Purpose and scope
These Terms and Conditions regulate the use of the online Services that Labotech2000 Srl, through its proprietary LabOldArt brand, offers its users. LabOldArt, a Website dedicated to photography created with ‘alternative or ancient’ photographic techniques, is a selling/buying service for photographic images made using the techniques described above.
The relationships between Labotech2000 Srl (hereinafter replaced with “LabOldArt”) and the User established in these Terms and Conditions shall not be understood as relationships of mandate, representation, collaboration or association or other similar or equivalent contractual forms.
Please carefully read these General Conditions before using LabOldArt Services; the use of LabOldArt Services implies the full acceptance of these General Conditions.
The acceptance of these Terms and Conditions takes place by marking the appropriate field on the Website. Failing that, no transaction can be executed.
At times, certain features or services offered on or through LabOldArt Website may be subject to further terms and conditions. In the event of conflict between these Terms and Conditions of Use and the specific Terms of Service, the latter shall prevail. The registered User agrees to print and save these Terms and Conditions.
For the purposes of these Terms and Conditions and in addition to other definitions referred to herein, the following terms shall have the meaning given below:
Labotech 2000 Srl: is the company with registered office in Corso Porta Vittoria 114, Milan - Italy, VAT No. 13308530156 and registration number with the Company Registry in Milan 1636581. The company provides online selling/buying intermediation Services using its own Website, www.LabOldArt.com. Its contact email address is info@LabOldArt.com and its commercial activities take place at its operating premises in Cusago (Milan, Italy).
Online sale contract: refers to the contract negotiated at a distance, namely the legal transaction concerning goods and/or services concluded between a Seller and a Customer (User) as part of a distance sales or service-provision scheme that utilizes only the communication technology called ‘internet’.
User: the term “User” includes any internet user accessing the Website www.LabOldArt.com, either directly or from any other site, without proceeding to the registration proposed by LabOldArt, in accordance with the provisions of Article 3 (d) of Legislative Decree No. 206 of 6 September 2005.
Registration: operation through which the User provides personal information to LabOldArt by entering them in a specific Website section in order to access restricted areas of the Website as well as to use the Services. By registering, the User qualifies himself as Seller and/or Customer.
Seller: means a registered User, whether natural or legal person who, in distance contracts, acts for purposes related to his business or professional activity by offering his products for sale.
Customer: means the registered User, whether natural or legal person who, in distance contracts purchases goods and services not directly related to any of his business or professional activities but for final consumption purposes, with whom the contract is concluded in accordance with the terms of these General Conditions.
Pursuant to Legislative Decree No. 196 of 30 June 2003, the User acknowledges that the personal data communicated and/or exchanged will be subject to processing in accordance with Legislative Decree No. 196/2003, for the effects and purposes set out in Article 24, paragraph 1, letter b) and successive modifications and integrations. It is understood that the User expressly agrees to the transfer of Personal Data and that of third parties involved, for the sole purpose of managing the negotiations and transactions described in these General Conditions.
When using LabOldArt Services or sending emails, text messages (SMS) and/or other communications from the computer or mobile device of the User, the latter communicates with LabOldArt in electronic form. Without prejudice to the specific legal provisions of mandatory statutory law and for the purposes set out in these General Conditions, with the use of the platform the User accepts to receive LabOldArt communications in electronic form and agrees that all contracts, notifications, information and other communications provided in electronic form meet the written form requirement, when required by law.
LabOldArt respects the intellectual property rights of third parties. The publication or sale on the web of a given material does not mean it is in the 'public domain’. Authors of the material probably have copyright, trademark and other rights. Copying, modifying and possibly linking to content created by others could have legal consequences.
Unauthorised reproduction is prohibited. On LabOldArt Website it is possible to sell photographic works created by the Seller and of which he is the owner or has obtained a license from the rightholder. It is prohibited to use links to photographs, texts, videos, logos or other works protected by copyright; likewise, also in advertisements or listings is forbidden the use of links to photos, videos or other works for which prior authorization has not been obtained .
LabOldArt reserves the right, at any time, to ask for the pertinent permits. In addition, LabOldArt reserves the right, after appropriate checks, to remove or modify content deemed harmful or offensive.
If the User feels that a content or a listing posted on the Website or used in the context of the Services provided by LabOldArt contains a defamatory statement or that an intellectual property right has been violated by an article or information published on the Website or as part of the Services provided by LabOldArt, he can immediately report it to LabOldArt who will promptly carry out the appropriate checks.
1. LabOldArt platform’s Terms of Service
These terms of service (the “Terms of Service”) describe the terms pursuant to which LabOldArt offers access to all Services, applications and related and/or linked tools (together the “Services”).
