Terms & Conditions

1. Agreement to terms

Welcome to Arte Murmur SARL-S. The website available at www.artemurmur.com (hereinafter the “Website”) is operated by Arte Murmur SARL-S, a simplified public limited company (“Société à responsabilitée limitée simplifiée”) ("Arte Murmur" or "Murmur" or "Company" or "we" or "us" or "our") incorporated under the laws of Luxembourg with registered office at 77, rue du Kiem L-8030 Strassen, and with company number B262584. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, you are not permitted to access or use our Services. Please read these Terms and Conditions carefully, and feel free to contact us if you have any questions.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

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2. General Terms and Conditions

Arte Murmur’s SARL-S principal activity is to set up, manage, promote, develop and control a virtual platform for the promotion, advertising and sale of artistic works of all types of artists. We sell products to multiple jurisdictions and these General Conditions are set out to be global. Still, depending on the jurisdiction in which you live, mandatory law may also apply. We respect such applicable laws and nothing in these General Conditions shall be seen as a limitation of your mandatory statutory rights, if such laws provide greater rights for you than set out here.

By placing an order, the customer declares to irrevocably and unconditionally accept the General Conditions. The General Conditions are published on the Website and will be attached to each order confirmation. The acceptance of the General Conditions is necessary to place a valid order. By accepting these General Conditions, you confirm that you are at least 18 years old or have your legal guardian’s permission and that you will comply with the General Conditions. 
 

3. Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Luxemburg, international copyright laws, international conventions, without prejudice to any other laws that may be applicable. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

4. User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

5. Products 

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

 

6. Orders and Payments

The Artworks are offered for sale on Arte Murmur’s SARL-S website and each artwork contains information about the year it was created, size, materials used, and more. Each of the Artworks offered comes with a certificate of authenticity, which will be sent to you by email.

To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.

Arte Murmur SARL-S reserves the right to refuse an order in case of a serious suspicion of abuse of rights or bad faith.

A purchase is not final until the acceptance of these General Conditions, the applicable price and the description of the offer. The Buyer is charged for the payment at the moment of ordering an artwork on the website. When the order is placed, Arte Murmur SARL-S will confirm the order by e-mail and upon confirmation by us the order becomes final and binding. We will email the Buyer within 48 hours in case the artwork is no longer available. We will in this case cancel and fully refund the Buyer.

It is safe to shop with a credit card at artemurmur.com. Your credit card information is transmitted in encrypted form with Secure Sockets Layer (SSL). Encryption technology has a high safety standard. This means that the information is sent via a secure connection and your card information can not be read by outsiders.

We accept the following Credit Cards: Visa, Mastercard, Maestro, American Express, Cartes Bancaires, Diners, Visa Electron. All payments shall be made in Euro (€).
 

The applicable prices include Value Added Tax (VAT) but don't include any delivery costs. The extent of delivery costs will depend on the size, weight and price of the good, the seller’s origin and the customer’s destination, and shall be added at the checkout. Delivery charges will be borne by the customer at cost price. These charges will be indicated before the order becomes final. Any taxes and/or applicable duties of whatever kind, are at the customer’s expense. Please contact us for a full invoice including VAT. Payment must precede the delivery. The order will be executed after receipt of the payment by Arte Murmur SARL-S. Arte Murmur SARL-S is not liable for any damages whatsoever arising out of fraud or any other unlawful act by means of a bank card or credit card.

 

7. Delivery 

The delivery will be effected to the address that is specified by the customer at the moment of order. If an order cannot be delivered to the address that is specified by the customer, Arte Murmur SARL-S has the right to terminate the agreement without prior notice. The customer will be informed in writing, by telephone or by e-mail in case of such a termination. When the customer specifies a wrong address, any additional shipping cost will be charged to the customer.

The period of delivery starts upon receipt of the payment. The delivery takes place as soon as possible. The period of delivery mentioned on the Website is purely an indication and therefore not binding for Arte Murmur SARL-S. If a delivery is made on another date than mentioned on the Website, the customer is not entitled to any compensation. Arte Murmur SARL-S is not responsible for any delay or failure of delivery attributable to the carrier. Transfer of ownership occurs upon receipt of full payment of the goods. The risk for loss or damage to the ordered goods passes to the customer as from the time of delivery of the goods to the carrier.

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​8. General Restrictions

You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

• submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;

• create a false or misleading Arte Murmur SARL-S account or User profile with inaccurate or untrue information

• use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications

• collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent

• breach, disable or circumvent any security or authentication measures on or in connection with our Services

• interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems

• adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission

• use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers)

• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information

• mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission

• remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content

Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User's account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

 

9. Disclaimers and Warranties

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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If the use of our Services results in the need for servicing or replacing any equipment or data, the Arte Murmur SARL-S Parties will not be responsible for those costs or losses, and we urge you to back up your data at all times.

No advice or information (whether oral or written) obtained from the Arte Murmur SARL-S Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

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10. Indemnification

You agree to indemnify, defend, and hold harmless Arte Murmur SARL-S and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

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11. Jurisdiction

These general terms and conditions of sale are governed by Luxembourgish law. Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Luxembourg Courts.

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12. Termination 

You may stop using our Services at any time, subject to any other agreements between you and us.

Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

13. Modifications and interruptions 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

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Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:info@artemurmur.com

 

Last updated September 2022