Terms and Conditions
General Terms And Conditions of Services
Welcome to Kooness.com (the "Website"), operated by U-Art S.r.l. By accessing or using the Website, you agree to comply with and be bound by the following terms and conditions (the "Terms"). If you do not agree to these Terms, you may not use the Website.
U-Art S.r.l. has established Kooness.com as a platform where users can:
- View and explore a curated selection of artworks uploaded by professional vendors;
- Access information and details about the artworks, including descriptions, artist details, and other relevant data;
- Use features such as the preview tool to visualize selected artworks in a room setting of their choice.
Please note that Kooness.com no longer facilitates the purchase, cart functionalities, or display of artwork prices directly on the Website.
1. Subject
These general terms and conditions govern the services offered by U-Art S.r.l., a company with its registered office at Via Cesare Battisti, 49, 46043 Castiglione delle Stiviere (MN), Italy, tax code no. 02439970209, through the Kooness.com website (the “Website”).
We strongly encourage all users of the Website (the “User”) to carefully read these general terms and conditions of service (the “General Terms”). By accessing and using the Website, you agree to be bound by the General Terms, including any notes, legal information, and disclaimers published on the Website.
All information on the Website is available in both Italian and English. Users confirm that they have read and understood the General Terms and all other relevant information before accessing, registering, or using the Website and the services provided by U-Art.
By using the Website, Users affirm that they are acting as individual consumers in accordance with applicable laws and are accessing the Website solely for personal purposes. Additionally, Users confirm they have the legal capacity to access the Website and comply with these General Terms.
The act of registering, accessing, and using the Website constitutes express acceptance of these General Terms.
If you do not agree with these General Terms or any legal notices or disclaimers posted on the Website, we advise you to refrain from using the Website or any of its associated services.
2. Amendments to the General Terms
U-Art S.r.l. reserves the right to amend or modify these General Terms, as well as any notes, legal information, or documents referenced herein, including the Website’s privacy policy (the “Privacy Policy”), at any time, either in whole or in part.
We strongly recommend that Users periodically review these General Terms. While U-Art will take necessary steps to inform Users of any changes, it is the User’s responsibility to stay updated on any amendments or modifications.
All changes to the General Terms will become effective upon their publication on the Website. By continuing to use the Website and its services after such changes are made, Users will be deemed to have accepted the updated General Terms.
If a User does not agree with the changes made to the General Terms, they are advised to discontinue the use of the Website and its services. Registered Users who wish to cancel their account may do so by contacting us at info@kooness.com with the subject line “Profile Cancellation” or by clicking on “Cancel Profile” within the “My Profile” section of the Website.
3. Age Verification
By registering on the Website, the User confirms that they are at least 18 years old and possess the legal capacity to use the services provided.
The User also certifies that all personal information submitted during registration is accurate, complete, and current. The User agrees to update this information promptly if there are any changes. The User is responsible for the accuracy of the information provided at the time of registration.
4. Registration
Access to and use of certain services on the Website are freely available to all Users.
However, to utilize all services offered, Users must register on the Website.
4.1 Registration Procedure
Registration (the “Registration”) requires Users to provide specific personal information, including a valid email address, to create a personal account (the “Profile”). This information allows U-Art to effectively deliver the services.
Once registered, Users (hereinafter referred to as “Registered Users”) can access their Profiles at any time to update or modify the information provided during Registration, including preferences. Registered Users are solely responsible for ensuring the accuracy and timeliness of this information.
If a User does not complete the Registration after providing their email address, U-Art may send a limited number of emails encouraging them to complete the Registration and outlining the services available on the Website. Users can cancel the data provided during the registration process by emailing info@kooness.com with the subject line “Profile Cancellation.”
4.2 Email Address
Users represent and warrant that the email address provided during Registration is valid and that they have regular access to it.
If a Registered User changes their email address, they must update it as soon as possible. U-Art reserves the right to cancel, without prior notice, Profiles associated with email addresses that belong to individuals other than the Registered User or those linked to temporary email accounts. U-Art may also request confirmation of the email address provided.
4.3 Right to Cancel
Registered Users can cancel their Profile at any time by clicking on “Cancel Profile” in the “My Profile” section of the Website or by emailing info@kooness.com with the subject line “Profile Cancellation.”
5. Description of the Services
5.1 Registered Users
The services provided by U-Art through the Website allow Registered Users to:
- View artworks promoted by professional vendors.
- Preview selected artworks in the room where the Registered User wishes to expose it.
- Create a personal space with the following additional features:
- Follow preferred artists or professional vendors and save artworks of interest.
