Terms and Conditions Terms and Conditions Terms and Conditions Terms and Conditions
Terms and Conditions

INTRODUCTION

Manoeuvre has developed the website https://manoeuvre.pt/ for cultural and artistic promotion, as well as for the sale of duly certified Original African Artworks.

Anyone wishing to use the Manoeuvre website must adhere to these Terms and Conditions (hereinafter, "Terms"), without reservations or conditions, a declaration of will expressed at the time the User registers on the Manoeuvre Platform https://manoeuvre.pt/.

Purchases of Original Artworks via the Manoeuvre website are governed by these Terms, which must be accepted by the Buyer at the time of each online purchase and/or bid in electronic/online auctions.

The Terms have three Sections (general part; conditions relating to Buyers; and general conditions); the purpose of this division is merely to simplify and facilitate consultation of the articles, which, however, constitute a whole and should always be understood as such.

 

A - GENERAL PART

Article 1 - Corporate name

Manoeuvre is a registered trademark of the company Ideias Dinâmicas - Investimentos Imobiliários, Lda.


Article 2 - Scope and object

The purpose of these Terms is to establish, between the parties, the terms and responsibilities underlying online sales and bidding in online auctions, as well as to provide and outline all the necessary information to Users, Bidders, and Buyers about the ordering, sale, payment, and delivery options for purchases made from Manoeuvre.


Article 3 - Definitions

For the purposes of these terms and conditions, the following terms shall mean:

1. Website: Manoeuvre's website which serves as a centralised point of access to the information available on the Internet;

2. Catalogue: includes all advertising, brochures, price lists and any other type of publication by Manoeuvre;

3. Buyer or Recipient: natural or legal person with legal capacity who intends to acquire movable asset whose sale is promoted through the Manoeuvre platform;

4. Registration: the process by which any natural or legal person can register on the Manoeuvre website and make purchases in accordance with the applicable terms and conditions; registration is a prerequisite for participation;

5. Manoeuvre: a platform where buyers can register to buy and sell products;

6. Service: a set of tools that allow the Parties to register on the Manoeuvre platform, contact, place orders, pay the price of products, and confirm the receipt of products;

7. Expenses: relating to the sale of any lot, relating to Manoeuvre's costs, as per the price list in force, packaging, storage, transport, and insurance relating to the lots, as well as any amount of VAT levied on the Expenses;

8. Forgery: corresponds to an imitation, copy, alteration and/or intentional adulteration, carried out with the deliberate intention of misleading as to authorship, origin, date, age, period, culture, source, or any other essential data, provided there is a divergence from the description in the catalogue, and that such imitation at the time of sale was not in accordance with the description in the catalogue, having a material value lower than what it would have if the description in the catalogue were correct;

9. Electronic or Online Auctions: these are the auctions held on the website https://manoeuvre.pt/;

10. "COMPRAR JÁ"/"BUY NOW" auctions: the Bidder has the option to bid or click on COMPRAR JÁ/BUY NOW and immediately make a purchase at the indicated value, without having to wait for the auction to end, thus ending the auction;

11. Bidder: a previously registered User, whose registration has been validated by Manoeuvre, has been assigned a bidder number, and authorised to bid in Manoeuvre's auctions;

12. Total Amount Owed: the amount corresponding to the Final Bidding Price of a sold lot or the Purchase Price, with all taxes and fees included in the item description, but excluding any additional expenses and charges, namely delivery costs, payable by a Buyer;

13. Bidder Number: the number by which the Bidder must always be identifiable, and which is assigned by Manoeuvre to a user, after validating their registration, enabling them to bid in the auctions held by Manoeuvre;

14. Original Artwork: corresponds, according to Article 54(2) of the Code of Copyright and Related Rights, to any graphic or plastic artwork, such as paintings, collages, drawings, screenprints, engravings, prints, lithographs, sculptures, tapestries, ceramics, glass, and photographs, provided they are made by the author or are copies considered to be original artworks, which must be numbered, signed, or otherwise authorised by the author;

15. Final Bidding Price: price at which a lot was awarded in favour of the corresponding Buyer, within the context of an auction;

16. Purchase Price: the price of the lot / product as determined and advertised by Manoeuvre;

17. Users: individuals of legal age, and legal persons active for tax purposes, whether national or foreign, and/or their duly authorised representatives, registered in a room via the website https://manoeuvre.pt/.

