These Terms and Conditions set out the terms on which ARTFACE (Artface Fineart Ltd, 201 Haverstock Hill, London NW3 4QG, UK) offers you as a Buyer and Seller access to and use of the ARTFACE Service.
The ARTFACE Service consists of making available a platform on www.artface.com that connects potential Buyers and Sellers (hereinafter also each or in common referred to as “User”) for the sale and purchase of works of art by mutual agreement under the conditions set out by ARTFACE.
Buyer means any person who is either actively buying works of art on the ARTFACE Service or who is potentially interested in buying such works of art. The term Buyer also includes a person who borrows or rents or is interested in borrowing or renting works of art for instance temporarily for exhibitions or other special interest.
Platform means the digital market place including its software functionalities, image and design, applications, User access etc. owned and controlled by ARTFACE.
Seller means any person who is either actively selling works of art on the ARTFACE Service or who is potentially interested in selling such works of art. The term Seller also includes a person who loans or leases or is interested in loaning or leasing works of art for instance temporarily for exhibitions or other special interest
Service or The ARTFACE Service means the service under which ARTFACE offers its platform to the User as also described under the Introduction.
Subscriber means any person who has entered into a subscription on the ARTFACE Service.
Terms means the Terms and Conditions as set out in this document and any other ARTFACE document expressly referred to hereunder.
User means any interested person that enters the ARTFACE Service for private or business reasons. User includes both, Sellers and Buyers. User includes active and inactive Subscribers as well as a casual browsing person.
Website means www.artface.com and all of its sub-pages.
The purpose of these Terms is to establish the conditions for the use of the Service by all Users.
By having access to and by using the ARTFACE Service, you accept our Terms and Conditions without reservations. By ticking the appropriate box during the registration procedure, you acknowledge that you have read these Terms and Conditions and you confirm that you accept them unconditionally and without reservations. Furthermore, you confirm that you have the legal capacity to enter into contracts.
Unregistered Users shall be deemed to have read and agreed to these Terms and Conditions upon their access to the Service.
These Terms and Conditions shall prevail over all other conditions contained in any other document or business relationship relevant to the Service, unless previously agreed otherwise in writing.
ARTFACE reserves the right to amend these Terms and Conditions at any time without notice. Users are recommended to always make reference to the latest version of the Terms and Conditions published on the Website at the following address: https://www.artface.com/en/terms_and_conditions.
ARTFACE provides its Users with the Platform connecting potential Buyers and Sellers for the sale, loaning, renting or leasing of works of art by mutual agreement.
ARTFACE and the ARTFACE Service is a simple platform to enable communication and exchange between the Users. ARTACE does not get involved either in the negotiation or in the transaction between Users who sell or buy a work of art or who transfer a work of art by any other contractual model. ARTFACE does not charge any commission on transaction fees between its Users. ARTFACE acts neither as an agent for or on behalf of its Users, nor as a broker.
Once the selling and buying Users of ARTFACE have established a relationship, they communicate privately and they are free to negotiate and to conclude a sales or other transfer model contract either directly or through one or more intermediaries of their choice. This contractual relationship and all prior or subsequent negotiations are under the sole responsibility and liability of the contracting Users and ARTFACE shall not be held liable for any such negotiations or relationships.
The selling Users are free to establish the selling price of the works of art which they offer for sale. Selling Users are not obliged to making the price visible in the listing which they publish on the Website, however, selling Users shall in their sole responsibility comply with EU-price regulations
Only registered Users are entitled to use the ARTFACE Services which give access to the database of works of art that are offered for sale.
Telecommunications and related access costs to use the Service shall be solely borne by the User.
In order to have access to the Services provided by ARTFACE, it is necessary to register on the Website by creating a personal account. The registration procedure requires you, the User,to provide certain personal data including a valid email address and to create a password.
By creating a personal account:
You are solely responsible for creating and keeping your username and password confidential and secure. You understand that you are responsible for all use of your username and password on the Website. Unless the contrary is proved, all access to the Website made using your username and password shall be deemed to be use of or access to the Website by you or with your authority. If your username or password is lost or stolen, please notify us immediately. You will have the option to create a new password.
After completing registration, you will be invited to choose one of the subscriptions offered by ARTFACE.
Access to the Services will only be effective upon payment of the respective subscription fee. Voucher codes may be used as a substitute or supplement to payment. ARTFACE reserves the right to offer vouchers with time or other limited validity.
The subscription options and payment options are available as published and amended from time to time on the Website.
Upon any expiration of a subscription, the User shall have the right to renew or extent the Subscription unless the Subscription has been suspended in accord with Art. 7.2.
