Terms and Conditions
Introduction
These terms and conditions govern your use of our website and online marketplace The Artists Marketplace (the "Marketplace"). By accessing or using the Marketplace, you agree to be bound by these terms. If you do not agree to all the terms and conditions, then you may not access or use the Marketplace.
Using Our Marketplace
You must be at least 18 years old to use the Marketplace. By using the Marketplace you warrant that you are at least 18 years old.
These terms and conditions govern the relationship between you (the Buyer) and us (The Artists Marketplace Ltd) regarding use of the Marketplace and any Orders made through it. They do not govern the contract between Buyers and Sellers for the purchase of artwork. By placing an Order you acknowledge acceptance of them.
Definitions
In these terms and conditions:
"Marketplace" means the online marketplace operated by The Artists Marketplace Ltd for selling and purchasing artwork.
"Seller" means a third party seller (artist) that offers artwork for sale via the Marketplace.
"Buyer" means the buyer of artwork via the Marketplace.
"Order" means a Buyer's order placed via the Marketplace.
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Changes to These Terms
We may modify these terms at any time. Changes become effective when posted on our website. By continuing to access or use The Artists Marketplace after changes become effective, you agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at: info@theartistsmarketplace.co.uk
Content and Intellectual Property Rights
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The copyright and other intellectual property rights in all artwork displayed are either licensed to or remain fully owned by Sellers. Sellers warrant artwork listings do not infringe third party copyright or other intellectual property rights. We give no warranty to Buyers that purchased artwork does not infringe third party rights.
Price
The prices payable for artwork are set by Sellers. All prices include VAT where applicable at the current rate chargeable in the UK. We reserve the right to alter prices listed to reflect any change in VAT rates before Order completion.
Payment
Payment must be made upon placement of Order unless otherwise specified in the Seller's payment terms. We assume no liability for security or privacy of Buyer's payment details provided to Seller.
Privacy
Our Privacy Policy available on our website outlines how we handle personal data provided to us in relation to Marketplace orders or accounts. We may need to share Buyer's personal data including name, contact and address details with a Seller to fulfil Orders.
Delivery
The Marketplace fulfils delivery and is responsible for notifying you of delays or issues. We assume no liability for late deliveries. Delivery times provided are estimates. Please check Shipping Policy for further delivery details.
Domestic Orders
Domestic delivery charges if any are stated at checkout, all options are presented during checkout process. Please check Shipping Policy for further delivery details.
International Orders
We ship internationally to most countries around the world. Please note that there are a few exceptions, due to factors such as customs restrictions, shipping carrier limitations, and geopolitical considerations. Please check Shipping Policy for further delivery details.
Returns and Refunds
For UK Buyers, a 14 day refund policy applies provided you notify us and return the item to the Marketplace in original condition within 14 days of notifying us. This does not affect any legal warranty rights that apply under UK consumer law to defective goods. Please see separate Returns and Refunds Policy for full details.
System Security
Whilst we strive to protect data transmitted via or stored within the Marketplace, we give no assurances that it will be fully protected from unauthorized access or use. Buyers submit data at their own risk. We will notify Buyers and Sellers of any confirmed data breaches involving their data. Please check Privacy Policy for further details.
Indemnity
As a Buyer, you indemnify us against any loss or damages suffered by us or Sellers connected with your breach of these terms and conditions or invalid use of the Marketplace.
Contractual Limitation
We limit our liability to Buyers to a maximum of the value paid for any relevant Order under these terms and conditions. We accept no liability for business losses even when caused by negligence or matters under our control.
Rights of third parties
No one besides a party to these terms and conditions shall obtain rights under it, unless expressly stated herein. Sellers shall have the right to directly enforce provisions related to content ownership, indemnity and limitations of liability directly against Buyers.
Severability
The invalidity or unenforceability of any terms and conditions shall not affect the other provisions which will remain in full force and effect.
No waiver
Any failure by us to enforce rights or provisions herein shall not constitute a waiver of that right or provision in future.
Dispute Resolution
We require all disputes be first attempted to resolve by good faith negotiations between senior representatives of each party, failing which disputes may be submitted to mediation or courts within England and Wales.
Disclaimers
All artwork is provided by Sellers "as is" without express or implied warranties including as to satisfactory quality or fitness for purpose. We do not guarantee uninterrupted or error-free use of the Marketplace.
Governing Law
These terms and conditions are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
Force Majeure
We accept no liability for failure to perform obligations under these terms and conditions where caused wholly or mostly by events beyond our reasonable control.