terms and conditions
Updated to FEBRUARY 2023
Welcome to nft.courbet.com website (hereinafter the “Website”).
Please read the following terms and conditions of use of the website (hereinafter the “Terms of use”) carefully before using the website.
The Terms of Use govern the access to, and use of, the Website and the services available through the Website (”Services”).
Use of the Website and of the Services implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Clause 13 (below), and acknowledgement of their relevant mandatory nature. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and indicate your acceptance during the registration, or subscription, process. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services.
COURBET reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the “Last Updated” date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and Services.
1. Terms of sale
The Website and its contents are designed, operated and administered by COURBET, The company COURBET, a Société par action simplifiée (simplified form limited company - SAS) under French law with a registered capital of 736,836 € registered in the Paris Registre du Commerce et des Sociétés (Trade and Companies Register – RCS) under number 832805402 having its registered offices at 7, place Vendôme, 75001 Paris and having VAT number FR 22 832 805 402 (hereinafter ”COURBET”, ”we”, ”us”, ”our”).
2. User Age
The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
3. Registration and Subscription to the Services
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
3.4 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, COURBET will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
4. Duration and Termination
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the registration or subscription process.
4.2 These Terms of Use, and any posted revision of these Terms of Use, shall remain in full force and effect for the entire duration of your use of the Website or of the Services.
4.3 You may terminate your registration for, or subscription to, the Website at any time at your sole discretion, without reason, by sending an e-mail to: contact@courbet.com. We will confirm to you the cancellation of your registration or subscription.
4.4 COURBET may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in the event of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. COURBET will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your registration or subscription details will be deactivated.
5. Electronic Services
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
6. Intellectual property rights
6.1 The terms “Website” and “Material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any Material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other Material reproduced and / or made available through this Website (“Material”).
6.2 All Materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of (or licensed to) COURBET. All rights are reserved, worldwide.
6.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of (or licensed to) COURBET. All domain names used on the Website and / or connected to it are owned – or used with permission - by COURBET, which manages them on a worldwide basis.
6.4 This Website is solely for private, personal and non-commercial use, and the Material on this Website is presented for information and/ or promotional purposes only.
6.5 It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the Material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose.If the downloading or the copying should be permitted by COURBET in writing, the user will not obtain any right, title or interest in any Material or software as a result of any such downloading or copying.
6.6 COURBET is fully committed to maintain, enforce and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by COURBET whether in court or out-of-court does not mean acquiescence or tolerance of any violations of these Terms of Use of the Website and / or breach of intellectual property rights of which COURBET has the ownership and / or availability.
7. Submitted material
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to COURBET through this Website or by other means (”Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to COURBET a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
7.2 COURBET is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
7.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
7.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of COURBET to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
7.5 COURBET retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
8. Links to other sites
8.1 This Website may contain links to other websites. COURBET has no control over such websites and will not be responsible or liable for any accessibility of third-party websites or for their content.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by COURBET of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
8.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of COURBET.
9. Exclusion of warranties
9.1 To the maximum extent permitted by law, this website, its contents and services are provided free of charge on an “as is” and “as available” basis. COURBET provides no warranty or guarantee in connection with this website, its content or services, including, by way of example, that it will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), or that it is suitable for any particular purposes, and expressly declines any such warranties.
9.2 COURBET works to ensure that the information made available through the website is accurate and up to date. However, COURBET cannot guarantee the accuracy of such information or that such information is free from errors or omissions and COURBET makes no warranty, and shall have no liability, in respect of the same. COURBET reserves the right to update and/or correct the contents of the website at any time without notice and without any liability.
10. Limitation of liability
10.1 Some countries do not allow all or part of the following limitations or exclusions of liability and, if required by applicable law, the contents of this section may not apply to you.
10.2 As the service is provided free of charge, you are responsible for evaluating the information and content obtained through the website. By using the website you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the website.
10.3 To the maximum extent permitted by applicable law, you also undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages including without limitation direct or indirect damages of any kind, losses or expenses arising or resulting from the use of this website, the services, its contents or related to it, or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.
10.4 It is understood that nothing in these terms of use shall exclude or limit (i) our liability in case of death or personal injury; (ii) our liability in case of fraud, fraudulent misrepresentation or gross negligence; and/or (iii) any other liability that cannot be excluded or limited by applicable law.'
11. Indemnity
If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that is transmitted through the Services causes our liability to a third party.
12. Governing Law
These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Italian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Italian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
13. Privacy
Before uploading or providing any personal data to this Website please read carefully the Privacy Policy, which is available by clicking here.
privacy policy
1. Controller and data protection officer
Responsible for the data processing as controller in terms of data protection law is:
- COURBET
- 7 place Vendôme
- 75001 Paris
- FRANCE
- COURBET
- 7 place Vendôme
- 75001 Paris
- FRANCE
- contact@courbet.com
2. Subject of data protection
The subject of data protection is the protection of personal data. This is all information relating to an identified or identifiable natural person (so-called data subject). This includes information such as name, postal address, e-mail address or phone number, but also other information that may be generated when using the Online Service, in particular information about the beginning, end and extent of use.
