May 6, 2020
Updated: May 6, 2020
Validity start: June 20, 2020
Forced validity start: July 20, 2020
www.bayardart.com is managed by Steve Bayard for Bayard Art Consulting, Tabbertstraße 6B, D-12459 Berlin (hereafter "BAYARD ART CONSULTING").
Further information about your contract partner can be found in the "Imprint" section of our website and magazine.
Users do not need to register to use our content.
1 RIGHTS TO CONTENT OF THE WEBSITE AND THEIR USE
1. BAYARD ART CONSULTING reserves all copyright and other intellectual property rights on all pages of the website including layout, software and their contents. The contents may be used by users only for their own personal purposes.
2. The transfer of contents of the website to third parties is not permitted (even in part) without our consent. It is forbidden to integrate and / or present the website or its contents in a sub-window (frame).
4. It is prohibited to modify and / or remove copyright notices and / or brand names and / or other information in the content created/developped by our designers/services.
5. Any use of the content for commercial purposes is prohibited, unless we have agreed in writing in individual cases. Generally this happen after we receive your final payment for a work you requested us to do for you.
6. The establishment of a hyperlink to the website www.bayardart.com is prohibited if the linking page next to this link on the portal contains morally offensive, violence glorifying, racist and / or criminally relevant content. Clients who have request us to create their website have the obligation to mention us as the creators of the service and tools we have develop for them. As an example, if we create a website for you, the footer of your website must include a hyperlink text pointing to our website. If you remove this part of the code, you will assume additional penalties as well as damages and interest for not mentionning the creator of the content we developped for you.
7. We reserve the right to terminate or restrict the website, as well as any website we develop for everyone, in its entirety or parts thereof at any time. These include the free services and offers and, in particular, the areas subject to registration. Insofar as users have order a paid service on the website, the cancellation provisions provided for in this respect apply to this service.
2 ONLINE BEHAVIOR
2. The distribution of racist, pornographic, violence-glorifying or -harmonizing and immoral information is prohibited. Also prohibited is the dissemination of information that harms or endangers us or any children or adolescents in their development or upbringing, or that violates human dignity or other legal interests protected by the Criminal Code.
3. Most of the information available to you in connection with the use of BAYARD ART CONSULTING services or products is the intellectual property of others and is protected by copyright, trademark or other intellectual property rights. Any information you submit or receive or transmit using the our web services (eg upload, download, file sharing) must be shared for these purposes. By your use you may not infringe copyright, trademark or other property rights of third parties.
4. You may not distribute or send us unsolicited mass mailings (spam e-mails, junk e-mails). You must ensure that your use of individual functionalities does not affect BAYARD ART CONSULTING, other providers, networks or other third parties.
5. If you culpably violate these terms or applicable law, BAYARD ART CONSULTING may take the necessary action against you. In the case of minor infringements, these may be limited to the indication that these conditions, legal provisions or the obligation to respect them have been violated. Serious violations can lead to the temporary or complete blocking of individual services and financial penalties as well as a denonciation to the competent authorities. Financial penalties are calculated on the basis of a € 100 (hundred euros) minimum penalty per violation. In the case of author rights and non-authorized use of our products/services, this can be much higher depending the offense caused by your violation of our terms and conditions.
6. BAYARD ART CONSULTING is entitled to block information that you have posted in BAYARD ART CONSULTING products if there is a reasonable suspicion on the basis of factual evidence that this information violates statutory provisions or these conditions. In particular, there are reasonable grounds for suspicion of being prosecuted for information that you have posted on BAYARD ART CONSULTING web services. BAYARD ART CONSULTING is entitled to maintain the suspension until the suspicions have been removed. BAYARD ART CONSULTING reserves the right to check and, if necessary, reject information that you post in public areas before activation.
1. BAYARD ART CONSULTING make no guarantee that the content meets the expectations of the user or that he achieves a specific goal with the content developped.
2. BAYARD ART CONSULTING can not guarantee that the website will be available to the user at certain times. In particular, BAYARD ART CONSULTING therefore assume no responsibility in the event of disruptions, interruptions or any failure of the website.
3. The content published on the website can also comes from third parties. BAYARD ART CONSULTING and our data providers can not guarantee the accuracy, completeness or timeliness of this content, so that a warranty is excluded in this respect, unless otherwise agreed.