In particular, these General Conditions govern the contact process between Seller and Customer for the sale of products and the provision of Services offered by LabOldArt through its Website, in addition to the rights and obligations arising from the contract concluded with the Customer including all forms of marketing and advertising sent to the latter. By subscribing to LabOldArt platform, Users agree and accept all the terms and conditions contained in these Terms of Service.
1.1 Access to the service
Labotech2000 reserves the right, at its sole discretion, to maintain, modify or suspend, without notice its Website www.LabOldArt.com
Any User who directly or indirectly reaches the Website www.LabOldArt.com has the right to freely access the public information contained therein. LabOldArt reserves the right to limit access to certain information, promotions and special offers only to registered Customers.
Any User accessing the Website www.LabOldArt.com has the right to register as a Customer, without any obligation to purchase and for the sole purpose of accessing the limited access areas.
1.2 User registration
Prior to accepting the service offered by LabOldArt, the User must first register by providing his personal details and any useful or necessary information for the correct conclusion of any future sale contract (i.e. full name or company name, tax code/VAT number, shipping address, billing address, email address, telephone/fax number). LabOldArt provides an efficient and secure system for collecting and registering the User’s personal data through personal login credentials (Username/password combination) to facilitate the User future purchasing operations.
The User may specify the credentials of his choice, provided they are available and not already assigned to another User. If so wished by the User, through an automated process and without any recording of information, LabOldArt will provide a random generation of usable login credentials.
The User is explicitly prohibited from using login credentials with immoral, offensive, harassing, discriminating content or in any way in conflict with current regulations or with those referring to products, trademarks or trade names protected by industrial or intellectual property rights or in contrast with the right to privacy.
The User undertakes to protect and ensure the confidentiality of his login credentials.
LabOldArt will not under any circumstances be held liable for any damages to Users arising out of any theft, loss or misappropriation, improper or fraudulent use of login credentials, even by third parties, resulting as a direct or indirect consequence of Users’ behaviour.
Except as provided for in legislation governing the processing of personal data and rights granted to the data subject, Customers have the right, on a permanent, easy, direct and free basis, to access by electronic means any open section and any section with regulated access of www.LabOldArt.com and to know at all times the processing status of his order.
1.3 Registration - Cancellation
The duration of the subscription to LabOldArt Services is unlimited, unless cancelled by one of the parties. Cancellation of the subscription must be communicated by email with 30 days advance notice. In the event of withdrawal, LabOldArt will delete the account and any status associated to it, cancel any offers and remove any listings.
Each User can only have one active subscription to the Services offered by LabOldArt Website.
1.4 Personal Account
Any User of LabOldArt Services is exclusively responsible for maintaining the confidentiality of his account information, including his username and password and expressly accepts and agrees, to the extent permitted by applicable law, to be solely responsible for all activities that occur under his username and password. The User agrees to promptly notify LabOldArt if there are reasons to believe that his password is known by someone else, or if the password is, or is likely to be, used in an unauthorized manner. The User must ensure that all data provided is correct and complete and to immediately notify any change of the information provided. The User can access and update most of the information provided through his account section on the Website.
The User shall never use LabOldArt Services: (i) in such a way as to cause, or likely to cause, interruptions, damages or malfunctions to the Services or their functionalities, or (ii) for fraudulent purposes or, in any case, to commit illicit activities, or (iii) to cause disturbance, prejudice or concern to LabOldArt and/or Users.
All contracts are concluded exclusively with access by the User to LabOldTech Website, using the technology of distance communication via the Internet.
The User acknowledges that he is solely responsible for the content that he submits to the Website. Moreover, the User declares that he has all the necessary rights for the content and that by posting it he is not infringing or impairing the rights of third parties. In particular, with the publication of listings and/or by putting products on sale, the User represents and warrants to be, personally or in any other way, the holder or, in any case, to have the availability of all rights related to the content that he posts and that on the date on which the content or the material is published: (i) the content and material are accurate and relevant; and (ii) the use of the content and material posted does not conflict with any applicable LabOldArt policies and guidelines and that such use does not cause any harm to third parties.
The User undertakes in any case not to use the Services or any other service or function of the Portal to:
In any case, it is expressly understood that LabOldArt, at the request of the competent authorities and in case of proven illegality and/or offensiveness of certain content independently uploaded onto the Website through the mentioned general Services or any other feature available on the Website, shall immediately act to remove such content, consistently with the time frame required for this operation.
