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Buyer Terms and Conditions
www.art2arts.co.uk (the Website) is an Online Marketplace, a venue which enables you to buy unique artwork from Artists, as facilitated by us, Art2Arts Gallery Limited.
At Art2Arts we pride ourselves on delivering the highest standard of Artwork and the highest standard of professionalism, from the moment you choose your piece to the moment it arrives at your door. With this in mind, we advise you to carefully read through our terms and conditions before you place your order. We want to protect your interests, so you keep coming back to us!
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding agreement with Art2Arts (referred to as “we” “our” “us” or “Art2Arts” (referred to as “you” in these Buyer Terms and Conditions).
1 DEFINITIONS
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your ease we have included the definitions within these Buyer Terms and Conditions.
(1) “Art2Arts Services” means the services we supply by providing the Website as an Online Marketplace, allowing Artists to advertise Artwork on the Website, bringing Buyers and Artists together, using the website, and facilitating orders.
(2) “Artist” means any person and/or organisation who displays Artwork for sale on the Website.
(3) “Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy from the Artist using the Website, including Commissions and Made to Order, as described in the individual listing on the Website.
(4) “Buyer” means the person and/or organisation who uses the Website and may buy Artwork.
(5) “Commissions” is Artwork supplied according to the Buyer’s requirements so the Buyer may choose, for example, a subject matter or colour variations, for example, a painting from a photograph. However, the Buyer must bear in mind that Artwork is a personal choice and must be clear if the Buyer has any specific requirements. Unless otherwise agreed, commissions require a non-refundable 50% deposit to be paid in advance with the balance payable once the Buyer has approved the images.
(6) “Consumer” shall have the meaning as in s2(3) of the Consumer Rights Act 2015 and means “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.”
(7) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(8) “Made to Order'” is Artwork which is painted/made for the Buyer based on an original piece of artwork which the Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.
(9) “Mainland UK” includes many final delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.
(10) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.
(11) “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.
(12) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.
(13) “Upload onto the Website” means any submission or post, including any Artist’s information regarding any Artwork for sale, in any format, including any post, content or anything whatsoever which a user uploads or provides to us for upload and subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
(14) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers and Artists.
(15) “We”, “Us”, means the organisation who supplies and owns this Website, Art2Arts Gallery Limited, whose registered office is at 30 Lower Derby Road, Portsmouth, PO2 8EX, a Company Registered in England who company registration number is 07795357. E-mail address info@Art2Arts.co.uk. VAT Registration Number 133118843. We operate a VAT Margin Scheme for Art.
(16) “Website” means the website and all content at www.Art2Arts.co.uk
(17) “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
2 CONDITIONS
(1) These Terms and Conditions (which also include our Website User Terms and Conditions, and our Privacy Policy) apply the use of the Website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.
(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.
(4) Any queries must be in writing to the address stated in Clause 1(15).
3 THE ARTWORK
(1) Responsibility for Sales and Artwork - We are an Online Marketplace, a venue which enables you to buy unique artwork from Artists, using the Website, which is owned and operated by us, Art2Arts Gallery Limited. As an Online Marketplace we bring together Artists and Buyers who buy and sell unique artwork using our Website services which means that you are not buying anything directly from us. These Terms and Conditions incorporate all of the policies on the Website.
(2)(a) Details of the Artwork for sale are displayed on the Website and is provided by Artists who understand that they must comply with the law and provide details about the Artwork, but if you need any other information or you have any queries you can contact the Artist directly using the “contact the artist” form available on the Website or email us before placing your order.
(b) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.
(3)(a)(i) You can place an order for an Artist by following the Website guidance. Artists reserve the right not to accept orders for any reason.
(ii) Once your order has been accepted you will be provided with an Order Confirmation email
(b) Details of the Artwork which we will be supplied to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included. Since you are buying directly from the Artist, the Artist will provide you with your invoice.
(4) If an Artist is unable to supply any Artwork then we will, at our sole discretion, either
(a) Offer an alternative OR
(b) Cancel the order, and you will be provided with a full refund within 14 days of the cancellation date.
(5)(a) Commissions – the Artist will agree a price for a commission, based on your requirements. 50% of the agreed price is payable once an order is placed by you. You will then be sent images for approval. Once you approve an image then you are not able to cancel a Commission.
(b) Made to Order – once Artwork has been completed then you will then be sent images for approval. Although by law you have no right to cancel these orders you are given a 14 day period in which to change your mind and return the Artwork, provided it is returned in its original condition and you return it ensuring that it fully insured until it is delivered to the agreed return address.
(c) You can approve images by contacting the Artist directly using the “contact the artist” form available on the Website or emailing us at info@art2arts.co.uk.
(6) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
4 PRICE AND PAYMENT
(1) (a) You are buying from the Artist who will always supply you directly with your invoice.
(b) Other than International Sales and Commissions and Made to Order, the price of the Artwork, which includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase.
(c) However, if yours in an International Sale (you are buying from an Artist who is located in a country which is either not your country of residence and/or where you want your Artwork to be shipped), you may be responsible for additional charges. Dependant on the International Sale, this could include customs duties and rates of VAT which are different to those in England and Wales. We advise that you clarify this before placing your order by contacting the Artist directly using the “contact the artist” form available on the Website or emailing us at info@art2arts.co.uk.
