Terms and Conditions

For the purposes of these terms of use, the user means the person who uses the services offered by the site www.arcadja.com, regardless of whether he is limited to consulting the information therein enter or proceed to use the reserved areas.

The use of the site is governed by these conditions of use, the acceptance of which constitutes an agreement between the user and Arcadja and is provided with the mere fact of browsing the Web pages.

Further rules and conditions may be prepared by Arcadja to regulate registered users as well as the individual services offered on the site: the user must comply with them to use the related services. User registration and the purchase of Arcadja services is reserved for adult users only.

The law applicable to relationships arising from navigation and the use of services is the Italian one, in the light of which these conditions of use must also be interpreted.

The term Arcadja uniquely indicates the company Soluxo.net s.r.l.s. based in Via Cassala 44, 25126 Brescia, Italy.

Arcadja reserves the right to make changes, even substantial ones, to these conditions of use at any time, making the user aware of them by publishing them on the site. Access following the modification implies full acceptance by the user of the new conditions of use.

The text mentions terms adopted in computer language which are assumed to be known and understood by the user who browses the site and uses the services offered to it. In case of registration or purchase of services, the signed contractual conditions may use a larger number of technical terms and at the same time provide, in some cases, the express definition of the same.

In order to access Arcadja’s services it is essential to have a device that has access to the Internet and is equipped with an updated browser.

For security reasons, access to the entire site or part of it may be limited or precluded to obsolete devices or devices that generate abnormal and/or suspicious network traffic.

The user undertakes to use the service exclusively for lawful purposes and allowed by the provisions of the law applicable from time to time, by uses and customs, by these conditions of use, by the rules of diligence and in any case, without infringing any right of third parties, assuming all responsibility in this regard.

The user undertakes not to access the restricted areas if he is not the real and legitimate holder of the access credentials. It also undertakes not to adopt IT techniques aimed at evading and/or forcing authentication systems in order to obtain unauthorized access.

The user who decides to proceed with the registration undertakes to provide truthful, accurate, updated, complete information and to use e-mails to which the user has free and stable access and which is used regularly, essential for the execution of certain services and for sending communications.

The user acknowledges and accepts that it is forbidden to browse the site www.arcadja.com, and the sites connected to it, using proxies, vpn and/or any other technology that may alter and/or limit and/or prevent the recognition of the ’user. Access to the site with two or more (simultaneous) IP addresses per user is prohibited.

Arcadja is not liable in any way for the illegitimate consultation of personal data contained in the reserved area by unauthorized third parties who have become aware of the user’s authentication credentials due to negligence or imprudence or inexperience of the latter.

The user undertakes not to disturb, in any way, the use of the service by other users.

It is forbidden for the user to copy or otherwise learn the contents of the website, in all its parts, for uses other than strictly personal, without prejudice to the provisions on copyright and/or industrial law.

Arcadja undertakes to provide the user with the online usability of the website and the services it offers, as well as the communication tools connected to them, taking care of their implementation compatibly with the current state of evolution of IT tools.

This website is protected by the legislation (Italian and European) in force in Italy on copyright and industrial law.

The user is expressly forbidden to reproduce, permanent or temporary, total or partial, translation, distribution, communication, presentation both on paper and electronic material, not only of the software program that constitutes or allows access to the database, but also of the data published on the website including the organization of the data, the graphics and the layout of the same.

The following are considered trademarks of the company: Arcadja, Arcadja Auctions, Arcadja Auctions Reloaded, MyArcadja.

The use of the aforementioned trademarks is in no way permitted, without the prior written consent of Arcadja.

The user agrees to read the extended privacy policy. The approval of the privacy policy allows Arcadja to process the user’s personal data and allows the user to: a) browse the Arcadja site; b) register account; c) purchase and/or use the services offered by Arcadja.

The user who does not approve Arcadja’s privacy policy must immediately leave the site. Browsing the pages and/or using the services implies the implicit acceptance of the privacy policy.

The user agrees to read the cookies policy.Failure to accept cookies or disable them does not allow correct navigation of the site and some of its areas and/or features may be partially or totally inaccessible.

Arcadja reserves the right, in the event of non-compliance with these conditions, to: deny the user access to its sites; deactivate any service without any warning or limit, suspend, terminate the access of the same to one or more services.

Membership of paid services is allowed only to registered users.

The channels available to customers to access administrative, technical and commercial support are available on the website www.arcadja.com

These terms of use have been drawn up in Italian and translated, through automatic translation software, into English, French, Spanish, German, Portuguese, Russian. In case of discrepancies, interpretation difficulties and/or problems of any kind, the version written in Italian will prevail.

For anything not expressly provided for in these conditions of use, express reference is made to the law.

"Conditions of use": are the set of clauses implicitly approved by users who browse the Arcadja site.

"General conditions": these general conditions which regulate the relationship between the user and the company Soluxo.net s.r.l.s.

"Company or Soluxo or Arcadja": the company Soluxo.net s.r.l.s., in the person of its legal representative pro tempore, based in Brescia (Bs), in via Cassala n. 44 (Italy).

"Trademarks": the following are considered trademarks of the company: Arcadja, Arcadja Auctions, Arcadja Auctions Reloaded, MyArcadja.

"Registered domains": these are the domains registered by Arcadja: arcadja.com, arcadja.it

"User": the definition in the conditions of use is integrated to clarify that all types of users are considered included: "anonymous user"; "registered user"; "subscribed user"; "customer".

"Anonymous user": is the user who did not present access credentials (login) when browsing the Arcadja sites.