 

Article 4 - Operation of the Manoeuvre Platform

1. Manoeuvre allows Buyers to view and purchase Original Artworks through online purchases and/or bidding in electronic/online auctions.

2. Manoeuvre undertakes to comply with the provisions of Decree-Law no. 24/2014, of 14 February, as amended by Law no. 47/2014, of 28 July, regarding agreements concluded at a distance and agreements concluded outside commercial establishments, which are applicable to them, particularly the provision of pre-contractual information.

3. Manoeuvre undertakes to immediately notify the Recipients of any fact that may compromise the conclusion of the purchase and sale agreement.

 

B - CONDITIONS RELATING TO BUYERS

B.1 REGISTRATION

Article 5 - User Registration

1. Individuals of legal age, and legal persons active for tax purposes, whether national or foreign, and/or their duly authorised representatives may register via the website https://manoeuvre.pt/.


2. The registration must contain the requested information, namely the following:

a) Natural persons: name, address, telephone number, e-mail address, civil identification number, tax identification number, photocopy of the identification document, indication of the desired Bidding Limit, declaration of knowledge and acceptance of these Terms and Conditions;

b) Legal persons: corporate name, registered office, name of the legal representative, telephone number, e-mail address, tax identification number, photocopy of the permanent certificate, indication of the desired Bidding Limit, declaration of knowledge and acceptance of these Terms and Conditions;

c) Representatives: name, address, telephone number, e-mail address, civil identification number, tax identification number, photocopy of the identification document, indication of the desired Bidding Limit, declaration of knowledge and acceptance of these Terms and Conditions.

 

Article 6 - Acceptance of Registrations and Bidders

1. Manoeuvre will conduct a prior assessment of User registrations based on the information provided, their history, commercial and credit policies, and may accept or refuse their registration. This may include a review of the desired Bidding Limit, requesting the payment of a deposit, or the provision of an irrevocable guarantee by a first-rate bank.

2. The assignment of a Bidder Number to the User means that Manoeuvre accepts the Bidder's registration under these terms and conditions, and the Bidder is thereby authorised to bid, subject, however, to the following rights

a) Manoeuvre has the right to disregard any bid from a Bidder who, in previous auctions, has failed to fulfil their obligations towards the auctioneer in a timely manner, including the payment or collection of one or more items;

b) Manoeuvre reserves the right, at the time of registration or at a later time, to ask the Bidder to present the valid original of their identification document, legal representation, or power of attorney;

c) Manoeuvre considers that anyone who applies for registration as a potential buyer is acting on their own behalf, and can only act on behalf of others by submitting a legally valid power of attorney for this purpose, up to two (2) business days before the sale of the item; in the event that the power of attorney is validly contested by the alleged represented party, the alleged representative and bidder will be considered the buyer.

 

B.2 SALE THROUGH ONLINE AUCTION - BIDDING AND PURCHASE

Article 7 - Online auction

The sale through electronic auctions held on the website https://manoeuvre.pt/ is subject to the following rules:

1. Clear and unequivocal disclosure of the date and time of the opening and closing of each electronic auction, at least three days before it begins;

2. In "COMPRAR JÁ"/"BUY NOW" auctions, each electronic auction starts only after the first bid, and the Bidder has the option to bid or click on COMPRAR JÁ/BUY NOW and immediately make a purchase at the indicated value, without having to wait for the auction to end, thus ending the auction;

3. Indication on the respective website of the place and time when the items can be examined, where applicable;

4. Bidding offers, once entered into the system, cannot be withdrawn.

5. Clear and unequivocal disclosure of the result of the electronic auction on the website, indicating the amount for which the items were awarded;

6. Verification of the identity of the participants in the auction through secure authentication methods.


Article 8 - Bids

1. It is up to Manoeuvre to decide, with full discretionary power, the amount by which the bids increase in the bidding for each item.

2. Manoeuvre has the right to reject any bid that does not exceed the previous bid by at least 5% or by any other proportion that Manoeuvre may, at its discretion, determine.

3. In "COMPRAR JÁ"/"BUY NOW" auctions, the "COMPRAR JÁ"/"BUY NOW" amount is automatically increased at each bid by an amount equal to the increase in the respective bid.

4. It is also up to Manoeuvre to decide, at its sole discretion, on any doubt that may arise during the auction, including removing any item from the auction or putting the item back up for sale at the value at which the doubt arose.