It is forbidden for the User to use the information published by LabOldArt on its Website outside the contractual relationship arising from the acceptance of these General Contractual Conditions.
Moreover, the User agrees not to reproduce, sell or dispose of the information published by LabOldArt on its Website, in all its contents, without express authorization.
1.6 Rights conferred by the User to LabOldArt
By publishing the User Content, the User grants to LabOldArt the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, store and create derivative works, in order to provide and promote LabOldArt Services and the Seller's LabOldArt shop in any form, media, or technology and through any channel, including LabOldArt Services or any third-party website or advertising medium. Although this seems a very broad attribution, it is however necessary for efficient and effective Services delivery. In fact, such right allows, for example, not only to publicly display to Customers the photo uploaded by the Seller but also to modify and resize it so that it can be clearly viewed by Users using the Website or LabOldArt mobile application.
LabOldArt reserves the right to refuse access to software tools and to its Website as well as, at its sole discretion, prevent access to LabOldArt Services, suspend or close an account, remove or modify contents from the Website to any User who infringes or violates applicable legal requirements, these Terms and Conditions of Use or applicable guidelines or policies.
1.7 Limitation of liability
To the extent permitted by applicable law, the User acknowledges that the use of the Portal is at his sole risk. LabOldArt Services accessible at www.LabOldArt.com are provided as ‘as is’ and ‘as available’. LabOldArt does not provide any specific warranty about the results expected, hoped or obtained through the use of the Portal.
To the extent permitted by Article 1229 of the Italian Civil Code, the User represents and warrants to indemnify and hold harmless LabOldArt, its representatives, employees, collaborators, associates and partners from any claims, including legal fees, that may arise against the same in connection with the use of the Website.If applicable legislation does not permit the waiver of liability, the liability of LabOldArt shall in any case be limited to the fullest extent that the law permits. LabOldArt accepts no responsibility for any User claims regarding the inability to use the Website and/or its Services for any reason.
LabOldArt may not be held in breach of its obligations nor be held liable for damages, claims or losses, direct or indirect, caused to the User as a result of failure and/or malfunction of the electronic equipment of the same Users or third parties, including Internet Service Providers, of telephone and/or computer connections not directly managed by LabOldArt or persons under its control, as well as for any actions of other Users or persons having access to the network.
LabOldArt reserves at all times the right to temporarily or permanently disconnect the Website and/or its Services (or any part thereof). The User acknowledges that LabOldArt may not be held liable in any way towards users or third parties for the suspension or interruption of its Services.
Any information (text or graphics) related to the goods and/or Services that may be offered on the Website but that are directly provided by LabOldArt’s suppliers, will not result in any liability for LabOldArt in having each supplier exclusive responsibility for the instructions, specifications and descriptions contained therein. Consequently, LabOldArt does not assume any responsibility for inaccuracies, graphic errors or explicit or implicit guarantees of the information, content and software, the marketability and suitability for specific purposes of the information, goods and services communicated or offered by the suppliers on the Website. LabOldArt nevertheless states that, upon request and to the extent of the law, it shall provide the names, addresses and any other information necessary to identify the supplier and/or producer of any goods and services offered.
The information on products and services offered for sale on LabOldArt Website has the sole purpose of highlighting the main features of these products and services, without this constituting a breach of the information requirements under Articles 6 et seq. of Legislative Decree No. 206 of 6 September 2005 (i.e. Italian Consumer Code).
LabOldArt Website may offer links via linking or framing (hereinafter the “links”) to other websites or other Internet resources. The User acknowledges and agrees that LabOldArt may not be held responsible whatsoever for the functioning of such external websites or resources.
Hyperlinks and links of any other nature or based on any technology to the Website may not be created without the prior written consent of LabOldArt. In any case, the creation of such links, even when authorised, shall not give rise to any liability of LabOldArt, it being understood that the latter reserves the right to request the removal of such links at any time.
LabOldArt is not required to control, and in fact it does not control, the content of such websites and assumes no responsibility for the content and/or material, including advertising, published on such external websites or resources or for any products or services offered therein. Such products and services may not be considered in any way sponsored, shared or supported by LabOldArt, and therefore the User assumes all responsibility for the use and purchase of any such products and services.
1.8 Reporting unauthorized content
LabOldArt takes intellectual property rights very seriously, and is committed to following appropriate legal procedures to remove infringing content from the Services. If the content that the User owns or has rights to has been posted to the Services without his permission and he wants them removed, he must follow the procedures provided therein. If the User content violates another person's intellectual property, we will remove it upon receipt of appropriate notification. LabOldArt will notify the User if that happens.
