Global Art Traders Terms of Service for Selling and Purchasing Artwork.
Terms and Conditions: Last Updated Date: August 27th, 2016
Global Art Traders. ("Global Art Traders," "we" or "our") provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the "Services") through our website, accessible at www.globalarttraders.com (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.globalarttraders.com/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Global Art Traders.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Modification
Global Art Traders reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Eligibility
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Account Registration
In order to list a work on the Site or to make a purchase through the Site, you must first register and create and account profile "Account Profile") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Global Art Traders reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Global Art Traders of any unauthorized use of your Account.
Privacy
See Global Art Traders Privacy Policy at www.globalarttraders.com/privacy for information and notices concerning Global Art Traders collection and use of your personal information.
Selling Artist’s Terms and Conditions
Listing Works on the Site
As a MEMBER ARTIST, you may submit listings for original works of art ("Original Works of Art") that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art ("Digital Works') that you have created and that you desire to commercially exploit through the Site and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Global Art Traders with all the information requested on the applicable page of our Site and you must comply with any other Global Art Traders requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Global Art Traders with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Global Art Traders then-current listings content guidelines, which are available at www.globalarttraders.com/guidelines. Global Art Traders reserves the right to edit any listings to ensure that they comply with these guidelines.
Promotions / Discounts
You acknowledge that Global Art Traders reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts up to and including 10%. Please note that Global Art Traders will not offer a discount of more than 10% without contacting YOU 'THE SELLER' first for consent. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. After the discount code is deducted from the sales price, our usual commission of 25% will be applied. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site - please see below for instructions.
If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Global Art Traders the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor Global Art Traders use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Online Sales
If you submit listings for Original Works of Art, you hereby appoint Global Art Traders as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Global Art Traders a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Global Art Traders, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art or Digital Image via the Online Sales channel.
If you submit listings for Digital Works, you hereby grant Global Art Traders a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”)”). and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Global Art Traders, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels.
As between you and Global Art Traders, Global Art Traders will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Global Art Traders, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
Global Art Traders and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Global Art Traders Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Global Art Traders and the third party website or Global Art Traders Offline Sales partner, as applicable, to Global Art Traders and share related shipping information, including the contact details of the purchaser where necessary, with Global Art Traders.
For Original Works of Art and Digital Works (“Work of Art”), Global Art Traders will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Global Art Traders, you will be responsible for shipping the purchased Work of Art directly to the purchaser. You agree to ship the purchased Work of Art to the purchaser within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. You pay for the cost of shipping yourself, Global Art Traders will reimburse you for the amount you paid, up to the amount that Global Art Traders or the third party website charged the purchaser for shipping.
For sales of Original Works of Art via the Online Sales channels, Global Art Traders will credit your Account in an amount to be determined in accordance with Global Art Traders current standard pricing and commission terms, which may be found HERE (the “Artist Revenue Share”); for sales of Works of Art via the Site and Services, subject to Global Art Trader;s receipt of confirmation of delivery to the purchaser, Global Art Traders will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Works of Art via third party websites, Global Art Traders will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Global Art Traders, in its sole discretion.
You agree to comply with the terms and conditions of Global Art Traders then-current Return Policy that are applicable to any Works of Art that are sold through the Site and Services.
You will have the right to request Global Art Trades to remit the Artist Revenue Share in your Account in accordance with a Global Art Traders designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Global Art Traders will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
Purchaser Terms and Conditions
Purchases of Works of Art
As a Member, you may purchase Works of Art that are listed by other Members (Member Artists) on the Site. When you purchase such a Work of Art through the Site and Services, you are purchasing the work from the MEMBER ARTIST and not from GLOBAL ART TRADERS. Prices for Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Global Art Traders and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Work of Art will ship the purchased work directly to you. The terms and conditions of Global Art Traders then-current Return Policy apply to any Works of Art that you purchase through the Site and Services.
Payments: “We do not store credit card details nor do we share customer details with any 3rd parties”
All payments are processed securely and paymentscanbe made by Credit or debit card.