5. Only online bids through the website https://manoeuvre.pt/ are accepted.

6. Neither Manoeuvre nor its Auction Technicians can be held responsible for errors or failures outside their control in the execution of online bids.

7. The Bidder accepts that their online bids on the website https://manoeuvre.pt/ are final and cannot be cancelled or revoked by any means, and also accepts these Terms on the first bid by clicking the validation button. Manoeuvre is not responsible for any mistakes or errors that occur in online bidding attributable to the bidder.

8. Manoeuvre reserves the right to restart any online auction or bidding for any lot if it deems it appropriate and reasonable to do so.

9. The maximum bids registered by the Bidders will never be disclosed by Manoeuvre.

10. The maximum bids registered by Bidders are managed by the website https://manoeuvre.pt/, meaning that the value of the lot will be increased automatically, provided that there are other bid(s) or maximum bid(s) placed subsequently.

11. Bidders who place maximum bids will be bidding the base bidding amount (if no bids have yet been placed) or the amount of the next bidding designated in the lot, with the amount of that bid being conditional on other amount(s) of any previously registered maximum bids.

 

Article 9 - Preference and clarification of doubts

1. Manoeuvre considers the Buyer at the Final Bidding Price to be the one who, on their own behalf or represented by a third party empowered to do so, bids and submits the highest bid, without prejudice to the possibility of exercising a preference or option by official entities, in accordance with the applicable legislation.

2. Manoeuvre considers that all Bidders act on their own behalf and will only consider Bidders acting on behalf of others if they have previously submitted their power of attorney upon registration or up to two business days before the sale of the item; If the power of attorney is validly contested by the alleged represented party, the alleged representative and bidder will be considered the buyer.

3. If several online purchase orders or bids of identical value are received for the same item, the one that was registered first on Manoeuvre's online platform https://manoeuvre.pt/ shall prevail.

4. It is up to Manoeuvre to decide, with full discretionary power, any doubts or conflicts that may arise, including removing any item from the auction or putting the item back up for sale, in which case the bidding must restart at the respective base value.

 

Article 10 - No right of free termination

The Buyer in online or in-person auctions acknowledges that, by making a purchase at auction, they do not benefit from the right to freely terminate the agreement provided for in Decree-Law no. 24/2014, of 14 February, amended by Law no. 47/2014, of 28 July, regarding agreements concluded at a distance and agreements concluded outside commercial establishments.

 

B.3 DIRECT ONLINE SALES

Article 11 - Concluding the purchase and sale agreement

1. The Buyer can only make purchases from Manoeuvre after accepting these Terms and Conditions and the Privacy Policy without any restrictions or reservations, and after registering on Manoeuvre's online platform website https://manoeuvre.pt/.

2. The Products are presented on the website with a description that allows the Buyer to understand their essential characteristics and their price.

3. The Buyer selects the Product(s) they wish to purchase.

4. They confirm their choice of Product(s) and acknowledge and accept these Terms by clicking on the validation button.

5. The Buyer pays for the Product(s).

6. The Buyer receives an e-mail confirming acceptance of their order. However, the purchase and sale agreement concluded is subject to the resolutive condition of Product availability.

7. Manoeuvre undertakes to confirm and/or communicate the availability of the Product(s) ordered by the Buyer within 2 (two) business days of receipt of the information as provided for in paragraph 6 above.

8. If the same Product is ordered by several Buyers at the same time, it will be sold to the first Buyer who registers and pays for their order. The orders placed by the other Buyers will be cancelled.

9. If the availability of the order is totally or partially confirmed, the resolutive condition requires Manoeuvre to undertake to make the Products in the order available.

10. If the availability of all or some of the Products ordered by the Buyer is confirmed, said Products are made available for collection.

 

Article 12 - Price

1. The Purchase Price of the Product is determined by Manoeuvre.

2. The price is stated in euros, including all taxes and fees in the description, but excluding any additional expenses and charges, namely delivery costs.

 

Article 13 - Right of free termination

1. In accordance with the legislation in force, the Buyer has a period of 14 (fourteen) days from receipt of the Product(s) ordered to exercise, with Manoeuvre, its right of free termination without payment of compensation and without having to state the reason.

2. If the right of free termination is exercised within the aforementioned period, only the price of the Product(s) purchased will be refunded. The Buyer shall be responsible for the return costs, unless a campaign is in force.