User of an expired subscription will keep the User profile on the Service unless the User himself demands to fully delete the profile. However, the User will not have continued access to the view of listings, to his prior watch list, to the communication tools, messenger or other interaction services provided by the ARTFACE Service. Upon extension or renewal of the Subscription, such services will be again made available to the User.
The selling User shall be solely responsible for the listing of the works of art offered by him for sale on the Website.
The listings shall contain a short and accurate description of the work offered for sale, in accordance with its provenance and/or authenticity, to the extent they are known to the seller.
The User shall in its sole discretion decide if he wants to display the suggested selling price in the listing. However, upon the decision of the selling User, the suggested price may only be disclosed in a confidential manner by the selling User to the buying User after initial contact.
In particular, the listings shall include, without limitation, the following elements:
The User is solely responsible for the content of the listing he/she publishes.
By publishing the listing, the User declares to have full ownership of the work of art offered for sale or, when appropriate, to have been given a mandate authorizing him/her to offer the work of art for sale. Furthermore, the User acknowledges that he/she has the legal capacity to enter into contracts.
The User undertakes to ensure that the work proposed for sale is not contrary to either public policy or accepted principles of morality, that it is in accordance with applicable law and that it does not violate the rights of any third party. In particular, the User warrants that the work of art and the listing information does not violate rights against religious, race or gender discrimination.
In this regard, without limitation, the User:
The listing shall not be part of a communication strategy aimed at promoting the User or his professional business other than in context with the purpose of selling the work of art via the Platform. The User shall not use the listing to market or promote any third party product, trademark or services, for example by way of direct or indirect advertising, product placement or other measures. Furthermore, the User agrees not to include any link to websites of third parties in the listings he/she publishes.
ARTFACE does not scan, monitor or police the listings published by its Users in advance. Therefore, ARTFACE does in no way guarantee the validity and/or compliance of the content of the listings published on the Website and, in particular, the authenticity or origin of the works of art.
Prior to publication, ARTFACE provides only for a limited automatic check with respect to the complete filling of mandatory fields by the User when uploading a new listing, however, without checking the editorial content of the listing and without suggesting or making changes to the wording.
ARTFACE reserves the right to refuse to display any listings that do not comply with these Terms and Conditions.
In case a listing has already been put online by the User, ARTFACE reserves the right of removal if the listing turns out not to comply with these Terms and Conditions.
In any case, the refusal to publish a listing or its removal by ARTFACE shall not give rise to any compensation or refund of the User.
ARTFACE provides its Services to Users in a diligent and professional manner. Nevertheless, Users acknowledge that the characteristics of the Internet do not allow ARTFACE to guarantee security, access, availability and integrity of data transmission over the Internet. Users shall be responsible for the functioning and protection of their own systems.
Users undertake to comply with all regulations contained in these Terms and Conditions of Use of the Website and of the Services.
Users agree not to infringe any intellectual property rights pertaining to the Website, its structure and its content.
Users undertake not to infringe any intellectual property rights owned by a third party and in particular by the authors of the works of art offered for sale and/or by the authors of the photographs of such works of art. Where a User fails to comply with all or part of his/her obligations, ARTFACE may notify the User and offer the User the right to remedy the failure with a reasonable cure period of 48 hours. Failure to make use of the cure period entitles ARTFACE to suspend or remove the User’s personal account without condition and prevent him/her from having access to the Website, either definitively or temporarily, without the User being entitled to any compensation or refund. In case of substantial, intentional or fraudulent violation of these Terms and Conditions ARTFACE reserves the right to suspend the User account temporarily or definitely without prior notice of a cure period.
ARTFACE uses in its discretion best endeavours to provide quality Services through the Website. Nonetheless, ARTFACE will not be liable for any unavailability, failure, change or error occurring during the use of the Website or the Services.
More in general, ARTFACE will not be liable for any direct or indirect damages of any kind arising out of the use of the Website or the Services, except for any damages which may arise out of deliberate or gross negligent breaches of its obligations.
ARTFACE makes no warranty as to the accuracy of the information provided by Users in their listings. In particular, ARTFACE makes no warranty as to the authenticity or origin of the works of art offered for sale, which it does not check in any way.
Therefore, ARTFACE shall not be held responsible or liable for any listings or works of art appearing on the Website.
ARTFACE makes no warranty as to the accuracy of the information provided by Experts in the Expert Database. In particular, ARTFACE makes no warranty as to the Quality of the Expert which it does not check in any way.
Therefore, ARTFACE shall not be held responsible or liable for any work or performance provided by an Expert. The relationship shall be solely between the User and the Expert and shall solely be governed by their arrangement in which ARTFACE has no stake and say.
ARTFACE makes no warranty as to the accuracy of the information provided between Users within a communication forum. In particular, ARTFACE makes no warranty as to the accuracy or quality of the User contributions in the forum which it does not check in any way.
