WEBSITE USER TERMS AND CONDITIONS – www.Art2Arts.co.uk
www.Art2Arts.co.uk (the website) is a website venue bringing together Artists and Buyers who buy and sell unique artwork using our Website services (this means that you are not buying anything directly from us, Art2Arts Gallery Limited). These Terms and Conditions incorporate all of the terms and conditions and policies on the website and you agree to them when you register to use the Website and each and every time you view and use the Website. Should you need any help please email info@Art2Arts.co.uk
(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.
(1) Your access to and use of the Website is subject to these Terms and Conditions. By using the Website you will be deemed to have accepted these Terms and Conditions and everything they contain in addition to any applicable terms and conditions and policies on the website. If you do not accept these Terms and Conditions you must immediately stop using the Website.
(2) Where you are using the Website in any way on behalf of another person or on behalf of an organisation you confirm that
(a) You have the legal right to do so and
(b) The other person or organisation specifically confirms that they will take full responsibility for that use.
(3)(a) We reserve the right to update or amend our Terms and Conditions at any time. Such amendments take effect as soon as they appear on the website and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is each User’s responsibility to read the Terms and Conditions each and every time before using the Website.
(b) For the avoidance of any doubt, the terms and conditions which apply to any purchase are those in place at the time that the purchase is made.
3 ACCOUNT, PASSWORD AND SECURITY
(1) Although you can view the website and checkout as a guest Buyer without creating an account, the full use and benefit of using the Website will require you to open an account and complete the registration process by providing certain information and registering a username and password. 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. Each person or organisation may only register once and have one account. Your full use of the Website may only become valid once your registration has been approved by us and we reserve the right to lawfully refuse registration which is exercised using our sole discretion. You are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under your account. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
(2) You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission.
(3) You also specifically confirm that you will:
(a) Notify us immediately of any unauthorised use, including any unauthorised use of your registration/account with the Website or any other known or suspected breach of security and
(b) Use your own reasonable efforts to immediately stop any such misuse.
4 WEBSITE USE
(1) Our Website is a venue, an Online Marketplace bringing 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, Art2Arts Gallery Limited. You must read the applicable separate terms and conditions available on this website:
- Buyers' terms and conditions (which apply when you are considering placing or do place an order for Artwork) and
- Artist’s terms and conditions (which apply when you are an Artist wishing to sell Artwork)
(2) Full use of this Website and its contents will only be for registered Users who are signed in and do not disable cookies. If you are not registered or disable cookies you may be able to view some of the Website but may not be able to fully participate.
(3) Use of the Website is by licence only and you acknowledge and agree that all copyright, trademarks and all other Intellectual Property Rights in all materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors – please see clause 9.
(4) In addition, as a User you agree that you will solely be responsible for your use of the Website and that you will use the Website and anything that is available from it legally and only for the purposes for which they are intended to be used and will not misuse it in any way, and specifically, although not exclusively, you will:
(a) Not reproduce the Website nor any content or part thereof, unless you have our explicit written permission.
(b) Not use any harmful component, including but not limited to, virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(c) Abide by any laws applicable to this Agreement or the operation of it.
(d) Not use in particular any material or content we deem to be harmful, illegal or offensive; cause any infringement of intellectual rights and copyright; or use the services for illegal purposes such as fraud or in any other crime. However, all and any misuse is included.
(5) You confirm that you will not interfere or attempt to interfere with the proper working of the Website, nor any activities conducted on it, nor any part of the content.
(6) You acknowledge that all uploads, whether posted publicly or transmitted privately, are the sole responsibility of the person or organisation from whom such upload content originated.
(7) The main role of the Website is as a venue, an Online Marketplace bringing together Artists and Buyers (you are not buying anything directly from us) and we therefore have no control over any product or services displayed or offered for sale. By using the Website you acknowledge this and agree that you use the Website entirely at your own risk.
(8) You are aware that when you agree to buy and sell using the Website or use third party services (such as payment facilities) that you are entering into a separate agreement with that person or organisation which has nothing to do with us and you must make yourself aware of the terms of any such agreement.
(9)(a) As a venue, we do not check, control & or endorse nor take responsibility for any upload, and cannot guarantee the acceptability, safety, legality, accuracy, integrity or quality of any Artwork and have no liability for it and you specifically acknowledge this.