3. The Product(s) must be returned in their original condition and complete (packaging, accessories, instruction manual, etc.) and properly packaged.

4. The Buyer exercises their right of free termination directly with Manoeuvre.

5. Manoeuvre shall refund the Buyer for the returned products as soon as possible and within 30 (thirty) days from the date of exercise of the right of free termination.

 

C - GENERAL CONDITIONS

C.1 PAYMENT AND COLLECTION

Article 14 - Deadline and payment method

1. The Buyer undertakes to pay the Total Amount Owed and to collect the item within ten (10) days of the date of the last auction session or, in the case of a direct online sale, upon confirmation of the availability of all or part of the Products ordered by the Buyer. A deposit of 30% of the value of the order which is not covered by a guarantee may be required at the time of bidding or ordering. Once this ten (10) day period has elapsed, Manoeuvre reserves the right to charge interest at the legal rate for commercial transactions.

2. The Total Amount Owed can be paid using the payment methods available on the platform.

3. The lot(s) will only be made available to the Purchasing Client once there is confirmation that the payment has been received.

 

Article 15 - Transfer of ownership

1. The ownership of the item is only transferred to the Buyer once the Total Amount Owed is paid to Manoeuvre, and once the payment is received, regardless of whether the item is already in the Purchaser's possession.

2. Until the transfer of ownership, as stipulated in the preceding paragraph, the item remains the property of Manoeuvre.

 

Article 16 - Condition for collection

Authorisation for collecting items is contingent upon the payment of the Total Amount Owed.

 

Article 17 - Liability for collection

1. The packaging, handling, collection, and transport of an item is the sole responsibility of the Buyer, and any assistance provided by Manoeuvre, its representatives, employees, or collaborators is considered to be a courtesy, and no liability shall arise from such assistance.

2. Under no circumstances will Manoeuvre be liable for damages to glass, mirrors, frames, and ceramics, regardless of the cause of such damages.

3. The recommendation of a company or individual to carry out these tasks also excludes any liability on the part of Manoeuvre, its representatives, employees or collaborators. Similarly, the recommendation of restoration companies or other companies does not imply, in any way, that Manoeuvre is responsible for the work performed by such companies.

 

Article 18 - Liability after the collection deadline

1. Once the item is collected, or once the period of ten (10) days from the date of the last auction session has elapsed or, in the case of a direct online sale, upon confirmation of the availability of all or part of the items ordered by the Buyer, if the item is not collected by the Buyer, they shall be liable for any loss or damage, including theft or robbery, that may involve the item.

2. Neither Manoeuvre nor its representatives, employees, or collaborators may, from any of the moments referred to in the preceding paragraph, be held liable for losses or damages of any kind, even if caused by negligence or otherwise.

3. The Buyer is also responsible for all expenses related to the removal, storage, and/or insurance of the item, according to the current price list.

 

Article 19 - Manoeuvre's Liability

Without prejudice to the provisions of the preceding article, any loss or damage, including theft or robbery, concerning an item sold and not collected, occurring within the ten (10) days referred to in the preceding articles, only entitles the Buyer to receive an amount equal to the sum paid up to that moment for the item. The Buyer shall not be entitled to any compensation, indemnity, or interest.

 

Article 20 - Consequences of the failure to pay or collect

If a lot/item/product is not fully paid for and collected within the deadlines and conditions set out in these Terms and Conditions, Manoeuvre may, without prejudice to any other rights it may have, take one or more of the following measures:

a) Take legal action against the Buyer in order to be compensated for the damages arising from the breach of contract;

b) Charge late payment interest at the legal rate on the Total Amount Owed until the Total Amount Owed is received;

c) Terminate the agreement relating to the lot or lots sold to the defaulting Buyer, if the Total Amount Owed and/or the collection of the lots are not completed within the additional period of 8 (eight) days expressly granted herein by Manoeuvre as the last opportunity for compliance;

d) Sell the lot in question again or arrange for it to be sold again through auction or direct sale. In this case, the defaulting Buyer must pay Manoeuvre any outstanding amount related to the Total Amount Owed (after deducting any deposit, down payment, and partial payment that may have been made and adding additional costs arising from the respective sale). Any remaining balance shall belong to the defaulting Buyer;

e) Remove, store, and insure the lot or lots at the expense of the defaulting Buyer, with Manoeuvre having the discretion to decide whether they will be stored in its warehouses or at another location it may choose;