"Registered User": any natural person of legal age, entity, association, etc., who has completed the registration procedure on the website www.arcadja.com. The registered user is identified via an Account.

"Authenticated User": is the registered user who has provided valid credentials (login).

"Subscribed User": any registered user who has an active subscription on the website www.arcadja.com; upon expiration of the purchased services (in the absence of any new purchases) the user will return to the status of registered user.

"Customer": any registered user who has purchased products or services on the website www.arcadja.com

"Consumer": natural person who acts for purposes unrelated to any entrepreneurial activity (commercial, artisanal, etc.) or professional activity (constant, systematic, not merely occasional activity) carried out.

"Professional": natural or legal person who acts in the exercise of their entrepreneurial activity (commercial, artisanal, etc.) or professional activity (constant, systematic, not merely occasional activity), or one of their intermediaries.

"Site": website www.arcadja.com owned by Arcadja.

"Subscription": contract with a predetermined duration which allows the user to access pre-established contents and services. Access to content is to be considered on consumption, the information, services and functions activated with the subscription may have limitations.

"Registration": identification procedure of an anonymous user, by entering personal data, in order to obtain an account that can be used on the site.

"Account": set of personal information relating to the user identified by an email address ("username") and a password.

"Customer Service": the set of channels and services made available to the Customer to obtain technical, administrative and commercial assistance. The days and times in which the service is active can be viewed on the website www.arcadja.com

"Capacity": number of requests allowed to the user, in a pre-established period of time, for a specific service and/or function.

"Device": electronic device of the user, such as personal computers, tablets, smartphones, etc., with access to the Internet (provided by Network Operators) and equipped with one or more browsers (e.g. chrome, firefox, edge ).

"Services": the services offered by Arcadja, on the domains registered by it, chosen by the user and usable on only one browser and device at a time.The services purchased (defined by Arcadja in terms of type and period of use) may have a pre-established duration.The complete and updated list of services offered by the company is available on the website www.arcadja.com

"Change of device and browser": Arcadja services can be used by the authenticated user on only one device and only one browser at a time. Simultaneous access by multiple users with the same account is not permitted. To change the device and browser you must exit the system (logout) and re-enter (login) in the new browser and device. Authentication (login) performed on two different browsers, even on the same device (e.g. computer with Firefox and same computer with Edge), is to be considered a change of device or browser.
Authentication (login) performed on two different browsers, even on the same device (e.g. computer with Firefox and same computer with Edge), is to be considered a change of device or browser.

"Functions": these are all the functions accessible to the user, based on their respective enablements.

"Valid email": is an active, non-temporary email address to which the user has free and stable access and which is used to authenticate to the site at least annually.

"Year": it is conventionally agreed that a year has a duration of 360 (three hundred and sixty) days (commercial year).

"Month": it is conventionally agreed that a month has a duration of 30 (thirty) days (commercial month).

"Day": it is conventionally agreed that a day lasts 24 hours.

B-2.1 - The terms of use are an integral part of these general terms and conditions. In case of conflict and/or discrepancy of the contractual clauses, these general conditions will prevail.

B-3.1 - The user who proceeds to register an account undertakes to respect, in addition to the clauses indicated in the conditions of use, the following, additional, preliminary access conditions .

B-3.2 - The user must equip himself, at his own expense and under his own responsibility, with all the equipment (by way of example but not limited to, telephone, data transmission, processing and programs) necessary to access and use the service.Arcadja makes no warranties regarding the compatibility of the equipment and programs (hardware and software) used by the user with the service, as all related checks are the sole responsibility of the user.

B-3.3 - The user also undertakes, even with the possible support of third parties (friends, relatives, consultants, etc.), to set up his mailbox (e-mail) so that he always considers the communications received reliable and not unwanted. from Arcadja.

B-4.1 - Registered users and customers are obliged to comply with Arcadja’s terms of use and general contract conditions. Customers and subscribers will also be subject to the clauses specifically signed when purchasing subscriptions and/or services.

B-4.2 - Any personal data provided by the user will be treated according to the terms and conditions set out in the privacy policy and in any case in compliance with the European Regulation no. 679/2016 and of the Legislative Decree 196/03.

B-4.3 - Some parts of the Arcadja site may present content intended for adults only.The user is therefore required to keep their login credentials in a safe place in order to prevent images and/or texts from being used even by minors.

B-5.1 - The Service offered by Arcadja is provided through IP Broadband technology and mainly consists of the publication of data and results on the sales of works of visual arts, which took place during auctions organized by numerous auction houses around the world.

B-5.2 - The information collected and structured, functions and services are reserved for subscribed users or users of sponsored auctions. Free registration on the site may enable the user, even temporarily, to view partial data and/or use one or more functions/services to which usage restrictions may also be applied. These authorizations are not available to anonymous users.

B-5.3 - The restrictions and/or limitations applied, in a differentiated manner, to the users referred to in this article may be modified at any time by the company and without notice.

B-6.1 - Access, registration and purchase of Arcadja services are permitted for legitimate uses.

B-6.2 - In addition to what is already indicated in the conditions of use regarding registration, the user undertakes to regularly check the information concerning him and to update it if necessary.

B-6.3 - The user acknowledges and accepts that Arcadja, if the information provided by him proves to be untrue, imprecise, obsolete and/or incomplete, has the right to suspend the account and deny use of the services offered.The account will be reactivated as soon as the user has regularized their position.The user accepts that, in case of violations of the law, the conditions of use, these general conditions, as well as any additional contractual conditions signed, Arcadja is authorized to block or remove the account in question.

