Terms of use

These Terms of Use govern every way of using our WiColl platform (www.wicoll.com), (hereinafter referred to as 'the Platform'). By accessing or using the Platform, you agree to comply with and be bound by these Terms of Use. Please read them carefully so you know your rights and obligations when you use the Platform.

Article 1: Applicability of these Terms of Use

WiColl is owned by da Vinci Srls, Via San Vincenzo 2, 16121 Genova, Italy, website: www.davinci.team, email address: info@davinci.team (hereinafter referred to as 'DaVinci', 'us', or 'we'), as described on the Imprint on the page footer of the website www.wicoll.com.

Our Terms of Use form a legally binding agreement (the 'Agreement') between Da Vinci and you. They govern your access to and use of the Platform, including any subpages and subdomains of the website, our mobile, tablet, and other smart device applications, our application program interfaces (collectively, 'Applications'), and all associated services that are offered through our Applications (collectively, our 'Services'). We will refer to our Applications and Services as the Platform.

These Terms of Use apply to You:

If you publish Items on the Platform looking for an Expression of Interest ('Proposal') from auction houses, dealers or collectors ('Seller'), or if you are an auction house, a dealer or a collector interested to submit on the Platform Proposals to Sellers for auction sale or direct purchase of Items ('Proponent'). Any other general terms do not apply to the use of the Platform. If there is conflicting information between the English version of our Terms of Use and the other language versions, the English version prevails. Any (legal) terms and concepts used in these Terms of Use will, however, be interpreted according to Italian law.

Article 2: Your privacy

Protecting your personal information is important to us. In our WiColl Privacy Policy, you can read how we process your personal information. By using the Platform, you agree that we can use your information for the purposes set out in our Privacy Policy.

Sellers appear as anonymous for Proponents, so Proponents do not know the identity of Users publishing the Items, except when the Seller accepts a Proposal: in this case, information on the Seller will be sent only to the Proponent of the accepted Proposal.

Article 3: Scope of our Services

DaVinci offers WiColl, the Platform where you can publish or submit Proposals on Collections of special items ('Items'). We consider everyone who uses the Platform a 'User' ('you'). Users who submit Proposals for Items are called 'Proponents' and Users who publish Items are called 'Sellers'. The scope of our Services is limited in the following ways:

Sellers are responsible for the Items they publish. We have no control over or responsibility for the quality, safety, lawfulness, or correctness of the Items. DaVinci plays only a facilitating and supporting role by offering the Platform and supplementary services. DaVinci is not a party to any Contract of Sale.When a user accepts a Proposal from an auction house, or a dealer, or a collector, the Proponent will contact the Seller and will start the negotiation outside the Platform directly with the Seller. DaVinci is not involved in negotiations, in Contract definition or closing. DaVinci is never a party to any contract of Sale between the Proponent and the Seller. We charge a fee to Sellers and Proponents for use of our Services. We make use of Third-Party Service Providers. The Platform may contain links to third-party websites ('Third-Party Service Providers') or we may make use of the supplementary services of Third-Party Service Providers, such as payment services. Your use of such products, services, applications, or websites will be governed by and subject to the terms and conditions and privacy policies of the relevant Third-Party Service Provider.

Article 4: Your WiColl account

Before being able to use our Services, you'll need to create a WiColl account ('Account'). You can use Emax.bid credentials to access WiColl, if you have them. In principle, anyone may register with WiColl. However, if you are younger than 18 years, you must get permission from your legal guardian(s). Below you can find the rules related to the use of your Account:

Provide accurate information.When creating your Account you must provide complete, truthful information about yourself or your company. It's prohibited to use false information or impersonate another person or company through your Account. You need to keep this information up-to-date at all times. Pick a proper username. If you are able to create a username for your Account, we ask you to pick a username that is not or cannot be considered offensive or vulgar, and does not infringe on the intellectual property rights of third parties or otherwise violate these Terms of Use. Protect your Account.Keep your username and password combination secret at all times. You alone are responsible for any activity related to your Account. We are entitled to assume that only you can sign in using your username and password. Restrictions to your Account. To ensure the Platform is and remains trustworthy and safe, we reserve the right (i) to deny you the ability to create an Account, (ii) to restrict the use of your Account, and (iii) to terminate your right to access your Account. If you violate our Terms of Use, you are no longer allowed to register.If we have limited your access or use of the Platform in line with our Terms of Use, you are not allowed to register a new Account or access and use the Platform through another User's Account.

