Terms and conditions

These Terms and Conditions contain the discipline and methods of using the services provided by the To Changing Art platform (General Conditions of Use), as well as the general discipline of the sale of the works that takes place through the same (General Conditions of Sale) .

DEFINITIONS

The terms and expressions listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.

To Changing Art (the Platform): means the platform available on the 2changingart.com website, owned by the Art Advisor, on which it is possible to use various services, including the purchase of works of art of various kinds, from painting, to photography, to the most innovative forms of artistic expression, such as NFT and cyber art.
Website: means the 2changingart.com website.
User: means any person who browses and/or registers on the Website.
Services: means all the services provided by To Changing Art, mainly including the sale of works of art.
General Conditions of Use: means the section of these Terms and Conditions which contains the discipline and methods of use of the Services by the User.
General Conditions of Sale: means the section of these Terms and Conditions which contains the general regulation of the sale of the works of art made available on the Platform.
Account: means the User’s personal area through which, after registering and creating a profile, the User can purchase works of art on the Platform.
Registration: means the user’s registration procedure on the Platform, which results in the creation of an Account.
Artworks: means all works of art available for purchase on the Platform, including, but not limited to, paintings, sculptures, jewellery, graffiti, photographs, screen prints, literary works, NFTs and crypto art.
Artists: means the authors of the Works, including, by way of example and not limited to, painters, sculptors, jewelers, photographers, performers, writers and designers.
Art Advisor: means Roberto Ongaro, art expert and owner of the Platform, who acts through the same as the exclusive agent for the sale of the Works in the name and on behalf of each Artist.
Order: means the purchase order for a Work made by the User on the Platform.
Price: means the price of the Artist’s Work as indicated in the Works section of the Platform.

GENERAL CONDITIONS OF USE

Object
1. These General Conditions of Use govern the methods of using the Services provided by the Platform as a marketplace of works of art.
2. The User is required to accept these General Conditions of Use upon Registration. In case of non-acceptance, it will not be possible for the User to use the Services.
3. The User who browses the Platform only to view its contents, but without registering, is subject to the conditions specified in the Privacy Policy and in the Cookie policy, but will not be able to create his own Account and conclude the purchase of a Work.
Minimum age
1. Registration and the purchase of the Works are permitted only to Users who have reached the age of 18.
Changes
1. The Art Advisor, as owner of the Platform, reserves the right at its sole discretion to change, modify, add or remove parts of these General Conditions of Use.
2. In the event of modification of these General Conditions of Use, the User will be made aware of the modifications so that he can express his consent. However, continued use of the Website following the publication of the changes will imply their implicit acceptance by the User.
Account
1. The User can view and modify the details of his Account and the information relating to his profile through the appropriate My Account section of the Platform.
2. The User can also deactivate his Account at any time using the appropriate Deactivate Account function in the User profile settings. However, this operation does not involve the definitive deletion of the data. By re-entering the credentials, the User will therefore be able to reactivate their Account, complete with all the data and information previously provided.
3. In the event that the User wishes to permanently cancel his Account, he can do so using the specific Cancel Account function present in the User’s profile settings. In this case, all data and information will be permanently deleted and the User will no longer be able to access his Account.
Contacts
1. For further information and assistance on the Platform, or for any communication connected and/or correlated to the Services, including any reports, complaints and/or requests, Users can contact To Changing Art customer service at the following e-mail address: info@ 2changingart.com.