(b) Any review/feedback is merely the opinion or point of view of another person or organisation. Whilst you may wish to consider any feedback please bear in mind that it
(i) will not form part of any agreement which you may make with another User or third party, unless you explicitly agree to make the recommendations part of your agreement and
(ii) it does not form an endorsement, guarantee or warranty from us, particularly regarding, but not limited to the acceptability, safety, legality, accuracy, integrity or quality of any User or Artwork, and you specifically agree we have no liability in this regard
(10) It is always your sole responsibility to meet all of your obligations to others when using the Website and to comply with any obligations when you buy and sell and enter into an agreement with another Website User.
(11) If you find other Users’ information to be inaccurate, deceptive, or in any way to cause you concern then we encourage you to take this up with the User involved. Although we have no responsibility nor liability in this regard you may also contact us, and we will provide liaison assistance.
(12)(a) Use of any discount and/or gift vouchers, codes, special offers, promotions or other “offers” which may be made available from time to time are subject to availability and only available at our sole discretion and only apply if the Artist (as the seller) agrees and will be subject to all conditions of compliance with such offer. Such offers cannot be exchanged for cash and each offer cannot be used in conjunction with any other offer. The rights to cancel, withdraw or change the Terms and Conditions of any such offer at any time are reserved.
(b) For more information about any offers, please visit the Website
(c) Unless specified otherwise in writing before an order is placed, gift vouchers are available by email and post and are valid for 365 days from the date they are issued.
(13) To the extent that the law allows, all implied warranties, conditions or other terms (whether implied by statute or otherwise) are excluded. Furthermore, you hold us absolutely free of all liability and responsibility for any actions or results or adverse situations created as a direct or indirect result of any specific uploaded data or information shown on the Website.
5 SUPPLY OF WEBSITE AND OTHER ART2ARTS SERVICES
(1) Whilst we will use our reasonable endeavours to supply the Website by ensuring it is available on the internet, we shall not be responsible for any failure to provide the Website or any Art2Arts services, or for any unavailability. The Website is available on an “as is” and “when available” basis. We reserve the right, without any liability, to terminate the Website or alter the Website and its contents without prior notice.
(2) We cannot guarantee that Art2Arts services will be uninterrupted, secure or error-free. Particularly, there are inherent problems in the use of the internet, and we will not be responsible for any interruption, losses or consequences whatsoever, including any tampering or hacking, nor for any browser crashes which may result in data loss whilst using Art2Arts services.
(3) In addition we make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the Website. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any email attachment or document, we send to you.
(4) Artists upload information about their artwork and we rely on this together with any images they upload. We make every effort to ensure that anything displayed on our Website, including any content or any email or information sent to you, such as the “view in a room tool” or “try before you buy”, is displayed as accurately as possible in accordance with the Artist’s upload but we cannot be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we cannot guarantee that this will be accurate or to scale.
(5) We reserve the right to suspend the services where necessary and particularly, but not exclusively, for repair, maintenance or improvement.
(6)(a) Most users may terminate use of the Website without giving us prior notice. However, Artists who wish to cancel their account and use of the website should refer to clause 8 of the Artist's Terms and Conditions
(b) However, you will still be responsible for fulfilling any obligations incurred whilst you were a registered user. This means that you must complete any purchase or fulfil any sale, as applicable to you and must pay any fees due to us, any Artist or any relevant third party.
6 THIRD PARTIES
The Website will include links to third parties, including those who offer payment services. When you click on any links you may be forwarded to websites relating to third parties. We do not recommend, endorse nor have any control or responsibility over the third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreement. You specifically confirm that we cannot be held liable in this regard.
7 UPLOADING ONTO THE WEBSITE, FEEDBACK AND ACCEPTABLE USE
(1) All Users specifically agree and confirm that
(a) You are both expressly and solely liable for anything which you provide to us or upload onto the Website, or which you allow anyone to provide or upload on your behalf and will not abuse any such facility and will never use the Website in any way that could damage, disable, overburden or impair the Website or interfere with any other user’s use or enjoyment of the Website
(b) Any upload or any data, images, information or documents provided to us or uploaded have been checked by you as being accurate in fact and content and that anything uploaded and/or provided to us does not breach any copyright, intellectual property or any rights of any third party, whatsoever in nature, and is not contrary to any law.
(c) You are the sole owner and holder of all rights in anything is provided to us or uploaded to the Website, or that you have the express permission of any other person or organisation who holds any rights whatsoever, to upload and use it in this way.