B-6.4 - The user is responsible for the confidentiality of his/her access credentials and undertakes not to reveal them to third parties. If there are reasons to believe that the account is no longer secure, the user undertakes to promptly notify Arcadja.The access password is for personal use only and can be changed at any time by the user using the tools made available to him.In order to increase the security of the personal account, the user is advised to change his/her access password at least every 6 months, using uppercase and lowercase characters, numbers and special characters to create it.

B-6.5 - The detection of accounts with invalid emails, also carried out by means of automatic tools, will result in their immediate blocking. Arcadja will start the account recovery process only after receiving a valid email address from the user.

B-6.6 - Completion of account registration is reserved for adult users only and subject to approval of the conditions of use, these contractual conditions, including the privacy information and cookie policies, as well as acceptance of the additional documentation , if applicable (e.g. attachments, service information, etc.).

B-6.7 - The registration procedure also includes the request for acceptance of the collection of information useful for the progressive improvement of the service, the available functions and the automatic event reporting systems.

B-6.8 - The user is also entitled to authorize Arcadja to send its own commercial offers and/or newsletters that are not attributable to subscription services or third-party commercial offers and/or newsletters. The personal data acquired by Arcadja are never disclosed. Failure to approve one or both options precludes the user from enjoying the benefits they offer.

B-6.9 - Legal entities, private or public, who require two or more simultaneous accesses to the site must make a number of registrations equal to the number of users they need. The email address entered during individual registrations must be attributable to the person who will use the registered account.

B-6.10 - The user authorizes Arcadja as of now to forward the communications necessary for the functioning of the site, including informative emails related to the world of art as well as exclusive offers, discounts or promotions relating to subscription services, contact details indicated during account registration (email, telephone number, etc.).

B-7.1 - The account registered on the site cannot be transferred to third parties without prior written acceptance by Arcadja.

B-7.2 - The transfer of the account indicated in the preceding paragraph is equivalent to the transfer of the contract and therefore, in case of acceptance by Arcadja (transferred), the contractual relationship established with the subject will continue between the new subscriber user (transferee) and Arcadja owner of the account itself (transferor).

B-7.3 - The account transfer request must be submitted by the transferor by sending an e-mail to helpdesk@arcadja.com
In case of acceptance, the documents to carry out the transfer procedure will be forwarded to the interested parties (transferor and transferee).

B-8.1 - The contract is finalized with the approval of the contractual conditions at the end of the registration procedure.

B-8.2 - The user will be able to use his account unlimitedly provided that he accesses Arcadja, authenticating himself on the site, at least annually. After one year, starting from the last successful authentication, Arcadja will have the right to remove the account or anonymize its data.

B-8.3 - The termination of the contract can occur in the following cases: a) cancellation of the account; b) disuse, abandonment of the account; c) express termination clause; other cases provided for by law.

B-8.4 - The dissolution of the terminated contract exempts Arcadja from the processing and/or storage of the user’s personal data and at the same time authorizes the same to immediately delete and/or anonymize them.

B-9.1 - Membership of subscriptions and/or services is allowed for authenticated users.

B-9.2 - Subscriptions, services and functions accessible for a fee can be purchased on the site. The purchase of each of them is subject to the acceptance of the specific contractual conditions.

B-9.3 - If the payment procedure has not been completed, the order placed by the user will be automatically canceled after 30 (thirty) days from its creation.

B-10.1 - Subscription conditions relating to discounts and promotions as well as deadlines and further useful information, if available, may be: a) published on a page of the site; b) forwarded to the user’s e-mail box; c) viewable by individual users during the purchase of services and/or subscriptions.

B-10.2 - Arcadja reserves the right to modify and/or discontinue offers, discounts and promotions at any time. What has been specified in the previous period is to be considered effective, from the moment of publication, even with regard to those who have not been informed of it.

B-11.1 - The user has the right to access the database exclusively in the manner and for the activities specified in this contract.

B-11.2 - The documentary archives of the Arcadja databases, as well as the software (proprietary code) used to offer the services to users, are the subject of industrial and intellectual property rights belonging to Soluxo and are protected by the laws in force in civil and criminal matters.

B-11.3 - In particular, the user is not permitted to reproduce the data and programs in whole or in part or to allow access or consultation to the public or third parties of the programs, databases and services in any capacity. The user is not authorized to modify, translate, adapt, rework, decompile the programs or create derivative applications.

B-11.4 - Registration grants personal use of the database, regardless of whether the user is a natural or legal person, private or public, and of the services offered by Arcadja. The user can only authenticate on one device and browser at a time.

B-11.5 - To access the data, respectively reserved for authenticated users, the user must use the access credentials (username and password) entered during the registration procedure.

B-11.6 - The user has the right, at any time, to change the e-mail address (account) and/or personal password using specific applications present in his personal area.

B-11.7 - A user already authenticated on a browser and device who re-authenticates will be automatically logged out of the previous browser and device. Arcadja authorizes the authenticated user to make an unlimited number of device and browser transfers at a time as long as he undertakes to: a) browse the site with only one device or browser at a time; b) disconnect your account (logout) at the end of any browsing activity on the site.

B-11.8 - In case of violation of the "user obligations" section of the conditions of use, Arcadja will have the right to immediately block, also through automatic detection systems and without any warning, the account as well as the IP addresses connected to it .

B-12.1 - Authenticated users can save their preferences using site features.

B-12.2 - The "Bookmarks" function allows you to save quick references to Artists, Auctions, Lots and Auction Houses in a special list accessible from the site menu. The number of bookmarks is limited.