4. We present information (pricing information for services and artworks for sale) on the website. However, we do not always provide investment advice with these art market data such as news, prices, charts, forecasts, indices, etc, and we do not always provide investment brokerage; we also do not always ask for the purchase or sale of artworks. Howerver, this is possible in some case that we provide such informations for items we sell on our website or with our services.
5. The website www.bayardart.com contains links to other websites. BAYARD ART CONSULTING do not endorse the contents of third party sites. BAYARD ART CONSULTING does not warrant that the content provided on these websites is true, legally correct or legally harmless. BAYARD ART CONSULTING assumes no liability for the virus-free nature of these pages. BAYARD ART CONSULTING does not endorse the contents of the banners and other advertising space and assumes no responsibility for them.
6. For the content that our members of the gallery network hire, they are solely responsible.
4 LIMITATION OF LIABILITY
1. For damages, no matter from which result, BAYARD ART CONSULTING is only liable for intent or gross negligence of our legal representatives, employees or other vicarious agents. This applies accordingly in the case of breach of ancillary or secondary contractual obligations, in the event of tort, as well as in the case of defects and consequential damage. The above provision does not apply in the event of a breach of duties which are essential for the achievement of the purpose of the contract.
2. If BAYARD ART CONSULTING are liable, BAYARD ART CONSULTING are liable only insofar as the damages were foreseeable. Our liability in these cases is limited to EUR 100 per claim. This limitation of liability does not apply if the damage is due to the fact that one of our legal representatives or executives acted intentionally or through gross negligence or if another vicarious agent intentionally or grossly negligently violated a key obligation to achieve the purpose of the contract.
3. The disclaimers or limitations contained in the preceding paragraphs shall not apply in the absence of assurances given or in the event of damage resulting from injury to life, limb or health.
4. The exclusions or limitations of liability under this section shall apply mutatis mutandis to claims against companies affiliated with us as well as our legal representatives, executive employees and other vicarious agents.
5 DATA PROTECTION
1. BAYARD ART CONSULTING operates across borders. The computer systems are currently operated by BAYARD ART CONSULTING, based in Berlin, Germany. Other computer systems are kept in the united states of America. Your personal data will therefore be transmitted to, processed and stored in the United States and in states within the European Union.
2. Unless you consent to further processing or use, your personal information will be stored, processed and used by us for the purpose of providing access, use and billing, as well as the other purposes set out in this section. For individual services, the data you enter is centrally stored by BAYARD ART CONSULTING stored in the US, but can be changed or deleted at any time.
3. For the purpose of the contract, your personal data will be transmitted by us to companies of the BAYARD ART CONSULTING group, based in Berlin, Germany.
4. BAYARD ART CONSULTING stores your personal data only as long as it complies with the legal limits. If storage is no longer required, all personal information except your name and bank details will be deleted no later than six months after the termination of your contracts. The name and bank details are used for your protection when considering new contractual relationships. The longer storage is to prevent unauthorized persons from using your data to log in with or to access to your BAYARD ART CONSULTING datas. If you do not wish this longer storage, you can - even after termination of the contract - disagree by sending your objection to the following e-mail address: firstname.lastname@example.org.
6 OTHER CONTROLS
BAYARD ART CONSULTING SUBSCRIPTIONS, ORDERS AND SALES AGREEMENT
The BAYARD ART CONSULTING Subscription, Orders and Sale Agreement (this "Agreement") governs the use of the BAYARD ART CONSULTING Products and Services ("Products") described in more detail below and constitutes a legally binding agreement between you and BAYARD ART CONSULTING ("we", " By placing a tick in the "Agreement" icon at the bottom of the newsletter pop-up and by clicking to close the warning pop-up for cookies on each of our pages, you accept these terms and agree to be bound by this agreement.
Any change to this Agreement will be effective upon the posting of this change on the BAYARD ART CONSULTING website. This change will be posted to you without further notice. The agreement published on this website then replaces the previous agreement. You are responsible for regularly checking our website for changes. If you continue to use the BAYARD ART CONSULTING services or products after the publication of an amended agreement, the amended agreement is deemed accepted. If you do not agree with the terms of this Agreement or any change in this Agreement, do not continue to use the BAYARD ART CONSULTING services or products.
A user who is a consumer within the meaning of § 13 BGB may revoke his consent to this contract in writing within two weeks of his approval. As a result, he is not bound by his consent. A revocation by e-mail is sufficient, however, the revocation can also be made by letter or fax.
Withdrawals should be made to the following address:
BAYARD ART CONSULTING
contact (at) bayardart.com
+49 152 13 71 96 10
The revocation period will be respected if the User sends his withdrawal within the two weeks.