- Share favorite artworks with other Registered Users.
- Leave comments on saved artworks or those shared by other Registered Users.
5.2 Users
Users can access the Website without registering. They are allowed to view the artworks and explore the available information but do not have access to any interactive features
6. Liability
U-Art shall not be held responsible for any incomplete, incorrect, or inaccurate data or information published on the Website, nor for any technical faults or manifest errors.
U-Art is not liable for any information or data obtained independently by the User from the professional vendors who showcase their artworks on the Website.
The interactions and communications between Users and professional vendors are separate from U-Art’s services. Therefore, U-Art cannot be held responsible for any damages, whether direct or indirect, that Users may experience in relation to the artworks, including any issues related to the availability or condition of the artworks.
U-Art will not be liable for any disruption of services provided through the Website caused by malfunctions, breakdowns, delays in internet access, or defects in any reception equipment or communication lines not under U-Art's control. Additionally, U-Art is not responsible for any software or tools used by Users to connect to the Website.
U-Art is not responsible for any content published on third-party links available on the Website (the “Links”). Should Users choose to visit any Links, they do so at their own risk and shall be solely responsible for any damages incurred.
7. User’s Obligations
The User agrees to use the Services solely for personal purposes.
The User shall not use the Website or the Services for any illegal purposes or in a manner inconsistent with these General Terms. The User agrees not to use the Website or Services in a way that may harm or interfere with other Users' ability to access and use the Website and Services.
The User further agrees not to use any software, algorithms, or features that create links to third-party webpages or that require individuals or groups to access third-party webpages.
Registered Users are responsible for protecting their access codes to their Profiles on the Website and must keep them confidential. In the event of loss or unauthorized disclosure of access codes, the User must promptly notify U-Art by sending an email to info@kooness.com. U-Art will not be liable for any damages, costs, or losses incurred by the User due to fraudulent or unauthorized use of their access codes by third parties.
The User undertakes to use the Services in accordance with these General Terms and applicable laws and regulations. Additionally, the User agrees not to violate any third-party rights or use the Services inappropriately (e.g., spamming, uploading illegal content, etc.).
8. Interruption of the Services
If the User breaches their obligations under Article 10 (“User’s Obligations”) or Article 12 (“Intellectual Property Rights”), U-Art reserves the right to cancel the User’s Profile with prior written notice.
Access to the Website may be temporarily interrupted due to technical issues or for maintenance purposes. Whenever possible, U-Art will promptly notify Users of such interruptions.
At any time, U-Art may update, amend, or improve the Website and the Services, including to correct any errors or ensure compliance with applicable laws and regulations.
U-Art retains the right to suspend, in whole or in part, the provision of Services by providing prior notice to Users. In such cases, U-Art will notify Users of the suspension via email and by publishing a notice on the Website.
9. Intellectual Property Rights
U-Art is the exclusive owner of, or has the right to use, all distinctive signs (including trademarks and trade names) published or utilized on the Website.
All texts, comments, works, illustrations, artworks, and images displayed on the Website are protected by copyright and intellectual property rights for the full duration of such protections worldwide. Furthermore, U-Art retains exclusive ownership of all rights, titles, and interests in the Website and its services, including but not limited to content, text, design (including infrastructure), data, know-how, software, and related information (collectively referred to as “U-Art IP”). Users are not permitted to copy, scrape, (hyper-/deep)link to, publish, promote, translate, market, integrate, utilize, combine, or otherwise use, in whole or in part, U-Art IP without prior written consent from U-Art, except as necessary to use the Services.
Any unauthorized use of the Website for purposes other than those permitted will be deemed a breach of the User’s obligations under this Article.
U-Art reserves the right to take legal action against any infringement of its intellectual property rights.
10. Privacy Policy
The information and data provided by the User to access and utilize the Website and its associated services are processed by U-Art in accordance with applicable laws and regulations, as outlined in U-Art’s “Privacy Policy.”
11. Final Provisions
If any term or provision in these General Terms is found to be invalid or unenforceable under applicable laws and regulations, the remaining provisions will continue to be in full effect and scope.
12. Applicable Laws and Disputes
These General Terms are governed by and construed in accordance with Italian law, particularly the Italian Consumer Code (Italian Legislative Decree No. 206 of September 6, 2005) and Italian Legislative Decree No. 70 of April 9, 2003, which addresses specific aspects of e-commerce.
In the event of any disputes arising from or relating to these General Terms between Users who reside or are domiciled outside the European Economic Area or who do not qualify as “consumers” under the Italian Consumer Code, the courts of Milan will have exclusive jurisdiction.