B-12.3 - The "Bookmarks" function is reserved for subscribed users only.

B-12.4 - The "like" function allows you to indicate your interest in the catalog lots and the artists present in the database. This function is reserved for subscribed users. However, Arcadja reserves the right to activate it, even for a limited period of time, for registered users.

B-12.5 - Preference indications are retained even if the users who expressed them are eliminated from the system.

B-13.1 - The user acknowledges and accepts that Arcadja may need to suspend the provision of the services offered to allow the execution of extraordinary maintenance activities for its servers , the equipment connected to them as well as the network infrastructure.

B-13.2 - The user acknowledges and accepts that he will not be able to make any request for compensation, indemnity and/or reimbursement against Arcadja for the period of time in which he has not been able to use the services.

B-14.1 - In addition to the hypotheses provided for in these general conditions, Arcadja has the right to suspend and/or interrupt, at any time and without notice, the provision of the service: a) in the event of non-programmable modifications and/or maintenance and/or or foreseeable and technically indispensable; b) in case of failures and malfunctions of machines and software, whether owned by Arcadja or its suppliers, or in case of activity and/or inertia of the latter or due to equipment owned by the user; c) if there are justified reasons of security and/or guarantee of confidentiality; e) in the event of a fault and/or malfunction that involves danger for the network and/or for people.

B-15.1 - Arcadja may carry out any updates or modifications to information, services, products, prices, etc. The changes will take effect from the moment they are published on the site.

B-15.2 - Arcadja guarantees the updating of the data for the entire duration of the subscription. The update constitutes an integral part of the service. The frequency of updates, however, may vary due to various factors, such as the availability of information, technical aspects, procedural issues, etc. Arcadja reserves the right to change the frequency and methods of carrying out update operations at any time.

B-15.3 - The user acknowledges and accepts that updating the data may cause temporary interruption of the service.

B-15.4 - The update occurs frequently, usually during working days and on a daily basis. Updates during national holidays and on office closing days are excluded.

B-16.1 - The channels available to customers to access administrative and/or technical and/or commercial support, and the hours in which the service is active, can be viewed on the website www .arcadja.com

B-17.1 - Arcadja uses various security systems to protect users and itself. Such systems, in some rare cases, could interfere with the normal functioning of the site until the service stops.

B-17.2 - In case of anomalies, the user can contact customer service. The personnel in charge will determine the problem and restore the normal operation of the system and, if deemed necessary, will notify the user of any conduct to take in order not to incur again the anomalies detected.

B-17.3 - The information in the database and its integrity, as well as the personal data collected by users are subjected to archiving procedures (backup) so that they can be restored if they are altered or destroyed.

B-18.1 - The registered user can cancel his account at any time using the appropriate function in "Profile and Management".
The function that allows the cancellation of the account can only be performed after authentication on the website www.arcadja.com.

B-18.2 - Abandoned or disused accounts may be removed or anonymized from the Arcadja archives. Accounts that have been unused (absence of authentication/login) for a period of at least one year or whose email address is no longer usable are considered abandoned/disused.

B-18.3 - The user hereby authorizes Arcadja to delete or anonymize their personal data if the cases indicated above occur.

B-19.1 - All rights related to trademarks, copyrights, databases and other industrial and intellectual property of Arcadja services, as well as the organization, graphics and layout of the site, are property of Soluxo. All rights reserved.

B-19.2 - Soluxo owns and maintains all rights to the content of Arcadja’s services. The use of Arcadja’s trademarks is in no way permitted without the prior written consent of the company.

B-19.3 - The user may use the data exclusively for personal needs and will refrain from any use for commercial purposes.

B-20.1 - The site is updated regularly, however a minimum number of annual and/or monthly and/or daily updates is not guaranteed. Therefore, any liability of the company for failure to update the contents of the Arcadja services should be excluded, even in the event of technical problems, the availability of information, etc.

B-20.2 - Some services offered by Arcadja adopt tools that do not guarantee, by their nature, the certainty of obtaining the expected information (eg. Alert e-mails).Furthermore Arcadja makes use of proprietary algorithms that assign priorities to the information to be found and published. This information management logic could inhibit and/or delay the publication of some data.Therefore, any liability on the part of Arcadja for the partial or total absence of information for which the user had an expectation should be excluded.

B-20.3 - The content published on the site but created by users and/or partners of Arcadja, such as auction houses, museums and art galleries, may contain links to other websites or content of third parties.Arcadja is not responsible for the content, accuracy or opinions expressed on such sites; in particular, it should be noted that these sites are not under the control of Arcadja and that, therefore, they are not examined, modified and/or verified.

B-20.4 - Arcadja is not responsible for third party advertising, published on the site or proposed through the services offered by Arcadja itself.Arcadja also excludes its liability with respect to products and/or services provided by third parties, regardless of whether Arcadja has made possible the initial contact between the user and the service provider.

B-20.5 - Arcadja adopts high security systems of proven effectiveness, however it does not assume responsibility for errors, omissions, interruptions, defects, delays, broken communication lines, thefts, destructions, unauthorized access to the site, alterations of any kind.

B-20.6 - Arcadja is not responsible in case of reduction or lack of service due to technical malfunction of telephone networks, adsl, fiber, mobile data connections (eg 4G), online computer systems, servers or providers, IT material, software, failure of email due to technical problems or traffic clogging on the Internet or any Arcadja service including damage to the user’s devices.

