0

Terms & conditions

Preamble

Bellamysworld is an online Art Business and Auction House that sell high-quality, first and second- hand art-related goods (Products) on the Internet as a primary activity. Products are sold directly online through the Online Catalogue, or auctioned through the online Timed or Live Auction. Bellamysworld's Products belong to the fields of art and antiques as well as contemporary art and design, decorative art and design of the 20th century, sculptures, high-end jewelry, rugs, memorabilia, collector's items, oriental artworks, tribal art, textiles, postcards, paintings, works on paper and graphic prints, numismatics, postage stamps, silver, porcelain, glass and ceramics, photography, rare wines and liquors, antique books, autographs, placards, vintage fashion, accessories, musical instruments, watches, vehicles, coins and many other luxury goods. Other services include but are not limited to brokerage, appraisals of art items and luxury goods and dedicated research services. The use of Bellamysworld's website (the "Site") is subject to the following Terms and Conditions. By using Bellamysworld’s website, Buyer/Seller/Client/Bidder (the "Customer") agrees to be bounded by these Terms and Conditions.  These Terms and Conditions shall govern all offers, purchase, selling, deliveries and services based on orders by Customer through Bellamysworld’s website. These Terms and Conditions constitute the entire and only agreement between Bellamysworld and Customer, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site content, products or services provided by or through the Site, and the subject matter of these Terms and Conditions. Bellamysworld may amend these Terms and Conditions at any time without specific notice to Customer. The latest Terms and Conditions will be posted on the Site and Customer should review them and accept them prior to using the Site.

Registration

No Registration is required to place and process orders, but providing at least an e-mail address is required for check-out, along with a full billing and shipping address.

The e-mail address provided helps Bellamysworld trace all orders and revert to customers on any queries or problems.

Registration, for those who wish to do so, is simple. It grants each Customer the exclusive access to functionalities like the ability to save items to a wish list, access one’s purchase history, and view coming soon items. Customer can register by filling the registration form and must provide an email address and password. Customer will receive a confirmation email with a hyperlink to follow and to confirm the authenticity of Customer's email address.

An email address and a password will be required to login to Bellamysworld. The password must be kept confidential and must not be disclosed or shared with anyone. Customer will be responsible for any purchases and activities that are submitted under its username and password.

Bellamysworld reserves the right to reject, suspend or terminate a registration immediately at its discretion.

General provisions

Capacity to buy/sell/bid: It is Customer's responsibility to ensure that he/she is capable of performing commercial transactions. Customer must ensure that all details provided during registration or any other time is correct and complete. Any changes to information provided during registration must be updated by editing Customer's profile.

Copyright: The The content, graphics, design, logos, manual, compilation, translation, conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by Customer of any such matters or any part of the Site is strictly prohibited. Customer does not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right of such information and materials.

Trademarks: Trademarks: All trademarks, whether registered trademarks or no, are the property of Bellamysworld. Other product and company names mentioned on the Site may be trademarks of their respective owners. Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants Customer only a limited, nonexclusive right for its own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivate works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the Customer's personal use and not for resale and/or redistribution. Editing, Deleting and Modifying: Bellamysworld reserves the right at its sole discretion to edit or delete any documents, information or other content appearing on the Site.

Indemnification: Indemnification: Customer agrees to indemnify, defend and hold Bellamysworld and its attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including attorneys' fees, related to Customer violation of these Terms and Conditions or use of the Site. Non-transferable: Customer's right to use the Site is not transferable. Any password or right given to Customer to obtain information or documents is not transferable.

Disclaimer and limits: The The information from or through the Site is provided "as is", available", and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Bellamysworld and its Affiliated Parties have no liability whatsoever for Customer use of any information or service. In particular, but not as a limitation thereof, Bellamysworld and its Affiliated Parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, etc.), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between Bellamysworld and Customer. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by Customer from Bellamysworld through the Site shall create any warranty, representation or guarantee not expressly stated in these Terms and Conditions. Non-responsibility: All responsibility or liability for any damages caused by electronic viruses that might be closed within the electronic file containing the form or document is disclaimed. Bellamysworld will not be liable to Customer for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site. Bellamysworld's maximum liability to Customer under all circumstances will be equal to the purchase price paid for any goods, services or information. Use of Information: Bellamysworld reserves the right, and Customer authorizes Bellamysworld, to use and assign all information regarding Site uses by Customer and all information provided by Customer in any manner consistent with our Privacy Policy.

Payments: Customer warrants that if it is purchasing any product/service from Bellamysworld, (i) any credit information Customer supplies is true and complete, (ii) charges incurred by Customer will be honored by its credit card or any other payment method chosen, and (iii) Customer will pay the charges incurred by it at the displayed prices, including

Links to Other Websites: The The Site contains links to other Websites. Bellamysworld is responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by Bellamysworld. Inclusion of any linked Website on Bellamysworld's Site does not imply approval or endorsement of the linked Website by Bellamysworld. If Customer decides to leave the Site and access these third- party sites, Customer does so at its own risk.