GENERAL CONDITIONS OF SALE

Object and commercial policy
1. The purpose of these General Conditions of Sale is to define the terms and conditions of the online sale of the Works available on the Platform.
2. Each User is required to carefully read these General Conditions of Sale, to which he is bound by acceptance.
3. By placing an Order, the User declares to act exclusively for private purposes.
4. The Art Advisor, as owner of the Platform, acts through it as exclusive agent for the sale of the Works in the name and on behalf of each individual Artist. Therefore, in the event of the purchase of a Work, the effects of the sale will be produced directly by the purchasing User and the Artist, in his or her capacity as the person instigating the sale.
5. In any case, the Art Advisor reserves the right to modify these General Conditions of Sale, it being understood that those published from time to time on the Website at the time of sale will be considered applicable.
Information pursuant to Legislative Decree 9 April 2003, n. 70 and conclusion of the Sale
1. In compliance with the art. 51, paragraph 7 of Legislative Decree 6 September 2005, n. 206 (Consumer Code), before sending the purchase proposal (Order), the purchasing User will be able to view the Shopping Cart and consult a summary of the applicable commercial and contractual conditions, as well as a summary of the characteristics of each selected Work (including, date, dimensions, technique, description) and the relative Price, also inclusive of any applicable taxes and duties.
2. Before confirming the Order, the User is required to check all the information contained in the summary and correct them in case of errors, as well as to select the method of shipment or delivery of the Work.
3. Any shipping costs of the purchased Work shall be borne by the User, without prejudice however to the possibility of collecting the Work at the physical location of the gallery, located in Milan.
4. By making the purchase, the User confirms that he knows and accepts the additional information contained on the Website, referred to therein via links, including the General Conditions of Use, the Privacy Policy, the Cookie Policy.
Payments
1. Once the Order has been confirmed, the User can make the payment by: i) bank transfer to the coordinates indicated on the Platform and entering the Order ID as reason for payment; ii) [da integrare].
2. In any case, the Order placed by the User will be shipped or made available for delivery only after the actual crediting of the Price.
3. [da integrare con altre modalità pagamento prescelte e specifiche fornitore servizio pagamento]
Warranties and Discrepancies
1. All purchased Works are delivered to the User with a special certificate of authenticity and originality, containing all the data that allow the Work to be traced back to its Author.
2. The Art Advisor, together with the Scientific Committee of To Changing Art, carefully select Works created by prominent Artists in the artistic panorama, who guarantee the originality, authenticity and provenance of the Works and that they are free from claims by third parties, mortgages and lien rights. In any case, the Artists retain the moral rights on the Work and the rights relating to its reproduction.
3. Except for serigraphs, each Work is a unique piece, therefore, its uniqueness also derives from the presence of small discrepancies such as not to constitute defects, but to be considered elements characterizing the uniqueness of the Work itself.
4. Once the Work has been delivered, it is the User’s responsibility to verify its conformity with the order and that there are no damages. In the event of damaged works, the User can make use of the guarantee provided by law. Specifically, in the event of a damaged or non-compliant Work, the User, unless it is a single piece, can request the restoration of conformity of the Work by free replacement, unless the requested remedy is objectively impossible to implement or is excessively onerous compared to the other remedies. Only in the cases provided for by law, the User can request an appropriate reduction of the price or the termination of the contract and the subsequent reimbursement of the purchase price paid. It should be noted that the User loses this right if he does not give adequate notice of the lack of conformity within 2 (two) months from the date of discovery of the defect. However, it is understood that the guarantee only applies for the following two (2) years from the date of delivery of the Work.
Delivery, Shipping and Returns
1. Depending on the choice made by the User at the time of the Order, the Work may be sent to the address declared by the User in the terms indicated in the previous paragraph 2.3. or collected at the physical location of the gallery, located in Milan.
2. Shipping times are in any case calculated from the time of acceptance of the Order, taking into account working days. Saturdays and Sundays are therefore not included in the calculation.
3. To exercise the right of withdrawal, the User is required to inform the Art Advisor and, consequently, the Artist, of his intention to withdraw from the contract; this through an unequivocal declaration of withdrawal, to be sent by e-mail to the address info@2changingart.com.
4. The User may exercise the right of withdrawal within a period of fourteen (14) days starting from the following day on which the Work was delivered to him or was collected from the physical location of the gallery and without the need for justification.
5. In case of withdrawal, the User must return the Work within fourteen (14) days of the notification of withdrawal. The shipping or transport costs relating to the return of the Work are the responsibility of the User. To meet the withdrawal deadline, it is mandatory to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
6. In consideration of the value of the Work. the provision of adequate insurance for the shipment of the same may be required.
7. In addition to the Work, all certificates and/or accessories delivered must also be returned, in their original conditions and, as far as possible, in the original packaging. In the event that the Work should be returned without accessories or with obvious signs and/or damage that considerably reduce its value, the User will only be granted a partial refund, to an extent commensurate with the actual reduction in the value of the Opera.
8. The User will also be held responsible for any decrease in the value of the Work deriving from use and management of the Work that goes beyond its intended purpose.
Rights below
1. The User declares to be informed of the fact that in relation to the purchased Work there may be a resale right of the Author, therefore a right to receive a percentage on the sale price of the originals of his works on the occasion of the sales subsequent to the Before.
Customer care
1. In the event that the User should need to receive further information or clarifications on the Works or regarding the purchase or delivery of the same, including any reports, complaints or other requests, he can contact Customer Service at the e-mail address email info@2changingart.com.
Applicable Law and Disputes
1. These General Conditions of Sale are governed by Italian law and in particular by Legislative Decree 6 September 2005 n. 206 (Consumer Code).
2. In the event of disputes arising from these General Conditions of Sale, we inform you that the European Commission provides a platform for alternative out-of-court dispute resolution accessible at the website http://ec.europa.eu/odr.