However, the right of withdrawal expires before the expiration of this period as soon as the user has made use of the BAYARD ART CONSULTING services or products listed in this contract.
6.2. DEFINITION OF PRODUCTS AND SERVICES
BAYARD ART CONSULTING offers a wide range of products and services. Below is a description of all products and services, collectively referred to as "products". The prices as well as further information on the respective product are given at the registration or the sales agreement for the corresponding product. The prices for the respective products are part of this contract.
6.3 BAYARD ART CONSULTING PRICE FOR FINE ART AND DESIGN
The BAYARD ART CONSULTING prices for Fine Art and Web/Graphic Design services can be find in our service page, on online stores we designed and in our auction results, including illustrations. BAYARD ART CONSULTING prices allows the user to conveniently search for auction results from any devices. There are various types of art that can be purchased from the:
1. Illustrations for individual users, billing being made instantly. The user receives the purchased illustrations.
2. Paintings & Sculptures for individual users, museums and art galleries, billing or part of the billing for reservation being made instantly. The user receives the purchased paintings or sculptures delivered directly to your door or for pick-up at one of our locations available with certificate of authenticity.
3. Services for individual users, businesses, and more. The billing is made with Zervant or PayPal after the client orders (by phone call, chat or e-mail) a service we provide. Additional costs for development are always agreed with the buyer before to finalize the sale if the project is a custom one. For general pricing please refer to the price published on our Service page.
4. Events tickets, billing instantly with Eventbrite or partner of our networks, see conditions under the events tickets or tickets page. The user receive a confirmation ticket to print at home or to keep on his mobile device before to present it at the entrance door of our event locations.
5. Sponsoring/Donations billed instantly. The user receive a payment confirmation from PayPal and a special illustration as well as free access to all the events created by BAYARD ART CONSULTING. Special Events are not always included, please refer to the events rules to learn more about this.
7 CONDITIONS AND PRICES
There are three different accounting methods for BAYARD ART CONSULTING services or products:
• One-time payments for products that are not renewed
• Repeated payments for products renewed
• One-time payments that include a certain number of hours of consulting before to be fully delivered and installed
• Payment in 3x possibles with our Zervant billing system for all invoices (products will be delivered after full payment starting the 1st of June 2020)
All prices are listed on the corresponding product/service page, which provides a description of the product and its subscriptions details, as well as in the shopping cart or final invoicing. The user agrees to the payment of the price specified for the product in the price list. At the time of enrollment or purchase, the user agrees to provide truthful information for their user account, including the provision of a valid credit card number or IBAN & SWIFT/BIC, and confirms that that he is of age and full legal capacity to proceed for order. The purchase or use of the BAYARD ART CONSULTING services or products is charged to the user (to the company when the order is for a business) in € (euros) or in the national currency of his deposited credit card address.
Important notice: Our user agrees to pay directly upon purchase. The credit card provided by the customer during the registration process (or, if the item is purchased in addition to a previously purchased product, the credit card that you have specified in your billing account) will need to be enter manually to be used for those products. In the case of invoicing for developped solution with our services, our clients agrees to pay directly upon reception of the invoice. All invoices must be paid maximum 30 days after reception of the invoice. If you fail to respect these conditions of payment, we will follow the usual processing to claim our money back. Violation to this will be subject to additional costs for the client. We remember you here that, in Berlin, we are allowed to add 9% of interest automatically for each month of delay for your payment to be fully completed.
The user is responsible for all applicable taxes (VAT, etc.) or additional taxes, be they local, state, national or international taxes, resulting from the purchase of an BAYARD ART CONSULTING product. In the event that BAYARD ART CONSULTING is required to collect these taxes, BAYARD ART CONSULTING will collect the taxes on purchase. The user undertakes to pay all fees, including applicable taxes, in accordance with the terms of payment currently valid at the time of purchase. If BAYARD ART CONSULTING makes a mistake in calculating the tax percentage of the value of the purchase, BAYARD ART CONSULTING reserves the right to make another bill to the customer to meet its statutory tax recovery obligations. Keep in mind that regarding how fast our business is growing, it can be possible that we charge 7% of VAT for all products including a transfer of rights and 19% for all the services and products that are not including a transfer of rights.
7.2. CHANGE IN PRICES AND PAYMENT TERMS
BAYARD ART CONSULTING reserves the right to introduce new prices for products or to change the calculation base of existing prices, as well as to charge taxes for the sale of products. The user undertakes to pay all fees, including applicable taxes, in accordance with the terms of payment currently valid at the time of purchase.