(c) Please refer to clause 3(5) for Commissions and Made to Order. The price that you will pay will be confirmed in the Order Confirmation and the Artist will supply you with your invoice.
(d) Additional Artwork or services will be subject to additional charges.
(e) Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.
(2)(a) The Price includes standard delivery within Mainland UK. The Artist will provide carrier details in your despatch email.
(b) An additional charge will be made for anything other than standard delivery and for delivery outside Mainland UK and International Sales (see clause 6 following), according to the address, size and weight of the Artwork. This will usually be displayed under the “shipping tab” on the Artwork page or, where it is not displayed you can contact the Artist directly using the “contact the artist” form available on the Website or email us at info@art2arts.co.uk for these charges once you have decided which Artwork you would like to purchase.
(3) Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order – see clause 3(1) of the Website Users Terms.
(4) Artists may be able to agree to reserve Artwork for you, if, for example, you are moving home. If we do agree then it is on the following basis
(a) You must pay a non-refundable 10% deposit to reserve the Artwork
(b) The balance payment (90%) is due within 30 days of the date your deposit is paid
(c) If you do not pay the balance payment when it is due (see clause 4(4)(b) above) then the Artwork will no longer be reserved for you, may be offered for sale to someone else and your deposit will not be refunded.
(5)(a) We are pleased to facilitate purchase of Artwork through the Arts Council England's Own Art interest free loan scheme. Arts Council England advise that this is an “initiative operated by Creative United, a registered trademark of Creative Sector Services”. For more information, from Arts Council England visit http://www.ownart.org.uk/ and also our information at https://www.art2arts.co.uk/own-art-scheme/.
(b) Please be aware that the Own Art is a loan scheme and if you choose to purchase Artwork from an Artist using the scheme then you will also be entering into a separate agreement with the Arts Council England and/or Creative United/Creative Sector Services.
(6) Loyalty points scheme – details of the scheme can be found here: https://www.art2arts.co.uk/loyalty-reward-points. Where you have accumulated sufficient loyalty points you can use these as payment for all or some of the price of the Artwork you purchase.
(7) Once you have placed an order you are responsible for payment you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment. If payment is not received when it is due then Artists, as facilitated by us, reserve the right to charge up to 15% interest for each month (or part thereof) that payment, or any part of it, remains unpaid until full cleared payment is received and are also entitled to recover all reasonable expenses incurred in obtaining payment from you, where any payment or part payment due to us is late.
(8) For International sales see clause 6 following.
5 DELIVERY
(1)(a)(i) Delivery is arranged by the Artist to the address, as provided by you on the Order Confirmation. The Artist will provide information about delivery times when they despatch your Artwork.
(ii) Delivery times are estimates and not guaranteed. For example, our 48-hour delivery service states that the Artwork will be delivered within 2 business days, but this is not a guaranteed service
(b) Free UK shipping can be to an address in Mainland UK. Please contact us and confirm whether the address you wish to use for delivery qualifies for this before placing your order. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK.
(c) Multiple pieces of Artwork may be despatched individually.
(d) Artists may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, select the option you require. However, sometimes these options may be limited because of the type of Artwork or the country you want the Artwork to be shipped to. If you have any queries about shipping please contact the Artist directly using the “contact the artist” form available on the Website.
(e) Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the Artwork that is supplied to you by the Artist is damaged or faulty.
(f) If you have any particular shipping requirements then you must please contact the Artist directly using the “contact the artist” form available on the Website or email us.
(2)(a) Other than for Commissions or Made to Order Artwork, unless the applicable listing or Order Confirmation says otherwise, Artists aim to dispatch Artwork to you within 14 days of the date of accepting your order to comply with the law. If there is going to be a delay the Artist will let you know by email so you can cancel your order or choose another piece of Artwork.
(b) However, despatch and delivery times are only estimates, and neither we, nor the Artists, are responsible for late delivery or unavailability of Artwork.
(c) For Commissions or Made to Order Artwork
(i) the Artist aims to provide you with estimated delivery dates within 7 days of the date of your order and aims to deliver within 30 days of the date of your order.
(ii) if the Artist is unable to deliver within 30 days of the date of your order then they will, at their discretion, either
(i) provide you with a revised delivery date or
(ii) cancel your order and refund payment made by you. Where any payment or part payment is made by loyalty points then these loyalty points are deducted.
(3) If for some reason the Artist is unable to dispatch the exact Artwork you have ordered, then the Artist will either refund the price paid for that item or will email you and offer you an alternative item.
(4)(a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.
(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
(5) Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received – see (6) below.
(6) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please email us at info@art2arts.co.uk.
(7) For International Sales (when you are buying from an Artist who is located in a country which is either not your country of residence and/or where you want your Artwork to be shipped), you may be responsible for additional charges. Please particularly refer to clause 4(1) and clause 6 following.