3. Purposes and legal basis of data processing
In the following, you will find an overview of the purposes and legal basis of data processing in connection with the Online Service. In any case, we process personal data in accordance with the legal requirements, even if in individual cases a different legal basis should be relevant than that stated below. The provision of personal data by you may be required by law or contract or may be necessary for the conclusion of a contract. We will point it out separately if you are obliged to provide personal data and what possible consequences the non-supply would then have (e.g. a loss of claims or our position not to provide the requested service without providing certain information). The use of individual functions may require prior registration. Even if you use the Online Service without registration, personal data may still be processed.
3.1 Performance of a contract and pre-contractual measures We process your personal data if this is necessary for the performance of a contract to which you are a party or for the implementation of pre-contractual measures taken in response to your request. The data processing is based on Article 6 paragraph 1 letter b) GDPR. The purposes of processing include enabling the use of our specific products and services within the scope of the Online Service. Please also note the details in the Online Service’s Terms and Conditions and in respective documents describing our products and services further to this Privacy Policy. Please note that a purchase may require a KYC/KYT verification and/or check with sanctions lists; such procedures are facilitated via respective service providers acting as processors under our control that you may be directed to; we will use the results as required under the Online Service’s Terms and Conditions; the processing of details pertaining to the smart contract allocating ownership to the NFTs are facilitated and controlled by the Ethereum blockchain network and its providers; the processing of the transaction of cryptocurrency (ETH) and the storage of the allocated NFTs in your digital wallet are facilitated and controlled by your respective service provider; given the particularities of smart contracts, your digital wallet public address will be made publicly visible when you engage in a transaction and certain personal data (including your user name for the Online Service and your digital wallet public address) will be embedded into the purchased NFTs and will be stored for as long as the underlying distributed ledger technology operates.
3.2 Compliance with legal obligations We process your personal data to comply with legal obligations to which we are subject. The data processing is based on Article 6 paragraph 1 letter c) GDPR. These obligations may arise, for example, from commercial, tax, money laundering, financial or criminal law. The purposes of the processing result from the respective legal obligation; as a rule, the processing serves the purpose of complying with state control and information obligations.
3.3 Safeguarding of legitimate interests We also process your personal data to pursue the legitimate interests of ourselves or third parties, unless your rights, which require the protection of your personal data, outweigh these interests. The data processing is based on Article 6 paragraph 1 letter f) GDPR. The processing to safeguard legitimate interests is carried out for the following purposes or to safeguard the following interests. Further development of products, services and support offers as well as other measures to control business transactions and processes; Improvement of product quality, elimination of errors and malfunctions; Handling of non-contractual inquiries and concerns; Ensuring legally compliant actions, prevention of and protection against legal violations (especially criminal offenses), assertion of and defense against legal claims, internal and external compliance measures; Ensuring availability, operation and security of technical systems as well as technical data management; Answering and evaluation of contact requests and feedback. When you call up the Online Service, data relating to your end device and your use of the online offer are processed and might be stored in a so-called log file. This might concern in particular technical data such as date and time of access, duration of the visit, type of terminal device, operating system used, functions used, amount of data sent, IP address and referrer URL. We might process this data to ensure technical operation and to determine and eliminate faults. We also use the data contained in the log file to track and understand the use of the Online Service (number of users, duration of use, use of certain functions, referring websites, etc.). In doing so, we pursue the interest of permanently ensuring technical operability and improving the Online Service. We do not use this data for the purpose of drawing conclusions about your person.
4. Access authorizations in the end device
To the extent functions of the Online Service require the granting of authorization to access your end device (e.g. for push notifications), the granting of these authorizations is voluntary. However, if you wish to use the corresponding functions, you must grant the appropriate authorizations, otherwise you will not be able to use these functions. The permissions remain active as long as you have not reset them in your device by deactivating the respective setting.
5. Cookies and comparable technologies
We use cookies and comparable technologies in connection with the Online Service which serve to communicate with your end device and exchange stored information (hereinafter collectively referred to as "Cookies"). These Cookies are primarily used to make the functions of the Online Service usable. General examples in which the use of Cookies is technically required in this sense are the storage of a language selection, login data or a shopping or watch list. Accordingly, technically required Cookies may be used by us to enable the processing described in section 3.1 and to ensure the proper and secure operation of the Online Service. The data processing is then carried out on the basis of Article 6 paragraph 1 letters b) and f) GDPR, as it is necessary to implement the functions you have selected or to protect our legitimate interest in the functionality of the Online Service.
