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1.1 We are delighted that you are considering purchasing artwork offered on Project Art-The Social Arts Market™, a platform on www.projectart.com (the “Website”) on which you, as buyer, are able to purchase artwork directly from artists. The Website is operated by The Social Arts Market Limited, a company registered in England and Wales with company number: 09724795 and registered address 27 Old Gloucester Street, London, England, WC1N 3AX.
1.2 We act as an agent on behalf of the artists who list artwork on the Website. When you purchase artwork, you are purchasing the artwork directly from the artist.
1.3 We believe in protecting the rights of artists. When you purchase an artwork from the Website, the intellectual property rights (and other associated rights, such as moral rights), remain with the artists.
2.1 These terms, and the documents listed below, cover your purchase of artwork from artist on the Website.
2.2 You should review all of these documents carefully. By clicking “I Agree to the terms and conditions” during the registration process, you agree to be bound by the conditions set out in these documents.
2.4 These terms and conditions cover the purchase of artwork by you, as a consumer for your private use and enjoyment. If you are interested in purchasing any artwork you see on the Website for commercial or business purposes, please get in touch with us directly by emailing firstname.lastname@example.org.
3.1 You confirm that the information you provided to us when you registered with the Website is correct and accurate.
3.2 You agree to keep us regularly updated on any changes to this information.
3.3 You agree to keep your log-in information confidential, and will not allow anyone else to use your personal log-in details. If you have reason to suspect that anyone has access to your details, please let us know as soon as possible.
4.1 You can contact us by writing to us at email@example.com or 27 Old Gloucester Street, London, England, WC1N 3AX.
4.1 We may contact you by telephoning you at any number provided by you to us, or by the email provided by you as part of the registration.
5.1 The purchase price for any artwork on the Website is set by both the artist, and our algorithm. Our algorithm adjusts the price of a piece of artwork depending upon interactions with the artwork and the artist’s profile on the Website. The Website’s base currency is USD, if you select GBP or EUR the price will depend on the exchange rate.
5.2 We take a 25% commission on the sale of each artwork. Our commission is calculated on the price of the artwork after the application of the algorithm, but does not take into account any applicable tax or shipping and handling charges. The commission is deducted directly from the payment to the artist, and is not an additional cost to you.
5.3 The purchase price of the artwork includes our commission and any applicable taxes (such as VAT). Not included are shipping or insurance costs as well as any import duty costs, where applicable. These figures will be listed separately on the Website.
5.4 You can pay for the artwork using PayPal. Depending on your location, PayPal may offer payment via credit and/or debit card as well.
5.5 Payment for the artwork and all applicable delivery charges is in advance.
5.6 You pay for an artwork through the Website, and we will pass your payment to the artist, but we will never pass along your payment information.
5.7 You should never send payment directly to an artist, but you should complete the payment process through the Website which enables us to track the delivery of the artwork and the payment process, protecting you and the artist. If you receive any such request, please let us know as it may be fraudulent.
5.8 Once payment has been received by us, we will instruct the artist to ship the artwork to you. If the artist decides to cancel the sale for any reason, we will refund you the purchase price and any applicable shipping fees. This refund will be our sole liability to you for an artist’s cancellation.
6.1 Artists are responsible for packaging and shipping the artwork to you, and agree to do so within certain guidelines.
6.2 Artwork may be shipped to you using our shipping partner, in which case the artwork will be tracked, insured and delivery confirmed by our shipping partner. If alternative shipping methods are arranged by an artist, tracking, insurance and confirmation of delivery are subject to the artist’s specifications.
6.3 Artists are responsible for all customs forms and other information which may be required when shipping items across borders.
6.4 All artwork will be delivered with a certificate of authenticity, setting out the following information:
6.5 If your artwork is missing a certificate of authenticity when delivered, or there is an error with the certificate of authenticity, please contact us as soon as possible.
7.1 We may allow you to resell an artwork purchased via the Website on the Website. If you are interested in reselling an artwork, please see our Resale Terms.
8.1 Artwork purchased through the Website must match the description on the Website, be of satisfactory quality and be delivered with a reasonable amount of time. If you find that the artwork has failed in any of the above, you may be entitled to the remedies set out below.
8.2 As a consumer, you may be entitled by law to the following remedies:
8.3 If you wish to exercise your legal rights to return or reject the artwork within the fourteen day period in paragraph 9.2(a) please contact us, and we will arrange for a refund on the artist’s behalf.
8.4 If you return the artwork because the artwork is faulty, the artist will be responsible for the delivery costs incurred by you in returning the artwork to the artist. If you decide to cancel your purchase for any other reason (within the 14 day period), you will be responsible for the delivery costs in returning the artwork to the artist.
8.5 We will refund you, on behalf of the artist, the purchase price and any applicable delivery costs as soon as possible and in any event within 14 days of your decision to return the artwork. The refund will be made via PayPal, either directly to your PayPal account or to your credit/debit card, whichever was your original method of payment. There may be fees charged by PayPal which are out of our control.
8.6 If you wish to exercise your legal rights to return or reject the artwork outside of the fourteen day period in paragraph 8.2(a), please contact us and we will arrange an appropriate remedy. Unfortunately, due to the nature of the artwork offered, repair and/or replacement of the artwork is impossible, and so only a price adjustment will be considered.
8.7 If the artwork has not been delivered, please contact us at firstname.lastname@example.org and we will arrange a refund (subject to confirming with you and the artist that the correct delivery details were provided).
8.9 If you decide to cancel your purchase and the artwork is not faulty, please note that the artist may deduct reasonable costs from your refund if the artwork has suffered damage whilst in your possession or in its return (if you have not complied with our shipping guidelines). We will notify you of these costs in advance.
9.1 If you have any questions or complaints about the artist or any artwork, please contact us on the information set out above.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. We do not in any way exclude or limit our liability for:
11.1 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any artwork you have paid for but not received.
11.2 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.3 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
11.4 English law and the jurisdiction of the English Courts will apply to these terms and conditions, save where you live in any other part of the United Kingdom, in which case the law and courts of that place shall apply.
By clicking “I agree to the terms and conditions” during the registration process you agree to be bound by the terms and conditions set out above.