1.9 Modifications to the services or variation of conditions
LabOldArt reserves the right to make changes to its Services, policies, General Conditions and Terms of Service at any time in order to offer new products or services or to conform to laws and regulations. The User will be subject to the policies and to the Terms a Conditions of Use from time to time in force when using LabOldArt Services. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.
LabOldArt reserves the right to change its Terms of Service at any time by publishing any revised Terms of Service on www.LabOldArt.com. LabOldArt’s right to change its Terms of Service includes the right to modify, add or remove portions of these terms and conditions at any time. Unless otherwise stated in these General Conditions or elsewhere, all modified conditions will automatically enter into force immediately after the initial publication.
2. INTERMEDIATION service GENERAL CONDITIONS
2.1 How does LabOldArt works
LabOldArt is a web-based e-commerce platform that offers its Users the possibility to sell and buy photographic works created using the so-called ‘Alternative Techniques’ or ‘Antique Photo Techniques’ in different formats and from any place.
LabOldArt does not own the goods offered for sale or sold through its platform, nor does it transfer the property of the goods from the Seller to the Customer or has a role or is involved in the sale between Seller and Customer. The sale contract is directly concluded between Seller and Customer. LabOldArt acts as an intermediary between Seller and Customer by placing in contact the two entities so that they may, through the Services offered by LabOldArt, conclude the sale contract.
Although LabOldArt may provide indications regarding prices, shipping and other information concerning the sale of products listed through LabOldArt Services, such indications and information are purely referential and Users may decide to follow them or not. LabOldArt does not review Sellers’ listings or contents placed by Users on the Website. While LabOldArt can facilitate the resolution of disputes through various programs, it does not guarantee, nor does it have control over the existence, quality, safety or legality of the products listed; the veracity or accuracy of Users’ advertisements, contents and feedbacks; the ability of Sellers to sell products; the ability of Customers to pay for products; or that a Customer or Seller will actually complete a transaction.
The terms contained in these General Conditions do not deprive the Customer, in the case of a consumer, of the rights conferred on him by law and applicable regulations, including the rights and remedies referred to in Legislative Decree No. 206 of 6 September 2005.
2.2 Terms and Conditions of sale
LabOldArt authorizes Users (Sellers) to list and sell their products through the Website.
The Seller is solely responsible for the sale of the products and must deal directly with any and all claims or issues related to the contract between Seller and Customer, including any statutory guarantee obligations.
Users must be at least 18 years of age to be eligible for access to LabOldArt Services. No Services shall be offered and/or provided to minors under the age of 18.
By using the available options, professional Sellers may display their terms and conditions of sale and return policies in all listings.
2.3 Terms and Conditions for the sale of products
When placing a product for sale, the User accepts and agrees to comply with the policies on selling products set out in these General Conditions and that:
2.3.1 he is responsible for the accuracy, content and legality of the product offered for sale;
2.3.2 any content that violates any of LabOldArt policies may be deleted at LabOldArt's sole discretion.
2.4 Sales rules and procedures
Photographs showing the products are not part of the scope of the contract and may in no circumstances be considered as responsibility of LabOldArt. Product data sheets and descriptions are provided by the Seller and may be subject to changes without prior notice.
The order shall be considered as a contractual purchase order addressed to the Seller for the products listed, each considered individually. Upon receipt of the order, LabOldArt will automatically send an Order Confirmation email, which, nevertheless, does not constitute acceptance of the purchase order. In fact, the Order Confirmation email only confirms that the order has been received and that it has been submitted to the process of data validation and product availability check.
The purchase order shall be considered accepted only with the sending of a Shipping Confirmation email, which will also include the information regarding shipment of the product and expected delivery date. In the event of the order being processed through multiple shipments, Shipping Confirmation emails may be sent separately. The order may be cancelled prior to receiving the Shipping Confirmation email without any charge, provided the order has not already been prepared for shipping.
The sales contract will be concluded only with the sending of the Shipping Confirmation email.
2.5 Sale price - Commission on final selling price - Expenses
The selling price of individual products is at the sole discretion of the Seller and in no case LabOldArt may modify and/or make changes to the same unless previously authorized to do so. Prices are in Euros and include VAT and any other taxes, excluding the cost of transport.
If the product is sold, the Seller will be charged a commission for the Intermediation Service rendered of 18% of the sale price excluding shipping costs.
2.6 Payment methods and/or Commission charges
Each Seller entrusts to LabOldArt the limited task of receiving, safekeeping, and settling payments for the Seller.