B-20.7 - Arcadja is not liable for the themes, topics, subjects and other represented in the works of the lots at auction. Consequently, the company is not liable for any pecuniary / non-pecuniary damage caused by the display of images, violent, gory content, or any other digital content that may cause disturbance or other reactions.

B-20.8 - All Arcadja contents and services are made available "as they are" and "as available".Arcadja excludes, to the fullest extent permitted by the laws in force, any type of guarantee and/or insurance, including conclusive guarantees of marketability, satisfactory quality, aptitude for a specific purpose and compliance with the intellectual property rights of third parties.

B-20.9 - While striving to continuously offer the highest quality, completeness and accuracy of the data, Arcadja is not responsible for any errors in the data, used by Arcadja to offer its services, caused by users, partners, software, algorithms, or other automatic and/or manual processes used and/or connected to Arcadja’s services.

B-20.10 - Arcadja publishes information relating to works of art that must pass or have been auctioned on the world market. The number of auction houses followed is variable. The criteria for choosing the auction houses to be processed are defined in specific corporate procedures. The works of art taken into consideration are, with rare exceptions, relating to visual arts. Arcadja dissociates itself from the content of the works and from the author’s thought, limiting itself to the publication of the images or the respective information.

B-20.11 - Messages sent over the Internet cannot have the guarantee of complete security, as they can be intercepted, lost, modified or placed in spam. Arcadja declines all responsibility with respect to messages sent to users.

B-20.12 - Arcadja cannot guarantee the absence of interruptions in access to its sites, modifications of the same due to errors or that any information, data, software or any other digital content, accessible through its sites, is free from bugs, viruses, worms, trojans or other dangerous objects. Arcadja adopts suitable measures to ensure that the information transmitted to its sites remain confidential and protected from unauthorized access, but does not guarantee that any unauthorized access to this information is denied.

B-20.13 - Arcadja and its managers, collaborators, employees and service providers are exempt from any action for compensation and/or compensation advanced by users for presumed / losses suffered, damages suffered, expenses incurred (including ancillary and legal costs ), warranty claims, third party claims, etc.The user, in particular, exonerates managers, attorneys, collaborators, employees and service providers with reference to any claim, claim for compensation and/or compensation, payment of expenses (including ancillary and legal ones), legal actions and claims of compensation for direct, indirect or consequential damages, regardless of whether these are known, supposed, revealed or not, and deriving from or in any way connected to Arcadja.

B-20.14 - Arcadja is not responsible for losses, damages, lost profits and any other pecuniary and/or non-pecuniary damage, by the user, for personal and/or entrepreneurial, commercial choices, etc., deriving from the reliance on the information collected through the services offered by Arcadja.

B-20.15 - Arcadja is not responsible for the removal of the account of the subscriber user who made a request for cancellation of the same before the expiry of the subscription contract. The subscriber user acknowledges and accepts that upon the occurrence of this condition it will no longer be possible to trace the information of the removed account including personal data, subscriptions, payments, deadlines, functions and services. Given the above, the possibility of requesting refunds and/or refunds, even partial, of the sums paid for the purchase of Arcadja services is excluded.

B-21.1 - The user agrees to indemnify and hold harmless Arcadja, the branches and their respective agents, representatives, partners, collaborators and employees, from claims for compensation and/or compensation , loss, complaint and expense (including ancillary and legal costs), received from third parties, when such claims are attributable to the user’s behavior (violation of the contractual conditions or improper use of the Arcadja sites and/or its services).

B-22.1 - The addition, modification, derogation and total or partial cancellation of the conditions contained in this contract is permitted only if specifically and expressly approved in writing by Arcadja. Any clauses agreed in failure to comply with the agreed form will result in the nullity of the clauses themselves which will therefore be considered as not affixed.

B-23.1 - Arcadja reserves the right to unilaterally modify these Contractual Conditions at any time.

B-23.2 - The user acknowledges and accepts that the services covered by this contract are characterized by constantly evolving technology and for these reasons Arcadja reserves the right to update the technical and functional characteristics of the services and to vary the conditions of the offer, when this is made necessary by technological evolution, safety reasons, technical, competitive, supply and organizational needs.

B-23.3 - The changes will be published directly on the site. A copy of the previous general conditions will be made available to users, upon request and as a mere courtesy, therefore without burdening Arcadja of any obligation in this sense, in order to allow them to compare the versions and make them fully aware of the changes made.

B-23.4 - Arcadja may also make use of additional tools to make the registered user aware of the changes made (e-mail, sms, etc.).

B-23.5 - Anonymous users and authenticated users who access the site are subject to the contractual conditions that appear to be published upon entering the site.

B-23.6 - Arcadja reserves, at its sole discretion, the right to modify the functionality of its system, as well as to modify its structure. Arcadja cannot be held responsible for any damage, direct or indirect, deriving from the activation and/or interruption of one or more services.

B-23.7 - Having acknowledged the provisions of this article, the user undertakes to regularly check for any changes to these conditions.

B-24.1 - In case of violation of articles B-6.3, B-6.4, B-6.5, B-11 and B-19 of these general conditions, as well as of the individual clauses present in the "User’s obligations" paragraph of referred to in the conditions of use, Arcadja has the right to terminate the stipulated contract by simply notifying the user (even only by electronic communication: e-mail) indicating the reason.

B-24.2 - The obligations assumed by the user to the articles indicated in the previous paragraph are essential in nature, so that by express agreement, the failure by the user of only one of these obligations, even only partially, will determine the termination of contract law pursuant to art. 1456 of the Civil Code, without prejudice to Arcadja’s right to take legal action for compensation for further damage.