(d) You therefore specifically agree that we have no liability and furthermore you will indemnify us for any loss relating to any actual or alleged breach of this clause.
(2) Users should only provide or upload data, images, information or documents, and this includes any feedback, which we deem acceptable onto the Website. Acceptable includes, but is not limited to, uploads which are fair, true and accurate and comply with all our policies. Uploads which are misleading, discriminatory or breach any law or other person’s or organisation’s rights are unacceptable. All Users specifically agree that anything they provide or upload (or allow to be provided/uploaded using their account/details), including any feedback, onto the Website, in any form will:
(a) Be honest, accurate, not misleading or false and will not amount to any fraud or misrepresentation and will not impersonate any person or entity for the purpose of misleading others.
(b) Not breach any copyright, intellectual property or the rights of any third party (including disclosing personal and/or confidential information) whatsoever in nature,
(c) Not be, nor possibly be perceived to be, threatening, defamatory, libellous, discriminatory (in any form), malicious, offensive, against public decency, nor abusive, offensive or obscene in either language or content nor incite such behaviour in others.
(d) Not otherwise harass or invade the privacy of any individual or organisation.
(e) Not contain any restricted or ‘password-only access’ page, or hidden pages or images (those not linked to or from another accessible page).
(f) Not be, nor be perceived to be, pornographic.
(g) Not do anything which reflects unfavourably on the goodwill and reputation of any of our Artists or other Users.
(h) Not distribute or disseminate products, material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
(i) Not incite, promote or instruct as to any conduct as described above or which promotes any breach of these Website User Terms and Conditions or any law and which will not in any way be illegal or contrary to any law.
(3) All Users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine any feedback system or sharing of reviews, experiences, opinions, statements, recommendations, and any information.
(4) We do not tolerate unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct, commercial or otherwise, and you confirm that you will not engage in any such activity. URLs are allowed providing the link is relevant, useful and necessary.
(5) (a) (i) All Users agree that anything provided or uploaded onto the Website can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes, by us and, with the exception of images of Artwork, any other person or organisation, without the User’s express permission and that it will not be subject to any copyright unless specifically marked as such by ©. Please also refer to clause 8 following.
(b) However, although the images of Artwork are not available for general use, both we and the Artists who own the image of Artwork on the website provide you with express permission to use the images of the Artwork on social media for promotional purposes, for example, to share an image which you like on Facebook and Twitter.
(6) All Users understand that we reserve the right, where necessary, to inform the appropriate authorities (such as the police) if we deem the contents of any upload to breach any law or, as appropriate, our Terms and Conditions.
(7) We always advise you to retain up to date copy/back-ups of any anything provided or uploaded. It is not our responsibility to retain any back-up or copies and we cannot accept any responsibility whatsoever and will not be liable for any losses, claims or damages which may arise.
(8) All Users specifically agree that we have no liability with respect to this and furthermore you will indemnify us for any loss.
8 UPLOADING ONTO THE WEBSITE - LICENCE TO USE
When you provide or upload anything onto the Website, the original ownership rights remain but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the Website. This Licence will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.
9 OUR INTELLECTUAL PROPERTY
(1)(a) The Website and all the basic content (including text, images, marks or trademarks and logos) with the exception of anything provided to us for upload or uploaded by you onto the Website, is subject to copyright which belongs to us. This means that Users can simply use the Website, but this does not convey to you any rights of ownership, nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any Website User and us.
(b) However, both we and the Artists who own the image of Artwork on the website provide you with express permission to use the images of the Artwork on social media for promotional purposes, for example, to share an image which you like on Facebook and Twitter. However, you cannot, for example, take the image of Artwork on the website and use it on your own website, unless you have express written permission to do this.
(2) Specifically, all Users agree that you will solely be responsible for your use of the Website and without our express agreement in writing specifically for that User, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not, nor will you assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including in any way publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet "links", frame, reverse engineer, to the Website or any part of it, without our express permission in writing, including use of our name and any copyrighted or trademarked content.
(3) We do not claim ownership of anything you provide or upload onto the Website. However, by doing so you are granting us a licence and please refer to Clause 8.
10 PRIVACY & DATA PROTECTION
(1) We are a business registered in England and any personal data we collect will be used and stored in accordance with current Data Protection legislation in England and as the law requires for any individual’s personal data.
You need to be aware of Data protection changes and ensure that your data protection policy and processes takes this into account.