Article 5: Use of the Platform

Our Services may not be available to Users residing in certain countries. We are entitled to restrict you from creating an Account, and from publishing Items or submitting Proposals on the Platform if you reside in a prohibited country. If you reside in a country that is added to the prohibited country list and you have already created an Account, we will inform you about this and restrict our Services to that relevant Account.

Your WiColl account is your responsibility and you use the Platform at your own risk. The same applies to your use of technical means, such as a computer and an internet connection, when using the Platform.

In using the Platform, you are obliged to comply with all applicable national, European, and international regulations .

You agree not to perform any actions that may put an unreasonable and/or disproportionate strain on the infrastructure of the Platform and/or that may hinder the functionality of the Platform. You agree not to reverse engineer, try to obtain the source code, use viruses, Trojan horses, worms, bots, or other software or technical tools that can damage the Platform, make the Platform inaccessible, or circumvent technical protective measures.

Article 6: Your User Material

When using the Platform, you can upload certain material, such as descriptions of Items, photographs, specifications, references, etc. ('User Material'). The following rules apply for any User Material you upload:

You understand and accept that you are responsible and accountable for all User Material you place on the Platform. You acknowledge and agree that the User Material you upload or place on the Platform: Is not misleading, inappropriate, or false, Is not discriminatory in any way or otherwise offensive, does not call for violence against and/or the harassment of another person or other people and, in our opinion, is not in conflict with public morality or good taste, is not violent, does not contain a link to pornographic material or pornographic websites, and does not promote committing illegal activities, does not consist of chain letters, junk mail, or spam and does not contain links to websites, commercial or otherwise cannot have a negative effect on the reputation or good name of WiColl, DaVinci and our affiliated companies and/or our directors, Is unencumbered, is not in conflict with any laws or regulations or with these Terms of Use, does not infringe on any rights of third parties, and is not otherwise unlawful towards third parties or WiColl or Davinci.

We are entitled to have the User Material of a particular Item translated (including through machine translation) so that Items can also be published in other countries. 

You must highlight in the description of the material that you upload if there is any restriction to export it or if any kind of export certificate is needed.

Article 7: Seller Terms

As a Seller, you can publish your Items in order to receive Proposals from auction houses, dealers and collectors. Make sure you're aware of the following:

We determine the suitability of your Item before publishing it on the Platform. We decide which Items are suitable to be published on the Platform at our sole discretion. We make this decision based on Item characteristics, such as the attractiveness, rareness, possible selling price, and expected demand for the Item. We may refuse Items without stating why.

We require a clear and comprehensive description of your Item. When you publish an Item, you must clearly and comprehensively provide information about the Item. This information must include, but is not limited to, the following materials and information: (i) A correct, complete, and accurate description of the Item, (ii) Information about the condition, classification and provenance of the Item, (iii) One or more clear photographs that accurately represent the current state of the Item.

You are responsible for a correct Item description.

You guarantee that you are entitled and authorised to sell the Item. By publishing an Item, you guarantee that you aren't (i) violating any law or regulation, (ii) infringing on any rights of third parties, including rights from agreement and Intellectual Property Rights, (iii) acting in a way that's fraudulent in general, or (iv) acting in a way that's unlawful and/or fraudulent towards third parties or DaVinci. You also guarantee that the publishing of the Item is a genuine and authentic transaction. More specifically, you guarantee that you are not publishing the Item as part of a fake transaction, enabling the Proponent, yourself, and/or third parties to transfer an amount and launder the money involved.

Accepting the Proposal on WiColl represent only an expression of interest for you and it does not legally bind you with the Proponent.

