Welcome to the User Agreement for ARTAID Online. The services available at http://www.artaidonline.com are provided by ARTAID Online. Registered at 75 York Mansions, Prince of Wales Drive, London, SW11 4BW. (NB. This is not the postal address). The mail address is 12 Horstmann Close, BATH, AVON, BA1 3NX, ENGLAND
This Agreement describes the terms and conditions applicable to your use of our services at http://www.artaidonline.com . If you do not agree to be bound by this Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of or buy via ARTAID Online. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as an ARTAID Online user, especially Frequently asked Questions (FAQ); where a description of our service, aims and procedures can be found in a ‘question answer’ format. Acceptance of this agreement also is an acceptance that you understand our service and procedures. Please note: underlined words and phrases are click-through links to these pages and websites.
We may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement on our site. Any amended Agreement will govern new user registrations from the date that it is posted on our website. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by ARTAID Online.
This Agreement is effective on 26 July 2003.
Our rights.
Our services are not available to persons under the age of 18 years or to temporarily or indefinitely suspended ARTAID Online members/users. If you do not qualify, please do not use our services. If you are registering as a business entity or an organisation, you represent that you have the authority to bind the entity to this Agreement.
ARTAID Online reserves the right to refuse items submitted or posted for sale on the website, or auction, at it’s own discretion. Refusals/rejections may be on the grounds of causing potential offence, such as on legal, moral or aesthetic grounds. Although it will endeavour to give reason for refusals/rejections, it is under no obligation to do so. Such refusals will not automatically entitle the vendor a refund on his/her registration/membership fee or any other payments unless ARTAID Online agrees.
Refund of any membership/registration fee or sales transactions are at ARTAID Online discretion. Should there be a dispute between buyer and seller, ARTAID Online maintains the right to retain any fund involved (i.e. Sale price of the item(s)) until the matter is resolved.
Copyright ©
Copyright on all images accepted for show on the ARTAID Online website remain the property of the Artist/Vendor, however you, the artist/vendor, gives permission for ARTAID Online, her representatives or nominees to reproduce on the website or use in any promotional capacity reproductions of image(s) submitted, for example, by the charities to promote you or ARTAID Online, promotional posters, press or other. Normal Copyright laws apply.
User ID
You may be assigned a User ID on completion of registration. You are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.
ARTAID Online is Only a Venue.
ARTAID Online is not a dealer (or auctioneer). Although, we are commonly referred to as an online Gallery website, it is important to realise that we are not a traditional Gallery. ARTAID Online acts as a venue which allows registered users to offer, sell, and buy just about any genre of Art, at any time, from anywhere, in a variety of formats including fixed price and on occasion, via auction. As a result, we have no control over the quality, safety or legality of the items/works of art advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our website. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
Restricted Items. You must not offer or sell dangerous items, or items in a condition liable to cause harm to people or property. ARTAID Online does not accept any obligation to protect you from unsafe items listed for sale on the ARTAID Online website. Please do not assume that items listed will be harmless to people or property.
Identity verification. ARTAID Online cannot and does not confirm the purported identity of users or the validity of the information which users post to our website. We encourage you to communicate with us for any queries using the format or tools available on our website.
Release. In the event that you have any right, claim or action against any other user arising from that user's use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release ARTAID Online (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
Information Control. We can not authenticate or have total control of the information provided by users made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
A summery of ARTAID Online’s service to you the seller: a)ARTAID Online will undertake to take responsibility for ensuring the credit/debit card payments are transacted securely and that payment to you is prompt after confirmation by the buyer of receipt and acceptance of the purchase, less any charges associated with the transaction, i.e. bank/card charges, taxes, duties and commission. b) Provide you with notification of sale/offer. c) Provide you with the details of goods purchased and the delivery address given by the buyer. D) Endeavour to pay you within 14 working days of confirmation of acceptance by the buyer.
Buying
As a buyer, you will be obligated to complete a transaction with a seller via ARTAID Online:
If you purchase an item through our fixed price format; or on the occasion of an auction if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted, unless the item or the transaction is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound by the conditions of sale included in the item's description. Bids/sales are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid or offer is placed, a clear typographical error is made. As the buyer, you must ensure that you are legally able to bid or place an offer on and buy any item that you wish to purchase.
Once funds are received by ARTAID Online, the item/goods will be dispatched by the Artist/Vendor. There will be a 14 day period of grace whereby the buyer can return the item at their own cost. On return of the item, proving it is received in the same condition as it was dispatched by the Vendor/Artist, a full refund will be forthcoming within 14 working days less any credit/debit card charges, bank charges or any other charges or non-refundable taxes/duties of any description, incurred in the processing of your payment. Please refer to FAQ.
ARTAID Online reserves the right to refuse any offer or request to buy an item/items via ARTAID Online website.
Charities
ARTAID Online undertakes to raise funds for the participating charities as specified. As agreed on our website, a gross percentage of each sale will be donated to the charity nominated by the buyer. Other paragraphs contained herein apply.
ARTAID Online undertakes to pay the nominated participating charity within 14 working days of confirmation by the buyer of acceptance of the item purchased.
Value Added Tax (VAT), Sales Tax and other taxes may apply to your commission/donation. Charities are responsible for paying all fees, taxes and duties associated with their percentage received from ARTAID Online.
Listing and Selling
Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. All items must be listed in an appropriate category and not infringe copyright laws or any other laws.
No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent an "application" form to us and the registration fee has been paid, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction without giving ARTAID Online notice.