LabOldArt will settle the payments that it actually receives to each Seller, less any amount due to LabOldArt in accordance with these General Conditions. The Seller accepts and agrees that the payment received from the Customer by LabOldArt on behalf of the Seller meets the Customer’s obligations towards the Seller, regardless of whether this amount is actually paid by LabOldArt to the Seller or not. In the event of LabOldArt not settling such payments to the Seller, as described in these General Conditions, the Seller can take action against LabOldArt but not against the Customer.
All amounts resulting from a completed sale transaction will be shown as balance in the ‘Direct Payments Account’ of the Seller.
Transactions are considered completed once payment has been approved by LabOldArt.
The funds in the Direct Payments Account (‘Available Balance’) are eligible for transfer on the Seller's PayPal account or bank account and are credited to the indicated account 24 hours after the Customer has received the product ordered. LabOldArt shall not be held liable for any delays caused by third-party payment intermediaries. Any costs or fees charged by credit institutions shall be borne by the Seller. If the goods ordered through LabOldArt are subject to import duties and taxes, payable upon delivery at the specified address, any additional customs clearance costs shall be borne by the Customer.
The Customer is aware that cross-border deliveries may be subject to opening and inspection by customs authorities.
2.7 Shipping and delivery
LabOldArt does not handle the shipping process. Orders are shipped with a courier selected by the Seller.
Deliveries to Customers are made through a courier predefined by the Seller. Sellers can alternatively use more couriers to give Customers the option to choose the courier they prefer for delivering the products ordered. In such cases, Sellers must have entered the predefined couriers when submitting the photographic work to be sold.
The shipping cost is specified in the order detail section. Orders must be processed and delivered to the courier for shipment within 3 days of receipt of the purchase communication. Products are shipped only upon receipt of payment from the Customer. Product availability is always specified in the product detail page. Delivery times commence from the time the product is handed over to the courier and depend on the courier chosen and/or the distance that the product has to travel.
The date indicated for delivery may, however, be subject to temporal variations due to organizational and logistical reasons.
Tracking of the shipment is available only if the courier chosen provides this type of service and can also be viewed on LabOldArt Website.
2.8 Withdrawal, Cooling-off period, Cancellation and Returns
The right of withdrawal does not apply for products to which LabOldArt Services refer.
Please note that in addition to these General Condition, each country has its own laws regarding shipments, cancellations, returns and replacements. Users are therefore advised to pay particular attention to the laws in force in their country and in the countries of their customers. The right to the cooling-off period must, under penalty of forfeiture, be exercised by the Customer within 24 of sending the order, by means of email to LabOldArt.
Refunds will be made as soon as possible, and in any event within 30 days from the date on which Seller and LabOldArt are aware that the Customer has exercised the cooling-off right.
The transaction may be cancelled due to the following reasons:
2.9 Termination of the contract with LabOldArt
In the event of termination of the relationship with LabOldArt, the non-disputed Available Balance will be credited on the Seller’s bank account. LabOldArt reserves the right, at the expiry of the 180-day period following the termination, to settle any amount due to the Seller at net of any charge-backs, refunds, adjustments or any other amounts paid to Customers, or ask for a reimbursement from the Seller via any of the means provided in these General Conditions for any additional amount necessary to offset any charge-backs, refunds, adjustments or other amounts paid to Customers.
3. Applicable law and competent court
These General Conditions for the provision of LabOldArt Services are entirely governed by Italian Law, to which reference should be made for anything not expressly provided for therein.
Any dispute that may arise on the interpretation or execution of these General Conditions will be referred to the sole jurisdiction of the Court of Milan.
4. Reporting violations of LabOldArt’s policies
Any User that sees a listing that violates any of LabOldArt policies, is kindly requested to report it by clicking the Report listing link found in the same listing or the Report or Contact us link available on most Help pages. When a policy violation occurs, LabOldArt sends an email to both Seller and Customer to inform them that the listing has been removed from the Website.
Infringements of Intellectual property rights
If a User believes that his intellectual property rights have been infringed, he may fill in and submit the Notification form. LabOldArt responds quickly to intellectual property rights owners who complete and submit the Notification form to notify any alleged infringements. Upon receipt of a Notification form, LabOldArt may remove the listed works without this implying any admission of liability and without prejudice to any other rights, remedies or defence which LabOldArt may have,all of which are expressly reserved. In addition, in submitting a Notification form, the User grants to LabOldArt the right to use, reproduce, modify, adapt, publish, translate, create derivative works from and display its content throughout the world in any media. This includes the right to forward the Notification form to any third parties involved in the provision of the allegedly infringing content. The User agrees to indemnify LabOldArt for all actions and claims arising out of or connected with the submission of a Notification form.