WiColl is owned by da Vinci Srls, Via San Vincenzo 2, 16121 Genova, Italy, website: www.davinci.team, email address: email@example.com (hereinafter referred to as 'DaVinci', 'us', or 'we'), as described on the Imprint on the page footer of the website www.wicoll.com.
Article 2: Your privacy
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:
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:
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.
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
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
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:
Article 17: Survival
Article 18: Contact us
DaVinci Srls, Via San Vincenzo, 2, 16121 Genova (Italy), Telephone: +39 375.6253477
You can also send an email via the contact form.