Article 8: Proponent Terms

As a Proponent (auction house, dealer or collector), you can submit your Proposals on the Items published on the Platform and you acknowledge and agree that:

The Scope of our Services is limited as detailed at the above Art. 3.

Accepting the Proposal on WiColl represent only an expression of strong interest for the Seller and it does not legally bind the Seller with you. When the Seller accepts a Proposal from you, the personal data of the Seller will be forwarded to you for contacting the Seller and starting the negotiation outside the Platform directly with the Seller. You are are required to treat all data of the Seller as strictly confidential and not to pass it on to third parties. You will share with us your own experience with the Seller, in order for us provide you a better service in future. You guarantee that you are entitled and authorised to make the Proposal on the Item. By submitting a Proposal to an Item, you guarantee that you aren't (i) violating any law or regulation, (ii) infringing on any rights of third parties, including rights from agreement and Intellectual Property Rights, (iii) acting in a way that's fraudulent in general, or (iv) acting in a way that's unlawful and/or fraudulent towards third parties or DaVinci. You also guarantee that your Proposal on the Item is a genuine and authentic proposal of transaction. More specifically, you guarantee that you are not enabling the Seller, yourself, and/or third parties to transfer an amount and launder the money involved.

Through WiColl, DaVinci provides a resource where items loaded by Sellers can conveniently be viewed. All the items, and related commentaries displayed on the Platform are not intended as advices on which reliance should be placed. DaVinci disclaims all responsibility and liability arising from any reliance placed on such materials by any Proponent. Notwithstanding the above, the Proponent should not rely on the contents and descriptions displayed on the Platform as being accurate or up to date, but should independently verify all information.

For the avoidance of doubt, DaVinci is not responsible for any errors in information about Items on the Platform. DaVinci pre-filters the Items published at its sole discretion, with the sole aim to ease the search of the Proponent, and DaVinci does not act as a specialist or expert on any related subject matter. DaVinci makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the Proponent has any questions, then they should contact the Seller directly. In particular, it is the Proponent's responsibility to understand the Seller's payment and shipping terms.

DaVinci has no knowledge as to, or responsibility for, the legality of Items. The Proponent must not pre-suppose that all Items are lawfully sold in the relevant jurisdiction. DaVinci does not accept any responsibility to protect Proponent from any illegality arising from their purchase or use of Items.

DaVinci has no knowledge as to, or responsibility for, the safety of Items. The Proponent must not pre-suppose that all Items are risk free and not dangerous to the Proponent. DaVinci does not accept any responsibility to protect Proponent from injury or even death resulting from use of these Items.

Article 9: Termination, suspension, and other measures

Termination by you. You may terminate your Account at any time. We have the right to refuse deletion of your Account if you still need to perform certain obligations (such as payment) towards DaVinci or other Users or if there is a chance any complaints related to recently published Items may still arise.

Termination for convenience by DaVinci. Without limiting our rights specified below, we may terminate your Account if we are legally required to limit our Services to you or if it's no longer in our business interest to provide our Services to you.

Termination for cause by DaVinci. Any violation of these Terms of Use may result in the immediate termination of your Account without any formal requirements (e.g. a notice of default) being necessary.

Suspension of our Services. We are entitled to suspend our Services to you if we have sufficient reason to believe you do not act in accordance with these Terms of Use. To be clear, this means we can suspend your use of any and all Accounts used by you or operated under your instructions.

We may take additional protective measures. In addition to the above, we may take other measures to protect the Platform and other Users from infringing, fraudulent, or otherwise inappropriate behavior. Please consult the applicable Seller Terms and/or Proponent Terms for the additional measures we may take.

Article 10: DaVinci's Intellectual Property Rights

Any and all intellectual property rights, such as copyright, trademark, and database rights of the Platform and our database, including but not limited to the intellectual property rights to the texts, images, design, photos, software, audiovisual material and other material, lie with DaVinci or our licensors. Subject to the conditions in these Terms of Use, we grant you a limited, personal, revocable, non-exclusive, not (sub)licensable, non-transferable right to use the Platform and to view the information in the manner and in the format it is made available via the Platform.