Information and Press Releases: The The Site contains information and press releases Bellamysworld. While this information was believed to be accurate as of the date prepared, Bellamysworld disclaims any duty or obligation to update this information or any press releases. Information about companies contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Bellamysworld.

Language: The English language shall prevail. The language in these Terms and Conditions shall be interpreted as in accordance with their fair meaning and not strictly for or against either party. 

Severance: should any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions of the Terms.

Precedence: To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. 

Waiver: No waiver by Bellamysworld shall be construed as a waiver of any proceeding or succeeding breach of any provision. Bellamysworld's failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. Entire Agreement: These Terms and Conditions form the entire basis of any agreement reached between Client and Bellamysworld.

Law and Jurisdiction: These Terms and Conditions shall be treated as though they were executed and performed in the country of the company's head office and shall be governed by and construed in accordance with the laws of the company's head office jurisdiction and all claims shall be settled exclusively by the Courts of that country(without regard to conflict of law principles).

Shopping on Bellamysworld The preamble of these terms and conditions (please refer to its content above) constitutes an integral part of them. 

These Terms and Conditions constitute along with the Preamble the entire and only agreement between Bellamysworld and the Buyer, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the services provided, and the subject matter of these Terms and Conditions. Bellamysworld may amend these Terms and Conditions at any time without specific notice to the Seller. The latest Terms and Conditions will be posted on the site and Seller should review them prior to using the site.  

These Terms and Conditions shall be treated as though they were executed and performed in the country of the company's head office and shall be governed by and construed in accordance with the laws of the company's head office jurisdiction (without regard to conflict of law principles).

Orders and delivery

4.1. Buyer should follow the ordering and payment procedures clearly detailed on Bellamysworld's website.

4.2. All orders are firm and legally binding.

4.3. Deliveries of the Products shall be executed in all countries unless provisioned otherwise by our shipper.

4.4. Deliveries will be dispatched in one (1) to two (2) working days following the payment confirmation/clearance of payment. Payment clearance may vary between two (2) to four (4) working days depending on method of payment. The Products will be handed to Buyer during regular hours in Buyer's country.

4.5. Deliveries are sent by default to the shipping address provided by Buyer during registration.

4.6. It is Buyer's responsibility to make sure that the provided address is accurate. Bellamysworld will not be held liable for erroneous address entries. After having left our premises, any address modification will not be taken into consideration.

4.7. Ownership shall pass to Buyer when the displayed selling price ("Price") and all other charges and taxes attributable to the Product have been paid in full. The risk, including the risk of loss or damage of the Products, shall pass to Buyer on delivery.

4.8. Bellamysworld may change its list of Products by adding or removing Product(s) at its sole discretion.

4.9. Buyers, who wish to have their purchases left outside the elected address, should note that Bellamysworld shall not be held responsible for any damage or missing Products after the delivery has been made.

4.10. Bellamysworld runs 3 different shipping plans depending on the country and the purchased item(s): free shipping, shared shipping and chargeable shipping.

4.11 Transit time will vary between three (3) to five (5) working days, starting the date of uplift and excluding uncontrollable delays such as, but not limited to, holidays, weather conditions, Airline offload, Customs Clearance & Authority Regulations (customs inspection at destination…), Natural disasters, earthquakes, War, strikes, or other politically induced event...

Prices & payment

5.1. The Price of the products is that on the Bellamysworld's price list and might be amended at any time at the sole discretion of Bellamysworld.

5.2. All Prices are exclusive of any importation taxes and/or duties, local taxes or any other charges, which shall be payable by Buyer. Buyer is liable for all import duties, customs, clearing fees and local sales taxes (if any levied by the country of shipping destination). Payment of these is necessary to release the Product from customs on arrival. As Bellamysworld is unable to advise the amount, Buyer is recommended to inquire about this information locally before placing its order.

5.3. Unless specified otherwise by Bellamysworld, all products are priced in USD. Payments are possible using any traded currency available on Bellamysworld, knowing that the amount will be automatically converted to USD by Bellamysworld's currency converter based on the rates of the day, and all exchange rate fees will be borne by Buyer. Payments will be free of deduction, exchange and demand to Bellamysworld, upon the payment methods made available to Buyer and detailed hereinafter.

5.4. Bellamysworld shall not be liable to any Buyer/person for any loss, damage incurred or inconvenience suffered in the event Bellamysworld declines to fulfill an order for whatever reason including but not limited to an unforeseen circumstance (e.g. lack of availability, quantity or specification etc.) as the case may be.