We will inform users about future price changes of our products, but we reserve the right to change prices at any time. In this case, the change becomes effective instantly.
BAYARD ART CONSULTING products are always advertised on www.bayardart.com in Euros (€).
Your purchase or use of the BAYARD ART CONSULTING products will be charged to the user in the national currency of their deposited credit card address:
• Euro (EUR - €) if the billing address is in the European Union.
• British Pounds (GBP - £) if the billing address is in the United Kingdom.
• United States Dollar (USD -US $) if the billing address is in the US or in a country not otherwise defined.
• Swiss Francs (CHF) if the billing address is in Switzerland
When a customer buys a product on the BAYARD ART CONSULTING website, the billing address of their credit card entered is used by PayPal to determine the currency selected. The user can choose what currency he would like to use for his order limited by the options available with PayPal.
Each renewal will be made in the local currency of the specified billing address. This address can be changed at any time, as shown in the following extension or surplus invoice. A customer can cancel his monthly subscription at any time, however, user must know that if they do so, they will get a penalty of the same amount of the price of their subscription until the end of the period selected at the subscription date.
7.4. NO REFUND & NO RETURNS
7.5. CREDIT CARD BOOKING
Users may object in writing to a debit from their credit card within 90 days of the debit. The user agrees that BAYARD ART FOUNDATION will not be liable for any erroneous bookings that have not been reported within this 90-day period and expressly waives the right to recall a debit if it has not previously informed Customer Services of the recall of the charge,
8 USE OF SERVICES
For the payments made, BAYARD ART CONSULTING grants the customer access to the products acquired through this website under the following conditions:
8.1. Users who have reached the age of 13 years old can access the website and see our content, however, only users who have reached the age of 18 years old can register an account to buy and make payments on our websites.
8.2. The contract is concluded for an unlimited period. It acts as a framework contract for all used services and products provided by the website owner.
8.4. The user data are not transferable. Any change in the user data entered during registration must be reported immediately under the heading "Update user account" by e-mail to email@example.com.
8.5. The user undertakes to provide correct and complete information about his identity, address, telephone and bank details during the registration process. During the contract period of the service used, this data must be kept up to date immediately.
8.8. The user is also responsible for user charges incurred by third parties for improper use of the username due to his or her fault; In this case, he shall indemnify BAYARD ART CONSULTING from "ALL" damages resulting from the improper or illegal use of the access to the website and our services.
8.10. The user is allowed to print out single copies of the different results pages and other elements of the research in the Price list, however not more than one percent (1%) of the total of BAYARD ART CONSULTING is available for printed data.
8.11. The user is not permitted to duplicate, modify or otherwise circulate BAYARD ART CONSULTING contents, products, services or the information contained therein without the prior written consent of BAYARD ART CONSULTING.
8.12. The customer does not acquire ownership of the information he has purchased or printed on our product pages or our website. He will use his best endeavors to protect the intellectual property and confidential information provided by BAYARD ART CONSULTING.
8.13. The user accepts that BAYARD ART CONSULTING has no influence on the services of telecommunications providers and is not liable for their actions and failures or for errors in their technology or system failures based on them.
8.14. Usage Restrictions
The user agrees that:
(a) it does not sell, dispose of, sublicense, rent, or otherwise provide any product or component provided by BAYARD ART CONSULTING or any part of a service or product provided under this Agreement used for commercial purposes in competition with the services of BAYARD ART CONSULTING.
(b) does not make any product or component of a product available to other persons contrary to the terms of this Agreement.
(c) does not allow or permit third parties to access services/products or any part of a service/product via the internet or any other network.
(d) copyright notices, ie references to BAYARD ART CONSULTING's ownership of the information provided, not to printouts made, removed or rendered unrecognizable by the customer.
(e) does not use any service/product or component thereof to create a derivative work, product, or derived service, or to connect a product to another product, database, or service.
(f) does not alter, supplement, translate or modify any product or component of a product and place that version on the market.
(g) does not take any action that adversely affects the ability of BAYARD ART CONSULTING or a third party licensor to obtain revenue from the sale or marketing of the Products.
(h) does not otherwise use a product or component of a product supplied thereunder in a manner that would infringe copyright or other proprietary rights.
(i) does not download the information provided by BAYARD ART CONSULTING under the contract and stores it on storage media such as system servers, hard disks, floppy disks, CD-ROM or backup tapes.