Article 11: Availability of the Platform

DaVinci is authorised, at all times and without prior notice, to make procedural, technical, commercial, or other changes and/or improvements to the Platform. We are also authorised to put the Platform (temporarily) out of operation and/or to limit use of the Platform if, in our opinion, this is necessary (e.g. in the context of reasonably necessary maintenance to the Platform).

Article 12: Warranties and liabilities

We are dedicated to making the Platform the best it can be, but we're not perfect and sometimes things can go wrong. You understand that our Service is provided 'as is' and without any kind of warranty (express or implied).

We do not guarantee that (i) the Platform will be secure or available at any particular time or location, (ii) any defects or errors will be corrected, (iii) the Platform will be free of viruses or other harmful materials, or (iv) the results of using the Platform will meet your expectations.

If, at any time, the Platform is unavailable or any defects or errors occur, we are, at our own discretion, entitled to take any measures we deem appropriate or necessary. These measures include but are not limited to: removing Items published by the Seller on the Platform, cancelling Proposals from the Proponents, Cancelling Approvals from the Seller. When we make decisions around this, we will always take into account the interests of all parties concerned.

What we cannot be held liable for. In so far as is permitted by mandatory law, we accept no liability whatsoever for damages resulting from:

The provision of our Services, including but not limited to damages resulting from or in connection with your use of the Platform or from wrongful acts or otherwise; The conclusion, performance (this includes the delivery of Items), and/or dissolution of a Contract of Sale by a Proponent or Seller; The cancellation of Items, Proposals or Approvals by DaVinci Value estimates of Items from Seller or Proponent. We do not guarantee that these estimates are correct and therefore we cannot be held liable whatsoever in the event that Items turn out to be worth more or less than the estimate Any errors in the text as a result of machine translations User Material (such as photographs and the description of Items) Unlawful use of the Platform Your use of the services of Third Party Service Providers Technical problems or other errors of the Platform

Article 13: Indemnification

To the maximum extent permitted by applicable law, you are liable to fully indemnify us against claims from other Users or third parties and all damages and costs DaVinci suffers or incurs as a result of (i) your failure to perform the Terms of Use, (ii) any improper actions during the use of the Platform, (iii) your breach of any laws, regulations, or third party rights, or (iv) a wrongful act. The obligations for indemnification in this Article also apply to any companies affiliated with DaVinci as well as our management, directors, employees, representatives, and legal successors.

Article 14: Disputes with other Users

We expect Users to resolve any dispute between themselves.

Article 15: Disputes with DaVinci

If you're unhappy with our Services, let us know and we'll try to resolve your issue. In the unfortunate situation we can't find a solution, the following rules will govern any legal dispute between you and DaVinci:

These Terms of Use, the use of the Platform, and any disputes that arise from this are governed by Italian law, unless otherwise stipulated in mandatory law. All disputes that arise between you and DaVinci will be submitted to the competent court in the district of Genoa, unless mandatory law stipulates that the dispute must be submitted to another court.

Article 16: Changing these Terms of Use

We may amend or supplement the Terms of Use at any time by posting the amended Terms of Use on the Platform. If you continue to use the Platform after the Terms of Use have been amended or supplemented, you irrevocably accept the amended or supplemented Terms of Use. If you do not wish to accept the amended or supplemented Terms of Use, you are free to stop using the Platform and delete your Account.

Article 17: Survival

If any provision(s) in these Terms of Use is/are void or invalid in whole or in part for any reason, the User and DaVinci remain bound by the remaining Terms of Use. We will replace the void and/or invalid part (with regard to the specific User or specific situation) by provisions that are valid. These new provisions will have legal consequences that are in line with the invalid provisions as much as possible, based on the contents and object of these Terms of Use.

Article 18: Contact us

For questions about the Platform or these Terms of Use, you can contact us via the following contact information:

DaVinci Srls, Via San Vincenzo, 2, 16121 Genova (Italy), Telephone: +39 375.6253477

You can also send an email via the contact form.

This WiColl Terms of Use has been last updated on 16th July 2021 and replace all previous WiColl Terms of Use.