B-24.3 - Termination of the contract will not produce retroactive effects on services already performed.

B-25.1 - This contract is governed by Italian law.

B-26.1 - The user expressly accepts the exclusive jurisdiction of the Italian judge for any dispute relating to the interpretation and/or execution and/or application of this contract, agreeing the exclusive jurisdiction of the Bar of Brescia (Bs).

B-27.1 - All information published on the site referred to in these general conditions are considered an integral part of the contract.

B-28.1 - This Contract cancels and replaces any other previous agreement that may have occurred between Arcadja and the user regarding the same object, and constitutes the integral manifestation of the agreements concluded between the parties on this object.

B-28.2 - If a clause of this contract is deemed invalid or unenforceable, it will not in any way affect the validity and applicability of the remaining provisions.

B-28.3 - Arcadja employees, telephone operators, sellers, representatives and collaborators are not authorized to modify these conditions, therefore any declarations made by them in favor of users and/or customers will not be binding.

B-28.4 - Telephone calls made or received by Arcadja support may be recorded for education or quality control purposes. In this case the caller will be informed in advance and his data will be processed in compliance with current legislation.

B-28.5 - Arcadja reserves, in the event of failure to comply with these conditions, the right to: deny the user access to its sites; disable any service without notice; limit, suspend, terminate the user’s access to one or more services and/or features.

B-28.6 - The user may revoke at any time and independently, by accessing their personal profile, the authorization to send commercial offers not attributable to first-party (Arcadja) and third-party subscription services to their contact details . If, for technical or update reasons, or for any other reason, the selection forms mentioned above are not available, the user can contact customer support and obtain the necessary support.

B-28.7 - These contractual conditions were drawn up in Italian and translated, using automatic translation software, into English, German, French, Spanish, Portuguese and Russian. In case of discrepancies, interpretative difficulties and/or problems of any kind, the version written in Italian will prevail.

B-28.8 - For anything not expressly provided for in these general conditions and the conditions of use, express reference is made to the provisions of the law.

C-1.1 - The general terms and conditions of use are an integral part of this agreement. In the event of a conflict between the general conditions or conditions of use and these contractual clauses, the latter will prevail, as a principle of specialty.

C-2.1 - "Right of Withdrawal": right recognized to the customer, as a consumer, pursuant to art. 52 of the Consumer Code, to cease the effects of the contract within 14 (fourteen) days from the activation of the service. The right of withdrawal is excluded in the cases expressly indicated in the art. C-12 of this contract.

C-2.2 - “Year”: it is conventionally agreed that a year has a duration of 360 (three hundred and sixty) days (commercial year).

C-2.3 - “Month”: it is conventionally agreed that a month has a duration of 30 (thirty) days (commercial month).

C-2.4 - “Day”: it is conventionally agreed that a day lasts 24 hours.

C-2.5 - “Accessory services”: these are all those services that require a main service (e.g. a subscription) to be activated.

C-2.6 - “Optional functions”: these are all those functions that must be combined with a service (e.g. a subscription) to be activated.

C-2.7 - "Current subscription": is the current, unique and indivisible subscription obtained by the user by purchasing a subscription and, optionally, other additional subscriptions, even of different durations, while he is still a subscriber. The system combines the periods purchased into a single indivisible subscription with a duration equal to the sum of the individual durations (for example two monthly subscriptions combined into a single and indivisible bimonthly subscription).

C-2.8 - “Subscription extension”: addition of another subscription with the same profile to the current subscription.

C-3.1 - Arcadja intends to regulate the provision of subscription services with the conditions set out in this contract. These services, mainly attributable to the collection, structured organization and publication of results of sales of visual works of art, which took place during auctions organized by various auction houses around the world, have the aim of giving information to customers regarding the economic performance of the art world.

C-3.2 - In particular, subscriptions, in compliance with the expected capacities, allow you to: a) access information on the visual art lots at auction; b) access, where available, the auction results; c) profile artists; d) profile auction houses; e) access the cataloged auction events; f) use all the features of the search engine; g) monitor artists of interest; h) monitor auction houses of interest; i) request statistical reports; l) view works of monitored artists; m) view statistics.

C-3.3 - Commercial offers, prices and further information relating to subscriptions are published on the site and can be modified at any time. Any changes will also be effective for those who have not been informed of them. Users and/or customers who have created a purchase order, before the offer modification, but who have not completed the payment procedure will retain, as required by the general contract conditions, the offer selected at the time for 30 days of the order, after which the order will be cancelled.

C-3.4 - Authenticated users can proceed with the purchase of subscription services.

C-4.1 - The registered user or subscriber can join one of the subscriptions available at the time of the purchase order. The features, capacities and functions offered by the various types of subscriptions are available on the specific information pages of the site. The services and functions associated with the subscription must be considered pay-as-you-go.

C-4.2 - The services and functions associated with subscriptions are usually identical, regardless of their duration, however, in some cases there may be different capacities compared to those relating to the subscribed subscription. These capacities are neither cumulative nor transferable therefore, upon expiry of the contract the services and functions associated with it will be deactivated and any unused capacities will be lost.

C-4.3 - Some subscriptions provide for deferred activation. Activation operations are the responsibility of the customer and must be carried out within one year of purchasing the subscription or within 60 days of the expiry of the last non-deferred subscription purchased. Subscriptions not activated within this period will be considered expired and therefore no longer usable. In the case of another subscription (e.g. 360 days), the purchase of deferred subscriptions is permitted, however it is not possible to activate them. In the event of a current subscription change, the discounted value of previously purchased subscriptions never includes deferred subscriptions.