f) Withhold the specific lot or another lot sold to the defaulting Buyer in the auction in question or another auction, or through direct sale, and release it only upon payment of the Total Amount Owed;

g) Reject or ignore any bid or order placed by the defaulting Buyer or on their behalf in any subsequent auction or direct sale, or request and obtain a deposit from the defaulting Buyer so that it may accept or consider any bid or order placed in the future;

h) Take any and all measures that, at any time, appear necessary for obtaining the Total Amount Owed from the defaulting Buyer, as well as to reimburse the existing debt through the amount of the price of any item of the defaulting Buyer currently in the possession of Manoeuvre, for any reason whatsoever.

 

Article 21 - Buyer's Liability - Original Artworks

The Buyer is aware of their duties under the terms of the Code of Copyright and Related Rights, and consequently undertakes to:

a) Respect and endeavour to ensure the moral rights of the Artist, such as the Artist's right to claim authorship of the work and to ensure its genuineness and integrity, opposing its destruction, any mutilation, deformation, or other modification, and, in general, any act that distorts it and may affect the Artist's honour and reputation;

b) If the Buyer of an Original Artwork, within the meaning of Article 54 of the Code of Copyright and Related Rights (as amended by Law no. 24/2006, of 30 June), acts professionally and stably in the art market, and subsequently resells it, the net amount to be received includes the amount owed to the Author or, if applicable, to the Author's heirs, as a resale royalty.


C.2 MANOEUVRE'S LIABILITY

Article 22 - Condition and authenticity of the lots

1. Considering that the items sold at auction may, in general, be rather old, and due to their distinctive originality, all items are sold as they are, with defects, imperfections, and possible errors or omissions in the description.

2. Any illustrations or representations in catalogues are for the sole purpose of identifying the items on sale.

3. Buyers accept and are satisfied with the lots as they are prior to the auction sale and will independently judge whether or not the lots correspond to the description that has been provided, which may be publicly amended by Manoeuvre. Potential Buyers are responsible for confirming this personally by examining the items in advance.

4. Neither Manoeuvre nor its representatives, employees, or collaborators shall be held liable for errors relating to the description, genuineness, or authenticity of any lot, except in the case of wilful misconduct.

5. If, by any chance, it is proven that any lot is a forgery, the Buyer may return such lot to Manoeuvre within 5 (five) years from the day of the auction. The lot must be returned in the same condition as it was at the time of the auction, accompanied by a report certified by a recognised and credible entity, detailing the defects and forgeries of the lot, its number, and the date of the auction in which it was purchased.

6. If Manoeuvre considers it to be a Forgery and the Buyer still owns the purchased item, the purchase and sale shall be deemed null and void, and the purchase price shall be refunded.

7. However, the provisions of the preceding paragraphs shall not apply if:

a) The description in the catalogue at the time of sale is in accordance with the general opinion of experts in the field or if the description states that there is a difference of opinion between these experts or authorities;

b) The only method to determine, at the date of the publication of the catalogue, that the item was a Forgery, consisted of unproven scientific procedures and accepted only after the publication of the catalogue or by means of impracticable procedures;

c) The Buyer's rights under this clause are limited to the amount of the price paid, and the Buyer may not claim any loss, damage, or expense incurred.

8. The beneficiary of the scheme provided for in this clause shall be exclusively the original Buyer, i.e. the one who acquires the item from Manoeuvre, identified in the respective invoice, with respect to the item, lot or lots sold.

 

Article 23 - Third-party claims

Manoeuvre shall not be liable to the Buyer for any item that, due to the fault of a third party, becomes the subject of claims or demands by third parties and/or is seized, either temporarily or definitively, by the competent authorities, regardless of the date on which the relevant claim, demand, or seizure was determined or enforced, and regardless of the nature or amount of any damages, losses, or harm that may result for the Buyer. Such claims should be made directly by the Buyer to the third party responsible.

 

Article 24 - Restrictions on transfer, export and similar actions

1. Likewise, Manoeuvre shall not be liable to the Buyer for any item that may be prevented from leaving the country or subjected to any other encumbrance, charge, or restriction, in particular as regards ownership, use, enjoyment, or transferability, including under cultural heritage protection legislation, regardless of the date on which the relevant classification, inventory, or listing took effect, and regardless of the nature or amount of any damages, losses, or harm that may result for the Buyer from such prevention;

2. Similarly, it is the buyer's responsibility to inquire about (and, if necessary, obtain) any (i) licences and other export formalities or restrictions on exports from Portugal to the buyer's intended country of destination.