(2) Please specifically refer to
11 LIMITATION OF LIABILITY
(1) To the extent that the law allows, we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, or business interruption, however it arises, including out of negligence relating to or in any way connected to any use (unauthorised or otherwise), purchase or sale of Artwork/products, errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of the Website or these Terms and Conditions.
(2) Time is not of the essence and time limits provided are estimates only. We will incur no liability to you in respect of any failure to complete any Art2Arts services, or any part thereof, by any agreed date.
(3) In the unlikely event that you have any right, claim or action against:
(a) Us, then your claim will be limited to the sum of £150 or the amount you paid for the Artwork, whichever is greater
(b) Any other User or Artist arising from that User’s/ Artist's use of the Website, then you agree to pursue that right, claim or action independently of and without recourse to us. You specifically release us from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website, including any upload provided or submitted, posted or transmitted through the Website.
13 QUERIES, COMPLAINTS, NOTICES
Complaints about the website
(1) If you have any complaint about the website please email info@Art2Arts.co.uk with full details of your complaint.
(2)(a) We aim to acknowledge any complaints and queries within 10 working days.
(b) If any complaint may amount to a breach by us, then you must allow us 30 days to remedy that breach
(c) We are NOT bound by a professional approved code of practice, code of conduct or alternative dispute resolution.
(3) Any formal Notices must be sent by email to info@Art2Arts.co.uk or to the address which appears in clause 1(15) above. We will use the latest email or address which you provided to us. Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day they were sent. Notices sent by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.
Action we take regarding complaints about our Website
(4) We operate on a “notice and takedown” basis regarding Website complaints. If you have any complaints or objections to any Website upload, including any feedback, and/or content whatsoever, or if you believe that anything infringes any right you hold, please contact us immediately by email at info@Art2Arts.co.uk. Once this procedure has been followed, we will use our reasonable endeavours to remove illegal or otherwise improper content within what we deem to be a reasonable time period.
(5) This means that
(a) Without limiting any other remedies, we may terminate, suspend or limit your use/registration/account at our absolute discretion, either with or without notice. This would occur particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to breaches of any of the Terms and Conditions.
(b) We also reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any upload, feedback, experiences, opinions, statements, recommendations, ratings, and information provided by other Users or advertisers or any links to other websites or other information which is made available through the Website, without giving reason and in our absolute discretion.
Other complaints about us
(6) If you have any complaint about us or our Art2Arts Services
(a) Please email info@Art2Arts.co.uk with full details of your complaint.
(b) Clauses 13(1), 13(2) and 13(3) apply to all complaints.
Complaints about any Artist or any Artwork for sale on the website
(7)(a) You are buying directly from the artist – the website services are provided to facilitate this.
(b)(i) If you have a query or complaint about any Artist or anything which is available to buy from the website you can contact the Artist directly using the “contact the artist” form available on the Website.
(ii) For your legal rights about
- consumer cancellation, please see the Buyers Terms and Conditions at clause 7 headed Consumer Cancellation Rights
- problems with your order Buyers Terms and Conditions at clause 8 headed Faults, Problems With Your Order And Returns
(c) However, it is important to us that you are satisfied with your purchase or booking so we are happy to provide assistance to both Buyers and Artists experiencing problems - please provide full written details of the issues by email to info@Art2Arts.co.uk. We will work with you both and help to resolve any issues if we can – please allow us 30 days from the date we receive your complaint.
(d) We, Buyers and Artists agree to work together in good faith to attempt to settle any complaint or dispute.
(8) If we do not act upon any breach immediately, you should not assume that we have waived any rights as to enforceability or to seek redress unless we have expressly stated that in writing.
14 GENERAL TERMS
(1)(a) The rights given or obligations and duties imposed on any User (including Buyers and Artists) cannot be transferred, sold, assigned, delegated, conveyed rented, subcontracted or shared in any way by you and nobody else can benefit but you.
(b) We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract or share all or any part of the rights, duties or obligations and provision of the Website.
(c) Nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between any User and us.
(2) Waiver - Nothing in these Terms and Conditions and no express or implied waiver by us in enforcing any of our rights under any agreement shall prejudice our rights to do so in the future.
(3) Force Majeure - We will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we will be entitled to a reasonable extension of our obligations.
(4) Invalidity and severance - Each clause or any part at all of these Terms and Conditions and Agreement is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions and Agreement.
(5) These Terms and Conditions and Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.