6. Integrated third-party services
Insofar as we integrate services of other providers within the scope of the Online Service in order to provide you with certain content or functions and we process personal data in the process, this is done on the basis of Article 6 paragraph 1 letters b) and f) GDPR. This is because the data processing is then necessary to implement the functions you have selected or to protect our legitimate interest in an optimal range of func-tions of the Online Service. Insofar as Cookies may be used within the scope of these third-party services, the statements under Section 5 apply. Please also refer to the privacy policy of the respective third-party provider with regard to the third-party services. Services of other providers which we integrate or to which we refer are provided by the respective third parties. We have no influence on the content and function of the third-party services and are generally not responsible for the processing of your personal data by their providers, unless the third-party services are completely designed on our behalf and then integrated by us on our own responsibility. Insofar as the inte-gration of a third-party service results in us establishing joint processes with its provider, we will define with this provider in an agreement on joint controllership pursuant to Article 26 GDPR how the respective tasks and responsibilities in the processing of personal data are structured and who fulfills which data protection obligations.
7. Sources and categories of data in case of third party collection
We may process personal data that we receive from third parties. Below you will find an overview of the corresponding sources and the categories of data obtained from these sources. COURBET: Information on your details as a COURBET customer; Third-party cooperation partners: Information on your participation and requested events/functionalities (to the extent respective events/functionalities under cooperation are offered); Service providers required to execute the processing described in Section 3: Information on the results of the KYC/KYT and sanctions list procedures, and information pertaining to the cryptocurrency transac-tions in the course of purchases.
8. Recipients of personal data
Within our company, only persons who need your personal data for the respective purposes have access to it. Your personal data will only be passed on to external recipients if we have legal permission to do so or have your consent.
9. Data processing in third countries
If a data transfer takes place to entities whose registered office or place of data processing is not located in a member state of the European Union, another state party to the Agreement on the European Economic Area or a state for which an adequate level of data protection has been determined by a decision of the European Commission, we will ensure prior to the transfer that either the data transfer is covered by a statutory permit, that guarantees for an adequate level of data protection with regard to the data transfer are in place (e.g., through the agreement of contractual warranties, officially recognized regulations or binding internal data protection regulations at the recipient), or that you have given your consent to the data transfer. If the data is transferred on the basis of Articles 46, 47 or 49 paragraph 1, subparagraph 2 GDPR, you can obtain from us a copy or reference to the availability of the guarantees for an adequate level of data protec-tion in relation to the data transfer. Please use the information provided under Section 1.
10. Storage duration, erasure of data
We store your personal data, if there is legal permission to do so, only as long as necessary to achieve the intended purposes or as long as you have not revoked your consent. In the event of an objection to processing, we will delete your personal data, unless further processing is still permitted by law. We will also delete your personal data if we are obliged to do so for other legal reasons. Applying these general principles, we will usually delete your personal data immediately after the legal permission has ceased to apply and provided that no other legal basis (e.g. commercial and tax law retention periods) intervenes. If the latter applies, we will delete the data after the other legal basis has ceased to apply; If your personal data is no longer required for the purposes we pursue and no other legal basis (e.g. commercial and tax law retention periods) intervenes. If the latter is the case, we will delete the data after the other legal basis has ceased to apply.
11. Rights of data subjects
Right to access: You have the right to receive information about your personal data stored by us. Right to rectification and erasure: You can demand that we correct incorrect data and, if the legal requirements are met, delete your data. Restriction of processing: You can demand that we restrict the processing of your data, provided that the legal requirements are met. Data portability: If you have provided us with data on the basis of a contract or consent, you may, if the legal requirements are met, demand that the data you have provided us with are handed over in a structured, common and machine-readable format or that we transfer it to another controller. Objection: You have the right to object at any time to data processing by us based on the safeguarding of legitimate interests for reasons arising from your particular situation. If you make use of your right to object, we will stop processing the data unless we can prove compelling reasons for further processing worthy of protection which outweigh your rights and interests. Objection to direct marketing: If we process your personal data for the purpose of direct marketing, you have the right to object to our processing of your data for this purpose at any time. If you exercise your right to object, we will stop processing your data for this purpose. Revocation of consent: If you have given us your consent to process your personal data, you can revoke it at any time with effect for the future. The legality of the processing of your data until revocation remains unaffected. Right to lodge a complaint with a supervisory authority: You can also lodge a complaint with the competent supervisory authority if you believe that the processing of your data violates applicable law. You can contact the supervisory authority responsible for your place of residence or your country or the supervisory authority responsible for us. Your contact with us and the exercise of your rights: Furthermore, you can contact us free of charge if you have questions regarding the processing of your personal data and your rights as a data subject. Please contact us using the information under Section 1. Please make sure that we can definitely identify you. If you revoke your consent, you can alternatively choose the contact method that you used when you gave your consent.
12. Effective date
The latest version of this Privacy Policy applies. This version dates from February 14, 2023.