(j) does not disclose the username or password to a third party.
9.1. BAYARD ART CONSULTING is liable to the user for any omissions or errors in the products provided only for damages that are based on intentional or grossly negligent conduct of the representatives of BAYARD ART CONSULTING or its vicarious agents.
9.2. BAYARD ART CONSULTING is liable in the event that due to an BAYARD ART CONSULTING attributable behavior is temporarily not accessible to the products provided under the contract, only for intent or gross negligence of its employees, agents or agents.
9.3. BAYARD ART CONSULTING does not warrant that access to the products provided will always be trouble-free. In the event of a malfunction, the user must inform the customer service by telephone or e-mail and BAYARD ART CONSULTING will make reasonable efforts to remedy the reported malfunctions or defects.
9.4. BAYARD ART CONSULTING shall not be liable for any claims arising out of:
(a) improper use of the products provided under this Agreement by the User.
(b) incorrect implementation of recommendations made by BAYARD ART CONSULTING in the event of any errors or omissions in any product were given.
(c) modifying a product or combining it with another program, or servicing, repairing, suspending, altering, or expanding a product by anyone other than BAYARD ART CONSULTING's or its vicarious agents.
9.5. In all other cases, the liability of BAYARD ART CONSULTING is limited to grossly negligent or intentional actions of its employees or vicarious agents. This does not apply to liability for damage resulting from injury to life, limb or health as well as liability under the Product Liability Act.
9.6. BAYARD ART CONSULTING is not liable for the non-performance of this contract due to events beyond its control, such as war, strikes, floods, regulatory restrictions, pandemic times, power failure or damage or destruction of network devices.
The user indemnifies BAYARD ART CONSULTING against all claims of third parties resulting from a violation of the law by the user or a third party in connection with a breach of contract by the products or services provided by BAYARD ART CONSULTING.
If such violation is the responsibility of the user or a third party, the person concerned shall pay all related legal costs, including attorney and court costs and percentage of interest.
11.1. The user renounces after the entry into force of the notice on any claim to accumulated searches, if one was given. The user is not entitled to any refund for a product under this agreement due to his termination.
11.2. BAYARD ART CONSULTING may terminate the contract without notice by giving written notice to the user if he fails to meet his contractual obligations or otherwise violates the contract. This does not apply to insignificant breaches of contract.
11.3. If the present contract is terminated by the user according to clause 11.1 or by BAYARD ART CONSULTING according to clause 11.2, the user is obliged:
a) to pay fully the payments for the remainder of the contract,
b) to pay more than the agreed number of other additional services,
11.4. BAYARD ART CONSULTING may suspend the provision of the products made available under this contract at any time after written notice and without liability for damages, even if, after a corresponding warning, there is a reasonable suspicion that the products are being used in breach of contract. The warning is sent by e-mail to the address of the customer.
11.5. Both parties to the contract may terminate the contract for good cause without notice. An important reason exists in particular if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating party can not reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice. If the important reason lies in the breach of an obligation under the contract, the termination is only after unsuccessful expiry of a specified period for remedial action or after unsuccessful warning.
12 CONTRACT MODIFICATIONS
BAYARD ART CONSULTING reserves the right to change the terms and conditions of the products or services at any time. In this case, the changed conditions and / or prices will be sent to the customer by e-mail at least one weeks before their entry into force.
If the customer does not object to the changed conditions and / or prices within one weeks after receipt of the information, this shall be deemed acceptance of the changed conditions and / or prices. The customer will be separately informed of the validity of this period and of the possibility of objection in the e-mail informing him of the new conditions and / or prices.
A contradiction of the customer against the changed conditions and / or prices counts as its termination of the contractual relationship. Time of termination in this case is the date of receipt of the opposition.
For actions of BAYARD ART CONSULTING, which are directed against the user, place of jurisdiction is the domicile of the user, if this consumer is within the meaning of § 13 BGB.
For complaints by the user against BAYARD ART CONSULTING, if the user is a consumer within the meaning of § 13 BGB, the place of jurisdiction is either the domicile of the user or the domicile of BAYARD ART CONSULTING.
For users and clients who are merchants, public-law special funds or legal entities under public law, the place of jurisdiction is Berlin. However, BAYARD ART CONSULTING is entitled to sue these users either at their residence.
14 RIGHT OF ELECTION
For all customers who are resident in the Federal Republic of Germany, the execution of this contract is governed by German substantive law, excluding the UN Sales Convention.