We are not responsible for verifying a seller's right to list and sell items. ARTAID Online may attempt to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties, however responsibility lies with the seller/member. By participating with ARTAID Online, third parties can notify us in the event that they believe their intellectual property rights to have been infringed, and we may remove such infringing items and/or suspend infringing sellers. Please note that selected personal information which you provide to us may be made available to Seller’s and buyer’s participating as is described in our Privacy Policy.
ARTAID Online can not guarantee that a sale/offer is processed. Listings may be cancelled, withdrawn or lost due to technical problems experienced by ARTAID Online or our service provider.
Once ARTAID Online has posted your listings on the site you are required to notify ARTAID Online promptly should you become aware of any fact or circumstances that makes the listed item(s) incorrect or misleading.
Value Added Tax (VAT) and other transactional taxes and duties
Where applicable, you undertake to advise ARTAID Online of any VAT, sales, use or other transactional taxes that you are required to collect and remit to appropriate governing bodies/authorities, and the rate at which such taxes are assessed on any sales and to advise ARTAID Online on any changes in this regard. You acknowledge that it is not ARTAID Online responsibility to account to the relevant taxation authority for any such taxes, or issue any form of tax invoice or receipt in respect of goods/items sold and that you are solely responsible therefore and will indemnify ARTAID Online accordingly.
Sales
A purchaser may have grounds other than those stated or obvious, for the rejection or rescission of goods/items under applicable law. If a buyer requests that you rescind the sale of an item/goods sold via ARTAID Online service, you agree to consider such purchasers claims in good faith, and to rescind a sale if appropriate. All disputes, returns, rejections must be dealt directly between the vendor and buyer. Whilst ARTAID Online may become involved it believes a breach by either party of ARTAID Online’s policies and user agreement has been committed. You agree to comply with ARTAID Online’s decision in such cases. You agree to co-operate with any investigation that ARTAID Online or authorities representing ARTAID Online may conduct in such cases.
Should any breach be found against you, ARTAID Online reserves the right to terminate this agreement with you on ten (10) days notice. In such cases, there will be no refund of fees.
Fees
There are membership/registration fees (see pricing) in becoming a member of ARTAID Online and selling items via our website. Our Fees forms part of this Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board (or such later date as we may notify). Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax (VAT) and other taxes may apply to your transaction. Sellers may be responsible for paying all fees associated with using our service and our website and all applicable taxes and duties incurred. ARTAID Online will only be responsible for VAT and other taxes and duties incurred or payable on ARTAID Online fees and commission.
Fees may be refunded at ARTAID Online’s discretion, but generally fees are not refundable.
Your Information
Definition "Your Information" is defined as any information you provide to us or other users in relation to the ARTAID Online service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), and any other content that you post within our website including images of works of Art. You are solely responsible for Your Information, and ARTAID Online act only as a conduit for your online distribution and publication of Your Information.
Restrictions; Your Information and your activities on our Site must not:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
be fraudulent or involve the sale of counterfeit or stolen items;
be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), licences or third party rights;
be obscene, indecent or contain child pornography;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are identical to other items you have up for sale or auction, but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for sale on a website other than ARTAID Online (this does not prevent linking to or advertising an ARTAID Online item from another website); or (d) you do not have a right to link to or include;
contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.
You must not list any item on our website (or complete any transaction initiated using our service) that, by paying to us the registration/membership fee or the final value fee (commission), could cause us to violate any applicable law, including copyright laws.
Licence To enable ARTAID Online to use Your Information; you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known. Our Privacy Policy will govern use of Your Information.
Access and Interference
Our website may contains robot exclusion headers and you agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our website or any auction/sale being conducted on our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to ARTAID Online by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of ARTAID Online or the relevant ARTAID Online user.
Breach
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us ; or (c) if we believe that your actions may cause legal liability for you, our users or us.
Privacy
Please note that Your Information will be stored and processed on our computers in the UK. The laws on holding personal data are stringent in the UK and ARTAID Online will hold and transmit your Information in a safe, confidential and secure environment. ARTAID Online will never sell or rent your personal information to third parties except as described in the Privacy Policy. If you object to your Information being transferred or used in this way please do not register. Please refer to our Privacy Policy for further information.
No Warranty
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our third party representatives, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100.
Indemnity
You agree to indemnify and hold us and (as applicable) our, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Notices
Unless otherwise explicitly stated, notices to ARTAID Online must be sent by registered mail to ARTAID Online address, and notices to you will be sent to the email address that you provide to ARTAID Online during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. Notices sent by registered mail will be deemed received 3 days following the date of mailing.
Governing Law and Legal Compliance
This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.
Once an item has sold, if you and the other party are both based in the European Union then the seller's local law will govern further dealings as to shipment, payment etc. unless you both explicitly agree otherwise. Note however, that your country (and/or that of any user you deal with) may have laws which apply regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
Dispute Resolution
Disputes between you and another user/member regarding our services may be reported to ARTAID Online Customer Support. Where applicable, we encourage you to report all disputes between users to your local law enforcement body. However, any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by ARTAID Online. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgement on the arbitration award may be entered into any court having jurisdiction thereof.
Third Party Rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ARTAID Online, in our sole discretion, to a third party in the event of a merger or acquisition. You and ARTAID Online are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
This Agreement will prevail over any conditions of sale imposed by a seller, buyer. Our Privacy Policy and applicable contents on our website are included and bound by this Agreement by reference. Each of the policies may be amended from time to time by posting the changes on the Announcement Board and except for the Privacy Policy for which we will provide you with thirty days notice, changes to the other policies shall be effective immediately.
Sections, Fees, Your Information, Access and Interference, Limitation of Liability, Indemnity, Governing Law, Dispute Resolution and Third Party Rights shall survive any termination of this Agreement.
If you have any questions concerning this agreement, please contact customer support at customersupport@artaidonline.com