C-4.4 - The details relating to the available subscriptions, their characteristics (associated services and functions) and their respective capacities can be viewed on the information pages of the site.

C-5.1 - Access to the contents of the Arcadja database, to the respective services and functions, to any additional services and optional functions are subject to the purchase of a subscription.

C-5.2 - The subscription can be purchased by selecting the basic duration of the subscription (e.g. thirty day subscription) and the desired quantity (e.g. two).

C-5.3 - The prices for subscriptions are published on the site and visible in detail during the order procedure. If a quantity of subscriptions exceeding one unit is selected in a single order, a discount may be applied to the purchase. The consumer who requests the withdrawal, within the legal deadlines and in compliance with these contractual conditions, of one or more subscriptions, services and functions connected to them loses the benefit of any discount applied during the purchase phase.

C-5.4 - The customer who decides to place an order before the expiry of his subscription will be able to extend the subscription avoiding service interruptions.

C-5.5 - The extension of the subscription is equivalent to its renewal, therefore, if the customer has associated additional services (excluding one-off ones) or optional functions with it, they will be maintained and added to the purchase price. A special discount may be applied for subscription extensions. There is a maximum number of extensions that can be ordered. The contractual conditions applied to the subscription will be those signed with the last purchase.

C-5.6 - The user can make purchases on the site by credit card, PayPal or bank transfer.

C-5.7 - If the user chooses to use the bank transfer as a means of payment, the subscription will be activated once the sums due have been collected.

C-5.8 - The user, attributable to the figure of the consumer, has the right to immediately activate the subscription as well as any additional services and/or optional functions purchased on the site, expressly waiving the right of withdrawal (see art. 12 of these contractual conditions).

C-5.9 - Payment for subscriptions, services, ancillary services and optional functions is anticipated.

C-5.10 - The user who purchases a subscription, an optional feature or an accessory service, acknowledges and accepts that following the download of the data and/or rendering of the same and/or the transmission of the same: a) no it is more possible to refund what was paid in advance; b) the user can save the data on the equipment for which it is intended.Saving data on a different medium is prohibited, except in the case of transfer to another device/browser, processing or modifying the same, copying, distributing or forwarding it to third parties or allowing third parties to access to said contents.

C-6.1 - At any time, even simultaneously with the request to purchase a subscription, the customer has the right to purchase, if applicable, by means of a specific order form, and advance payment of the relevant price, one or more of the ancillary services and /or optional functions.

C-6.2 - The accessory services and/or optional functions that can be combined with a subscription may be governed by specific contractual conditions, these clauses must be considered an integral part of this contract.

C-6.3 - Some additional services and/or optional functions may only be available for certain types of subscriptions.

C-6.4 - Each subscriber has the possibility to request up to a maximum of 5 (five) statistical reports per day.

C-7.1 - The user, together with the purchase of a subscription, has the right to purchase, by means of a specific order form, and advance payment of the relative price, additional services that they are not included in the purchase of a subscription. These services, unrelated to the subscription, are governed by specific contractual conditions and presented to the user through the respective information.

C-8.1 - Arcadja offers its customers the possibility of selecting a finite number of artists and auction houses in order to receive a notification when one or more works by an artist go up for auction (future) and/or a house auctioneer has published the catalog of a (future) auction. The alert system forwards a message, whenever one of the above events occurs, to the customer’s e-mail address.

C-8.2 - The alert service includes a maximum of 200 (two hundred) selectable artists and 20 (twenty) auction houses.

C-8.3 - Since messages sent by e-mail do not always reach their destination, Arcadja carries out a check on the transmission of e-mails forwarded to users in order to detect any shipping problems. Most complications are resolved automatically, however in some cases technical intervention or customer intervention is necessary.

C-8.4 - Sometimes it happens that the sending of the e-mail fails due to problems in the destination mailbox (e.g. full mailbox, filters, junk mail). In this case the customer will not be able to receive the messages sent by Arcadja until he has resolved the problems relating to his email inbox. Arcadja will report the detected anomaly by opening a message in the browser, after the account has been authenticated (login). The warning message will be displayed again, at each login, until the problem is resolved and the appropriate verification test has been successful.

C-8.5 - If e-mail transmission problems occur, the customer will be able to obtain the same information offered by the alert service by accessing, after logging in, the pages dedicated to the visual arts works in (future) auction relating to the monitored artists and monitored auction house locations.

C-9.1 - The contract is concluded with the payment by the customer of the fee indicated in the order form. It is therefore to be considered valid and effective from the moment Arcadja has collected the sums due from the authenticated user. The payment order, carried out by bank transfer, produces the same effects deriving from the collection of the sums due. The contract will be considered perfected even if at the time of collection there is temporary unavailability of the subscription services, of any ancillary services or of one or more functions.

C-9.2 - Ancillary services and/or features combined with a subscription will expire on the expiry date set for the subscription to which they were associated.

C-9.3 - As the expiry date approaches, Arcadja, as a mere courtesy and therefore without assuming any obligation towards the customer by doing so, will have the right to send expiry notices and of consequent termination of services in the event of failure to purchase a new subscription.

C-9.4 - Before the expiry of the contract the customer has the right to extend the subscription. The customer must accept the contractual conditions in force at the time of creating the order. The conditions signed will fully replace those previously in force between the parties and will produce their effects from the moment the payment procedure has been successfully completed.