Therefore, ARTFACE shall not be held responsible or liable for any forum comment by a User. However, ARTFACE reserves the right to delete particular comments in and/or suspend Users from the forum upon awareness of any comment or other performance that is not compliant with these Terms and Conditions or with the law.
Users hereby waive all claims and will refrain from any legal actions against ARTFACE concerning the compensation of damages caused by the listings published on the Website, by Expert advice or by the transactions completed after being connected with other Users, whether potential buyers or sellers on the Website.
Users shall be solely responsible for their use of the Services provided by ARTFACE. Such use does in particular, but not limited to, include the upload and making available of listings and the use of any messenger services provided within the ARTFACE service for the Users to interconnect and communicate between Users.
In particular, Users shall be solely responsible for any damages caused to third parties by the publication of listings and/or by the putting up for sale of works of art on the Website.
Under these circumstances, Users are required to ensure that the content of their listings does not infringe any third party’s property rights (in particular intellectual property rights), that they do not cause harm to any individuals, their right of image or to privacy, and that they are not contrary to either public policy or accepted principles of morality.
In general, in relation to their usage of the Service, Users shall comply with all applicable laws and regulations as further described under Art. 6.1 of these Terms and Conditions.
Users agree not to divert the purpose of the Services provided by ARTFACE by improperly using them to exploit stolen, forged or fake works of art.
Users shall indemnify and hold ARTFACE harmless from all sentences issued against it by reason of their failure to fulfil their legal and/or contractual obligations.
Any User who notices a content which is illegal or prohibited under these Terms and Conditions of Use or all applicable laws and regulations, which infringes the rights of a third party or which is contrary to public policy and/or accepted principles of morality shall immediately report it to ARTFACE by using the “Report a problem” tool.
The User must at all times comply with the EU-E-Commerce laws when reporting illegal products.
On the basis of a User report ARTFACE will be authorized to remove from the Website, without notice, as a precautionary or definitive measure, any clearly illegal or prohibited content that may be published in a listing or any other part of the Website, without the User who’s listing is affected by this removal being entitled to any compensation or damages.
ARTFACE may, at the expressive and documented request of any judicial authority and in accordance with the EU-GDPR, communicate any information in its possession concerning any User who has contributed to the listing of such content, such as in particular his/her IP address, email address, date and time of connection to the Website.
ARTFACE reminds its Users that any kind of forgery, theft or fraud is an offence subject to criminal prosecution.
In this regard, upon notification by a User or upon other random attention ARTFACE reserves the right to alert competent authorities in the cases in which there are substantial and manifest doubts about the origin of the works of art offered for sale. In the light of this, ARTFACE must reserve the right to follow the law and pass on all the information it has concerning the User to competent authorities, including his/her IP address, email address, date and time of connection to the Website.
ARTFACE recommends buyers to gather useful information on the provenance of the work of art which they are considering to purchase.
ARTFACE reminds its Users that certain works of art are subject to specific regulations. Users shall in particular refrain from any trading of works of art that in contradiction to or under violation of import bans, international customs rules, sanctions, prohibitions, limitations or whatsoever.
ARTFACE shall be the sole owner of any intellectual property rights concerning the ARTFACE Service, the Platform, Website, its structure and digital content.
In order for ARTFACE to provide its Services, the selling User shall grant ARTFACE a free, worldwide, non-exclusive and unlimited licence to use the data and information contained in his/her listing on any existing or future medium. The selling User in particular warrants that the work of art listed by him can be displayed free of any third party rights for selling purposes and the selling User shall hold ARTFACE free and harmless of any claims by third parties, whether for takedown, compensation, penalties or whatsoever.
ARTFACE values the privacy of its Users and it undertakes to ensure that the collection and processing of personal data is performed in accordance to the EU-data privacy regulations, in particular in accord with the EU-GDPR. For further information please check our data protection terms on: (insert link)
Neither Party shall be liable to the other for any failure or delay in the performance of an obligation defined herein due to the occurrence of a force majeure event as recognized by the law.
In the event of force majeure, the obligations arising from these Terms and Conditions of Use shall be suspended throughout the performance of the contract.
However, if the force majeure event persists for more than 30 (thirty) consecutive days, either party may terminate the account by sending an email to the other party notifying this decision.
If, for any reason, any provision of these Terms and Conditions of Use is found to be invalid or unenforceable, the other provisions of these Terms shall remain valid and enforceable as if the provision which is invalid or unenforceable was no longer mentioned in the Terms.
These Terms and Conditions of Use are governed by the laws of UK. If a question or dispute arises which relates to the performance or interpretation of these Terms and Conditions of Use, the parties agree to submit to the exclusive jurisdiction of the Courts of the place of defendant.