Warranty

6.1. Buyer acknowledges that most Products are of an age and condition, and thus may not be in perfect condition.

6.2. As much as Bellamysworld tries to reflect the actual product dimensions, characteristics and price to the best of its knowledge; Bellamysworld is not liable for situations where displayed pictures differ from the actual product.

6.3. The exact color, the age indication and any other description specifications of the Products are excluded from the agreement on characteristics, since there may be variations between the descriptions and photos displayed on the internet and the actual product.

6.4. Bellamysworld expressly excludes all warranties, descriptions, representations or advice rendered as to the Product's fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise supplied, to the fullest extent permitted by law.

6.5. No representation or warranties are made by Bellamysworld as to whether any product is subject to copyright or whether Buyer acquires copyright in any product

Authenticity

7.1. Authenticity shall mean guarantee against counterfeit. No Product shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over-painting)

7.2. If a Product is a copy or replica of a genuine item, Bellamysworld will classify it as a copy.

7.3. Bellamysworld guarantees that the purchased Product is not a forgery made with intention to deceive Buyer as to the creator and the material. The guarantee relates solely to expressly stated information about the creator, and the material of the Product evaluated to the best of our knowledge and according to the technical and scientific knowledge available at the time of purchase.

7.4. Bellamysworld shall not be held liable for the correctness of any statement as to authorship, origin, date, age, attribution, genuineness or provenance of any Product nor for any other errors of description or for any faults or defects in any Product.

7.5. In the event of a dispute as to the authenticity of a purchased Product within one year as of the purchase day, Buyer and Bellamysworld shall submit the matter to arbitration. The arbitrator must be an official art expert in the field of the Product in question. The arbitrator will base his decision on the generally acknowledged technological and scientific standards prevailing in the field at the time when the Product in question was purchased. The arbitrator decision shall be final and binding for both parties.  If the arbitrator decides that the Product was not authentic as to the author or material description, the Product must be returned to Bellamysworld, and Bellamysworld will refund to Buyer the USD counter value of the amount paid for the Product in question, converted at the exchange rates in force at the transaction date.

Insurance

8.1. Bellamysworld insures each purchase during the time it is in transit until it is delivered to Buyer.

8.2. Buyer will be asked to sign a delivery form upon receipt of the parcel, at which point the responsibility for the purchased goods passes on to Buyer.

8.3. By specifying a recipient who is not Buyer in person (for example in case of a gift), evidence of a signature at the mentioned delivery address is evidence of delivery and complete fulfillment by Bellamysworld, and therefore equally transfers the responsibility to the Product's receiver.

Returns

9.1. Bellamysworld makes sure to describe the Products to the best of its knowledge and to report their conditions in the most accurate ways. All Products are sold AS IS and sales are final except for restrained cases detailed herein after where Return and/or Refund are allowed.

9.2. If, despite all efforts, Buyer is not happy with the Product, Buyer can return it to Bellamysworld provided that it reaches Bellamysworld office in the same condition it was originally in, and doesn't fall under the non-returnable Products list (mentioned in the Products description). Important note: It is strongly recommended that Buyer checks the package before signing the shipper's proof of delivery, as the liability is entirely transferred to Buyer once the document is signed.

9.3. To return a Product for any other reason, Buyer shall send Bellamysworld an email within 48 hours of receiving the Product. Buyer must include the reason(s) of returning the Product as well as the Product reference number in the e-mail. On receipt of said notice, customer care will send a confirmation email and the return shipping address of the Product, after which the order must be shipped back to Bellamysworld within seven (7) working days. As a proof of shipping, Buyer must send via email the tracking number of the order by replying to the confirmation e-mail within the previously mentioned delay.

9.4. All Products must be returned in their original condition, with their original packaging, and from the country where the order was delivered to. The return address will depend on the original location of the Product and will be mentioned on the documents of delivery.

9.5. Buyer must use a secure, traceable means when shipping Product back. Bellamysworld advises that Buyer retains proof of sending, in case of a dispute. Bellamysworld also recommends that Buyer insures the return shipment as Buyer is liable for any damage caused to the Product during the shipping back to Bellamysworld's warehouse.

9.6. Buyer covers the shipping fees to return a Product except in the unusual circumstance where the Product was damaged beyond the point of repair or a wrong Product has been shipped to Buyer. (Please refer to paragraphs below for full details).

9.7. Upon receiving the returned Product in its original condition, Bellamysworld will refund the full value of the order minus:  Applicable shipping costs: if any free shipping or shared shipping were applied to the Product during the purchase process.  Customs and duties of the returning country: customs and duties that apply when shipping back to the warehouse where the Product was originally located.  Any payment related fees incurred during the transaction (Bank, Payment Gateways etc.). A detailed list of these fees will be emailed to Buyer once Bellamysworld receives the merchandise and processes the refund.