C-9.5 - Once the subscription expires, the customer will cease to be a subscriber while remaining registered. The services and functions as well as ancillary services and optional functions will be deactivated. The preferences and various customizations, even if no longer usable, will be retained. All user preferences, data, email alerts and settings will be reset following the purchase of a new subscription. The restoration of personal preferences is always excluded, as provided for by the general contract conditions, in the event of removal of the account.

C-10.1 - Invoicing of purchased services is generally managed by automatic systems. However, in some cases it may be necessary to intervene manually.

C-10.2 - Users who require an invoice to be issued will receive, in compliance with current legislation, the tax document, in PDF format, at the e-mail address indicated during the purchase. The paper document will not be sent.

C-10.3 - Users subject to electronic invoicing will receive the tax document in XML format. If during the purchase phase they have entered the recipient code or certified email (PEC) in the appropriate field, the original of the tax document will be sent to the indicated address. If the user has not completed the field referred to in the preceding period, the tax document will be forwarded only to the revenue agency and to obtain a copy he will have to access the personal area reserved for him on the agency’s website.

C-10.4 - Users not subject to electronic invoicing will receive the tax document in PDF format at the email address indicated during account registration.

C-10.5 - Public or private entities who request an invoice with split payment are obliged to: 1) request the split payment authorization code, during account registration, within the times and in the manner indicated on the site; 2) enter your recipient code when purchasing a service.

C-10.6 - Users who are not subject to the invoicing obligation will receive a courtesy invoice at the email address used to register their account. The electronic invoice will be forwarded to the revenue agency.

C-11.1 - Generally speaking, termination of the contract by the customer is excluded, with the exception of the possibility of withdrawal expressly provided for in the following paragraph 2.

C-11.2 - The Arcadja customer who acts as a Consumer, in compliance with the Consumer Code, has the right to exercise withdrawal, without any penalty, within 14 working days starting from the day of activation of the service, by means of communication from send by email to info@arcadja.com, confirmed by registered letter with return receipt within 48 hours, to be sent to Soluxo.net s.r.l.s via Cassala 44, 25126 Brescia -ITALY-.

C-11.3 - The consumer accepts, pursuant to and for the purposes of art. 59 of the consumer code, that the right to withdraw from an order relating to the purchase of one or more services offered by Arcadja can no longer be exercised after having: selected the appropriate confirmation space for immediate activation of the service (present in the procedure of purchase); payment procedure completed; logged in to the site (authentication/login).

C-11.4 - In any case, the exercise of the right of withdrawal cannot be exercised when the consumer has already started using the subscription or service purchased.

C-12.1 - The user who has placed a purchase order but has not completed the payment procedure has the right to cancel the request at any time. However, it will not be possible to cancel the order if payment has already been made. The user who cancels the order, following the payment order (made by bank transfer), and who requests reimbursement of the sums paid, authorizes Arcadja from now on to withhold all expenses incurred by it to carry out the reimbursement operations . In all other cases, the order will be automatically canceled 30 (thirty) days after its creation.

C-13.1 - The subscribed user who wishes to cancel his account must wait for the subscription to expire. Deleting the account does not allow Arcadja to trace any user information including orders and payments made. However, you may request the cancellation of your account before the subscription expires, expressly waiving requests for reimbursement of the sums paid to Arcadja, by sending an e-mail to helpdesk@arcadja.com.

C-14.1 - In addition to the exclusions of liability set out in the general contract conditions, the following is specified.

C-14.2 - Arcadja cannot be held responsible for the failure to receive emails from the customer if the reception problems are attributable to the latter’s email inbox. It is the customer’s responsibility to resolve problems relating to their email inbox.

C-14.3 - Arcadja cannot be held responsible for losses, damages, lost profits and any other pecuniary and/or non-pecuniary damage deriving from the deactivation of one or more services and/or functions produced by the non-renewal of the subscription.

C-15.1 - Customers who access the site after the contractual changes will be subject to the conditions signed when purchasing the service. These conditions will be valid until the expiration of the purchased services.

C-15.2 - If Arcadja unilaterally modifies the contractual conditions, the customer will be subject to them starting from the update date. In the event that the customer appears to be attributable to the figure of the consumer, and the proposed variations are not referable to the cases referred to in the art. B-23.2 of the general conditions, the modification proposals will be submitted to the customer for their acceptance. The customer, within 30 days of the proposed contractual modification, may communicate his/her dissent by sending an email to: info@arcadja.com. In this case the customer will be able to continue to use the services purchased while maintaining the contractual conditions signed at the time of purchase. In the absence of communications Arcadja, once the deadline referred to in the previous period has elapsed, the new contractual conditions will apply. Once the subscription has expired, the user will be subject to the conditions set out in the art. B-23.5 of the general contract conditions.

C-16.1 - In case of termination of the contract, pursuant to art. B-24 of the general conditions, the customer will be obliged to pay all expenses incurred for the resolution of the same (bank, postal, legal expenses, etc.). These sums will be deducted from the current value of the subscription being terminated. Charges exceeding the discounted value of the terminated subscription will be charged to the customer.

C-17.1 - The pages of the website www.arcadja.com containing the information relating to the subscription profiles and commercial information, as well as all the web pages mentioned in this document must be considered integral part of this contract.

C-18.1 - These contractual conditions have been drawn up in Italian and translated, using automatic translation software, into English, German, French, Spanish, Portuguese and Russian. In case of discrepancies, interpretation difficulties and/or problems of any kind, the version written in Italian will prevail.

C-18.2 - Although not expressly indicated in these contractual conditions, in the general conditions of contract and in the conditions of use, express reference is made to the law.