TERMS OF TRADE FOR INVOICE / SALES
(1) Price and Payment: All goods and services supplied by Global Art Traders to you, you will pay to them the price as agreed. The cost of goods do not include delivery charges unless otherwise agreed by Global Art Traders. (B) Global Art Traders will provide and invoice to you for payment due at the agreed address and you will remit full payment due immediately or unless otherwise agreed by Global Art Traders. (C) Global Art Traders is not responsible ofr any import or customs duties that maybe payable on goods ordered, unless agreed by Global Art Traders in advance. (D) In the event that you do not make payment by the due date, Global Art Traders reserves the right to ; (D1) Charge Interest to you at a rate Global Art Traders seems appropriate, but which in any event will not exceed 5% per annum above Global Art Trader's priciple bankers base rate from time to time, accruing daily. The interest will be payable for the period from the date upon which payment was due to the date of actual payment. (D2) Claim reimbursment from you for all expenses incurred in the collection and recovery of all payments outstanding.
(2) Specification of goods and services. All goods will be supplied to you as per their characteristics and displayed features as on the Global Art Traders website. Global Art Traders will take every resonable steps to ensure all goods purchased convery the same or similar features as displayed on the website. In the event that you should require a change in the specification of goods or any form of alteration and/or additions of any kind, Global Art Trader's reserves the right 'NOT' to make or alter the goods in any way. However, should a change or aleration be agreed, all additional changes and costs will be sent to you in written communication.
Order Cancellations and Return Policy
(3) Order Cancellations. Upon cancellation of a purcahse on the Global Art Traders website, you will be refunded in full of any monies paid on a particular item of good via the same means that monies were received by Global Art Traders. A cancellation of such goods will automatically revert the ownership of such goods to Global Art Traders / Seller immediately and also the physical possession of those goods. (3B) If you wish to cancel parts or any parts of a sale or request changes to the completion / deivery date or agreed specification changes to goods ordered, you must provide sufficient notice thereof. In the event that the Seller has marked the item as dispatched, all charges relating to return of the item will be your responsibility (the Buyer). (3C) Global Art Traders reserves the right to cancel any order for a Work of Art placed via the Site and Services if Global Art Traders determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Global Art Traders cancels an order placed via the Site and Services, Global Art Traders will send you an email confirmation of such cancellation and you will not be charged for your order. (3E) Global Art Traders cancellation policies do not include the purchase of goods tailored to specific requirements.
(3D) Where goods have already been dispatched, it is the purchaser's responsibility to inspect goods verifying quantity, specifications and quality. Upon receipt of goods the purchaser must raise any queries, discrepancies and/or complaint to Global Art Traders within (7) days., otherwise Global Art Traders will deem the item accepted by you.
You can return your item for a full refund as long as the following is adhered to:
It is less than 7 days since you have received the artwork.
You have all the original packaging for the artwork as you will need this to repack the item.
The artwork has been prepared for return shipment in the original packaging.
Once the artist has confirmed the safe return of the item in it's original condition, your refund will be processed in full. We do not refund the cost of returning the item.
All payments are processed securely.
Terms for both Sellers and Purchasers
Transaction Restrictions
If you are a Member Artist and have submitted a listing for an Work of Art and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Work of Art to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase a Work of Art for which another Member Artist has submitted a listing, you may not purchase such Work of Art from such Member Artist independent of the Site and Services.
Taxes
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in £ UK Sterling , $ US Dollar or € Euro and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Color
You understand and agree that Global Art Traders uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Global Art Traders is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard. Global Art Traders
Termination and Account Cancellation
If you breach any of these Terms, Global Art Traders will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Global Art Traders reserves the right to revoke your access to and use of the Site, Services, Global Art Traders Content and Member Content at any time, with or without cause. In the event Global Art Traders terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to info@globalarttraders.com
Terms and Conditions: Last Updated Date: August 27th, 2016