6 INTERNATIONAL SALES
(1) The Website brings together Buyers and Artists from around the world. This applies if you are buying from an Artist who is located in a country which is either not your country of residence and/or where you want your Artwork to be shipped – we refer to this as international sales.
(2)(a) The price is displayed in British pounds (GBP) and so you will be paying using GBP.
(b) Where the Website displays a currency converter then this is only a guide/estimate because if your own payment method is not GBP (for example, in Euro or US$,) then your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
(c) Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
(3) (a) (i) Since the Website brings together Buyers and Artists from around the world, delivery of Artwork to an international address (one which is located in a different country to the one in which the Artist is based in) is at your own expense and risk and so we always advise that you to check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
(ii) Each Artist has agreed in their Terms and Condition with us to reasonably assist you by properly and fully completing relevant customs forms and declarations and any other relevant processes and/or documents (whether online or otherwise).
(b) (i) Some Artists may be registered for VAT and, will be subject to different rates of VAT. (ii) Where an Artist is registered for VAT, they will charge you VAT.
(iii) Where you are a buyer who is buying for your business, you may be eligible to not pay VAT or reclaim any VAT which you have paid. Each Artist has agreed in their Terms and Condition with us to reasonably assist you with this.
(4)(a) You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
(b) In addition to the actual purchase price of the Artwork, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
(5) This means that Artists will not be responsible for any costs incurred as a result of any delivery of Artwork to you.
(6) With all international sales we also recommend that you
- check the unit of weights and measurements used (for example imperial inches or metric centimetres)
- remember to allow extra time for delivery of your Artwork
- if you have any queries about the Artwork, including VAT, customs or other duties, or shipping and delivery please contact the Artist directly using the details they provide on the Website – they will be happy to deal with any questions you have.
- CONSUMER CANCELLATION RIGHTS
Variations in cancellation rights is an area where are likely to be developments.
You should offer Buyers a standard cancellation form which they can use if they want to cancel.
(1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights. This is an area where you need to watch for developments.
(2)(a)(i) Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Artist (see clause 7(3) and 7(4) following), to obtain a refund. All Artists (sellers) are committed to ensuring that they abide by your rights.
(ii) Please note that these cancellation rights do not apply to any Made to Order Artwork.
(b) If you are unsure as to whether you are purchasing as a Consumer please check this before placing your order. You can contact the Artist directly using the “contact the artist” form available on the Website or email us at info@art2arts.co.uk or by post.
(3)(a) If you would like to return your order, please confirm this in writing by contacting the Artist directly using the “contact the artist” form available on the Website or emailing us at info@art2arts.co.uk within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us and provide you with a Cancellation Form if you would like to use it or we may also wish to assist by arranging collection of the Artwork from you.
(b) However, once you have cancelled in writing, items can be returned to the Artist (see clause 7(4) following) although we do advise you to contact us first, before simply returning an item so that we can help you to return the Artwork. Please also see clause 8(4) following.
(4) Unless it has been agreed otherwise (see clause 7(3) above)
(a) Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to the Artist using the postal address as provided on the invoice unless the Artist has specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending.
(b) Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item to the Artist.
(5) We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label we send to you via email on behalf of the Artist and attach to the parcel.
(6) The law enables sellers (the Artist) to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
(7) Unless you have lost the right to cancel, when you cancel an order for Artwork, we will refund the amount you paid for the Artwork and the standard delivery costs (the cheapest option we provide). So, for example, if you have chosen any express or next day delivery options you will only be reimbursed the amount of our standard delivery costs.
(8)(a) Where you cancel an order for Artwork then we will refund you within 14 days of
- the date we receive the Artwork
- the date you supply us with evidence of having sent the Artwork back to us
whichever is sooner.
(b)(i) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
(ii) Where you have been refunded for an order that is partly or wholly paid for by loyalty points then you will be refunded the amount of loyalty points you used as payment as if they had never been used.
8 FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS
(1)(a) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you contact the Artist directly using the “contact the artist” form available on the Website or email us at info@art2arts.co.uk within 14 days after the day you received the Artwork.
(b) Consumers may have a right to reject some faulty Artwork, but this right is limited to 30 days from the date you purchased the Artwork.
(2) Once you contact us then, on behalf of the Artist, we will then assist you by liaising between Buyers and Artists to deal with any problems.
(3) Depending on the problem with your order we will advise you whether
(a) You should send photos of the damage Artwork and packaging and retain the artwork as you are advised should the courier, Artist (or their representative) wish to inspect it and/or
(b) On behalf of the Artist we will make arrangements for a carrier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am - 7pm OR
(c) Ask you to return the Artwork to us
(d) You should retain the Artwork and all original packaging for 30 days so that it can be inspected
(4) When returning any Artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email and attach it to the parcel.
(5) Within 14 days of receipt of the faulty Artwork we/the Artist will either
(a) repair the Artwork OR
(b) provide a replacement OR
(c) provide a refund, to include any standard delivery charges you paid when you placed your order and your
(5) Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
9 LIMITATION OF LIABILITY AND INDEMNITY
(1) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
(2) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork. Please see clause 11 of the Website Terms.
(4) You will indemnify us against all claims, costs and expenses which we may incur, and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.