 

Article 25 - Liability - Platform

1. The online platform https://manoeuvre.pt/ operates, at all stages (including, without limitation, registration, access to accounts by registered users, management of purchase orders and bids, determination of the winning bid, orders, and communication with registered users), in a fully automated manner. Third-Party Platforms also operate at least partially in an automated manner. There may be periods of unavailability on the aforementioned online platform https://manoeuvre.pt/, as well as on Third-Party Platforms, and/or problems and errors in their operation, which may be caused by multiple factors, including, but not limited to, Internet connection problems, overload, viruses and cyber-attacks, and inconsistencies and programming errors - hereinafter referred to as "Platform Operation Issues".

2. In the case of online auctions, Platform Operation Issues on the online platform https://manoeuvre.pt/ may compromise the holding of one or more online auctions or affect, within a specific auction, one or more lots. Similarly, Platform Operation Issues may affect all users, a group of users, or only a specific user, who may, for example, be unable to register, unable to access their account, unable to place a purchase order or bid, place a purchase order or bid that is not taken into account, or not receive certain communications (such as outbid notifications) or receive incorrect communications.

3. In the case of direct online sales, Platform Operation Issues on the online platform https://manoeuvre.pt/ or a Third-Party Platform may cause one or more users to be unable to register, unable to access their account, unable to place orders, unable to receive certain communications (such as availability notifications for the item), or receive incorrect communications.

4. Neither Manoeuvre nor its representatives, employees, or collaborators shall, under any circumstances, be held liable for any Platform Operation Issues.

5. In the event of a Platform Operation Issue on the online platform https://manoeuvre.pt/, Manoeuvre may, but is not obligated to, repeat the affected online auction or re-auction the affected items.

6. Manoeuvre reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any service provided, with or without prior notice and without liability to the User.

7. Manoeuvre may, from time to time, provide enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades, and other modifications.

8. Updates may modify or delete certain features and/or functionalities of the Platform.

9. Manoeuvre has no obligation to (i) provide any Updates or (ii) continue to provide or enable any features and/or functionalities of the Platform.

10. Users agree that all updates or any other modifications will be:

a) Considered as an integral part of the Platform; and

b) Subject to these Terms and Conditions.

11. Any declaration or statement by Manoeuvre in any catalogue with regard to authorship, attribution, genuineness, origin, date, age, provenance, condition, or estimated selling price shall be construed as mere opinion.

12. Any interested party must rely exclusively on their own judgement with regard to the aforementioned matters, and neither Manoeuvre nor its representatives, employees, or collaborators are responsible for the correctness of such judgements.

 

Article 26 - Refusal and termination

1. Manoeuvre may, at its discretion, refuse the admission or presence of any individual, proxy, or legal representative of a legal person on its platform, and may also, at its discretion, refuse any bid, order, split any lot, combine two or more lots, remove any lot from the auction or, in the event of a dispute or doubt, re-auction any lot.

2. The User registration will remain in force until terminated by the User or Manoeuvre at any time and for any reason, or suspended with or without prior notice.

3. The termination of the User's access to the Platform may be immediate, without prior notice from Manoeuvre, if the User fails to comply with any provision of these Terms.

4. The User may also terminate their access by deleting the Platform and all copies thereof from their device or computer.

5. Upon termination of the registration on the Manoeuvre Platform, the User must cease all use of the Platform and delete all copies of Platform content from their device.

6. The cessation of use of the Platform will not limit any of Manoeuvre's rights or remedies, nor the User's obligation to indemnify third parties, representatives, employees, collaborators, partners, or users, arising from the use of the Manoeuvre Platform in breach of these Terms.

 

Article 27 - General Data Protection Regulation

1. Information and personal data relating to Artists, Users, and Buyers are processed by Manoeuvre and, unless otherwise stated, are essential to ensure the management of their accounts, access to the Manoeuvre Platform, compliance with legal obligations, where applicable, and to improve and personalise the services offered to users of the Manoeuvre Platform.

2. The Artists have expressly authorised Manoeuvre to publish their curriculum vitae, as well as to publicly exhibit the Original Artworks, press releases, images, and information related to the Works on display, in order to publicise and promote the exhibition/sale of the Works, in all appropriate media at national and international level (digital, cultural agendas, magazines, newspapers, among others).

