives from the commercial relationship.
In the same way, the artist authorizes BOKOBO.ART to carry out commercial actions, campaigns and publicity through third-party companies using the works offered for sale by the artist through BOKOBO.ART. Said commercial actions, campaigns or advertising will be carried out under the brand name of the third companies and the brand BOKOBO.ART.
Fourth.- Information on the work
The artist agrees to enter all the truthful information requested in the file of the work put on sale in order to formalize the sale. Specifically, the artist agrees to enter the price of the works for sale, dimensions, technique, support and other information requested in the worksheet. The work will appear with the buy online button as long as BOKOBO.ART has all the data. The works put on sale that do not have all the information previously described, will not have the buy button. The artist agrees to upload high quality photographs to BOKOBO.ART.
Fifth.- Process of sale of works
Through the website artists can sell and users buy the following products:
Original works BOKOBO.ART sells the work of art on behalf of the artist.
The client buys the work online at BOKOBO.ART, BOKOBO.ART receives the client's money and sends a notification to the artist of the sale made. The artist enters his account, consults and downloads the shipping tutorial, the Authenticity certificate, in the case that it is an export, the proforma invoice.
The artist updates in his profile, in case he does not have it, the data for the collection, billing and collection (the "buy" button appears next to the works of artists who have informed the country at least, since this is the necessary information to show the buyer the shipping costs).
The artist prepares the packaging and documentation according to the tutorial provided by BOKOBO.ART and sends BOKOBO.ART a photograph of the outside of the packaging and the dimensions of the box.
The artist agrees to have the work packaged and ready for shipment within a maximum period of 3 days from the notification by BOKOBO.ART of the sale made. In the case of an export of an original work, due to the intermediation work of BOKOBO.ART in the buying and selling process, the exporter is the artist making himself responsible for managing all the procedures to carry out the export. In the event that BOKOBO.ART has negotiated agreements with transport companies depending on the country of origin and destination, BOKOBO.ART is responsible for organizing the shipment, sending the artist the delivery notes or labels of the carrier for collection. Once the work is delivered to the client and after 14 calendar days from receipt, the term stipulated by BOKOBO.ART so that the client can return the work, BOKOBO.ART will proceed to manage the * payment to the artist.
The payment will be made in Euros taking into account the amount paid by the client for the work and the commission of BOKOBO.ART will be deducted, applying at all times the taxes or encumbrances in force for each operation.
Reproductions: BOKOBO.ART sells reproductions of the originals to customers.
The client buys online at BOKOBO.ART the reproduction of the artist's original work. BOKOBO.ART receives the client's money and sends the photograph in high resolution for printing. BOKOBO.ART sends a notification to the artist informing of the sale made and its commission.
The suppliers of BOKOBO.ART print the reproduction and take care of the packaging. BOKOBO.ART manages with the carriers the sending of the reproduction directly to the client. After 14 calendar days from the receipt of the reproduction by the client, the artist will be paid in Euros taking into account the commission of the artist, applying at all times the taxes, withholdings or encumbrances
Sixth.- Orders BOKOBO.ART offers users the possibility to make orders through an active form for artists who accept orders. In the event that the user decides to contract the order, he must make the payment in advance of 50% of the amount of the order. In the event that the artist has activated the option to accept orders and has accepted one, he / she commits for this contract to start and finish the work under the instructions of the client and BOKOBO.ART.
The artist will send BOKOBO.ART photographs to track the order. Once the order has been finalized and with the approval of the user, the process will continue as indicated in clause five.
Seventh.- Price of the Works
The fixed prices are established by the artist and are shown in the currency chosen by the client based on the current change at that time. The amount that appears on the Website includes the applicable local taxes - VAT, at the rate in effect at the time, not including possible taxes and import duties to the country of destination and other applicable taxes.
Eighth.- Services provided by BOKOBO.ART
BOKOBO.ART offers the following services for the promotion and sale of works of art: Investment in online marketing: SEO, SEM, affiliate programs, etc. I charge the client through the secure payment platforms of BOKOBO.ART (credit or transfer card). Collection guarantee for the artist. BOKOBO.ART guarantees the collection of the sale made through the signing of these General Conditions of Sale for artists. Issuance of a Certificate Authenticity of the unique work that must be signed by the artist. Information and advice to pack the original and in the documentation for the export. Possibility of logistics management and shipping through the BOKOBO.ART account with the leading brands of international transport companies.