Damage

10.1. If the content of the package is damaged, Buyer shall not sign the proof of delivery.

10.2. Buyer shall ask the representative to take the package back to the shipper's premises, and send Bellamysworld an email to [email protected] within 48hoursas of delivery date and time to report the incident. An investigation will be launched in order to assess the damages. Further to the investigation report, if the damage incurred was not caused by Buyer, and since almost all Products are unique pieces, compensations will consist of either repair or refund. Cases are handled individually depending on the gravity of the damages. If the Product is deemed irreparable, Buyer's payment will be refunded.

Errors

11.1. In the unusual circumstance where the wrong Product has been shipped to Buyer, the latter will not sign the proof of delivery, and should send Bellamysworld an email to [email protected] within 48hours to report the incident. In such case, Bellamysworld will cover the return shipping fees of the Product and ship back your actual Product within the shortest possible delays.

Limitation of liabilities

12.1. Bellamysworld shall not be liable for any consequential, indirect or special damage, loss or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Bellamysworld's obligations hereunder. In worst case scenario, such liability shall not in any event exceed an amount equivalent to the price of the product(s).

12.2. Both Bellamysworld and the delivery company will not be held responsible for any damages or loss of products after delivery. Buyer shall not use the Product in any manner and/or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the Product. Buyer expressly agrees that Bellamysworld assumes no obligation or liability for any advice or information given with the Products, and Bellamysworld assumes no responsibility for any inaccuracy or misstatement of any such information. Buyer assumes all risks connected with the use and storage of the Product.

12.3. Buyer unreservedly acknowledges and agrees that he/she assumes all risk in connection with the use of this site. Bellamysworld shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the site. Without limitation to the foregoing:

12.4. This site and all information contained herein is provided on a "as is" basis without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non- infringement. To the fullest extent permitted by law, Bellamysworld shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.

12.5. Bellamysworld shall not be liable to Buyer for any financial loss arising out of the refusal, cancellation or withdrawal of any order for any reason.

12.6. No warranty or guarantee (including those imposed by law) applies in respect of the Products supplied by Bellamysworld.

12.7. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law

Miscellaneous

13.1. Photographs and images featured on the Bellamysworld's website are representations of actual products only and variation may apply from time to time. Whilst every care is taken to ensure that product representation and information are as accurate as possible, Bellamysworld is not liable should there be any variation with the actual physical products.

13.2. The rights to the pictures, marks and trademarks in this website belong exclusively to Bellamysworld and cannot be reproduced or published in whole or in part without the prior written permission from Bellamysworld.

13.3. Bellamysworld cannot be held responsible for any inaccuracy or omission. Bellamysworld will attempt its best to fulfill orders placed by Buyers. In the event that an ordered product is not available, Bellamysworld reserves the right not to replace it with a similar Product of equivalent value.

13.4. Prices quoted on Bellamysworld are strictly applicable to this Internet Online Service only and are subject to change without prior notice.

13.5. Buyers are strongly advised to check the Product purchased at the time of acceptance to avoid any possible dispute. All products leaving our distribution centre have been checked for quality.

13.6. Whilst all attempts will be made to ensure Bellamysworld's website access is available all the time, occasionally the Site may undergo repairs, maintenance or the introduction of new services. Bellamysworld will ensure that such interruptions are limited and will not affect Buyer's transactions and interaction with the site.

13.7. After the date of delivery of the products to Buyer, Bellamysworld shall not be liable to carry out any service, maintenance or repair work on any of the Products.

13.8. Neither Bellamysworld nor its employees shall, in any circumstances whatsoever, including negligence of any degree on their part or a breach by Bellamysworld of its obligations under these Terms and Conditions, be liable to Buyer or any other person for any direct/indirect loss, penalty or damage, including loss of profits or consequential, exemplary or incidental losses suffered as a result of these Terms and Conditions or the disposal or use of the Products.

13.9. Buyer agrees that the Bellamysworld technology, information and all documents and notes pertaining thereto remain the exclusive property of Bellamysworld and Buyer will not copy, adapt or use the Bellamysworld's technology or the Bellamysworld information either directly or indirectly other than as set out in these Terms and Conditions.

Breach

14.1. Should Buyer breach in any way any material provision of these Terms and Conditions, Bellamysworld will be entitled to cancel his order. If such breach is repeated, Bellamysworld reserves the right to cancel Buyer's account and ban him from re-registering on its website and can undergo legal and penal measures proportionate to the damage caused.

14.2. In the event that either party is unable to perform any obligation hereby due to any circumstances beyond its control, including but not limited to civil strife or the action, intervention or decree of any government, and such circumstances are not caused by the fault of the party and continue for a period of at least thirty days, Bellamysworld may terminate the order without written notice to Buyer.