3. Under the terms and for the purposes of the GDPR and as per the Privacy Policy to which it is bound, and to which reference is made, Manoeuvre undertakes to process personal data lawfully, with respect for the principle of good faith and with absolute confidentiality, ensuring that the personal data collected are adequate, relevant, and not excessive in relation to the purposes for which they are collected and processed.

4. Manoeuvre will collect and process the personal data of Artists, Users, and Buyers by entering them into an appropriate database for which it shall be responsible.

5. Users of the Manoeuvre Platform undertake to provide and keep their personal data up-to-date and truthful. Personal data relating to the registration form that are found to be incorrect or incomplete shall constitute grounds for the immediate suspension or termination of the User's access to the Manoeuvre Platform.

6. As part of the obligations established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Law no. 58/2019, of 8 August, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Manoeuvre is responsible for providing a set of information regarding the processing of personal data of its Users, as well as ensuring the exercise of the rights provided for in that Regulation; in this regard, you can consult our Privacy Policy HERE to learn how we process your personal data, as well as how you can exercise your rights and associated responsibilities.

 

Article 28 - Intellectual Property - Copyright and Related Rights

1. The Artists have authorised Manoeuvre to publish their curriculum vitae, as well as to publicly exhibit the Original Artworks, press releases, images, and information related to the Works on display, in order to publicise and promote the exhibition/sale of the works, in all appropriate media at national and international level (digital, cultural agendas, magazines, newspapers, among others), and at any time after the sale of the Works.

2. All content and information on the Manoeuvre Platform, including texts, logos, illustrations, images, and videos, are protected under copyright and related rights, as well as intellectual property, for the entire duration of the protection of such rights worldwide.

3. In this regard, and in accordance with the provisions of the Copyright and Related Rights Code, only private use is authorised, without prejudice to different and possibly more restrictive provisions contained in the aforementioned Code.

4. Any reproduction or depiction, in whole or in part, of the Manoeuvre Platform and/or all or part of the elements contained in said Platform is absolutely prohibited.

5. The Buyer grants Manoeuvre the right to use, at any time after the auction, texts, photographs, or illustrations of any kind, relating to any lot they have purchased.

 

Article 29 - Preventing and Combating Money Laundering and Terrorist Financing

1. In accordance with Law no. 83/2017, of 18 August, and Regulation (EU) no. 314/2018, of 25 May, Manoeuvre is subject to compliance with the general AML/CTF obligations. The duty of identification and due diligence (Article 23 et seq. of the Law and Article 5 of the Regulation) is required for establishing business relationships, as well as for conducting occasional transactions of an amount equal to or greater than €10,000, regardless of whether the transaction is carried out through a single operation or multiple operations that appear to be linked.

2. The Buyer undertakes to cooperate under the terms and for the purposes set out in the preceding paragraph.

 

Article 30 - Partial nullity

Should one or more provisions of these Terms be deemed invalid or declared as such by the application of the law or by a final decision of a competent court, the remaining provisions shall remain valid and effective.

 

Article 31 - Dispute resolution - Arbitration

In accordance with the provisions of Law no. 144/2015, of 8 September, we hereby inform you that in the event of a dispute, you may turn to an Alternative Dispute Resolution Entity: Centro de Informação e Arbitragem do Porto, with its head office at Rua Damião de Góis, 31, Loja 6, 4050-225, Porto PORTUGAL, telephone +351 22 550 83 49, Email: cicap@cicap.pt. More information at Portal do Consumidor www.consumidor.pt.

 

Article 32 - Applicable law and jurisdiction

1. These Terms are subject to Portuguese and European legislation.

2. Any dispute relating to its interpretation and execution shall fall under the jurisdiction of the courts of the District of Porto, with express waiver of any other jurisdiction.

 

Article 33 - Communications

Communications from Manoeuvre to Users, Bidders, Buyers, or Sellers shall take place via the Platform, email, telephone, and, if sent by registered mail, they shall be deemed to have been received within 48 hours of being sent.

 

Article 34 - Electronic Complaints

If you wish to make an electronic complaint, you can do so on the Electronic Complaints Book website. As indicated on the Platform, although it is not mandatory, the User may contact Manoeuvre directly to resolve the issue amicably.

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