Hiring transport insurance through the agreements of BOKOBO.ART with international insurance companies of first level. Management of customer service through email, phone and livechat.
Ninth.- Formalization of the sale of the work
The sale of the work will be formalized at the time of online payment of the work by the client.
Tenth.- Economic conditions
BOKOBO.ART offers the artist the following economic conditions for the sale of his works. BOKOBO.ART offers the artist 85% of the price of the original work set by the artist and paid for by the client. The commission that BOKOBO.ART receives for the services provided is 15% of the price of the original work.
Eleventh.- Return of the work
In the event that the client returns the unique work, BOKOBO.ART will deliver the returned work to the artist. The artist by this contract accepts the return of the work by the client for any reason within the period set by BOKOBO.ART, 14 calendar days from the reception of the work by the client.
This work must be in perfect condition as initially sent. The artist will inform of the reception of the work and of any anomaly in the shipment.
The artist will not assume any cost for the return of the work. Similarly, the artist agrees to accept the return of the work due to delay or impossibility of delivery to the client, due to lack of documentation associated with the delivery of the work, or for any other reason beyond BOKOBO.ART. In the event that the original work is returned by the client for any of the reasons described above, BOKOBO.ART will not be obliged to pay the artist for the work. In case the shipment is made between countries of different common areas or special conditions (including DUA for shipments to the Canary Islands, Ceuta and Melilla), customs can apply import taxes that must be assumed by the importer (the buyer). Until the payment of these taxes is assumed, the right to reject the purchase will be suspended.
The deadline to assume the payment of these taxes will be 14 calendar days from the communication to the client by the transport company or national customs department.
Twelfth.- Insurance and claims
BOKOBO.ART ensures all shipments of original works and reproductions for the value of the work. BOKOBO.ART contracts this insurance with insurance companies of the first international level. In the event that the work suffers a loss and that the artist has perfectly followed the shipping tutorial provided by BOKOBO.ART, BOKOBO.ART agrees to pay the artist his commission for the sale of the work at the time of charging the insurance company compensation for the loss.
Thirteenth.- Security measures
BOKOBO.ART guarantees the artist the security of its transactions, since it has protocols and security services.
For sales of original works, BOKOBO.ART acts as an intermediary between the artist and the user. The artist guarantees the following ends of each work put on sale:
- No infringement of rights of third parties.
- Not being the Work historical heritage of the country.
- Not to be the Work an inexcusable good or of cultural interest.
Fifteenth.- Intellectual property
In addition to the provisions of the General Conditions of Use also applicable to purchases made by users, the authors of the Works inform BOKOBO.ART that the owners are the intellectual property of the works and claim to be the owners of the property rights intellectual of them.
Sixteenth.- Protection of personal data
In addition to what is indicated in the Data Protection Policy of the Website, which is fully applicable to this transaction, BOKOBO.ART informs its users:
That the data provided by the user in the process of purchase of the Works will be used by BOKOBO.ART with the sole purpose of being able to formalize the sale and manage the delivery and eventual return of the acquired Work.
That they will be incorporated into the files owned by BOKOBO.ART, declared and registered in the Registry of the Data Protection Agency.
That does not store transaction data or data on means of payment.
Users may, at any time, in accordance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data and its development regulations, exercise the rights of access, rectification, cancellation and opposition of your personal data, by means of a written request sent by email.
Seventeenth.- Obligations, Non-compliance and sanctions
The artist is obliged to follow the instructions and processes provided by BOKOBO.ART with the greatest possible diligence and quality. The artist is obliged not to put any personal commercial information or a third person 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 work sold.
Failure to comply with any of the artist's declarations in these Terms and in particular those of the third clause, is considered to be very serious and, in the case that BOKOBO.ART deems it, it could lead to the removal of the artist from the BOKOBO.ART portal. . In the same way, it is considered a very serious breach by the artist, the lack of availability, access and delivery of a work put on sale by him and sold on BOKOBO.ART, not being able to send and deliver the work that the client has bought. Said breach entails the removal of the artist from the BOKOBO.ART portal.
In the event that any clause of these conditions was declared null, the rest of the clauses will remain in force and must be interpreted according to the will of the parties and the purpose of the text. Nineteenth.- Applicable law and jurisdiction
The present conditions will be governed by Spanish Law. Any controversy arising from the interpretation and / or execution thereof, the parties submit to Spanish jurisdiction.