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User Agreement

 

Welcome to Artorca, the platform where you can buy and sell artworks (“items”). This page (together with the documents referred to on it) set out the terms and conditions applying to the Services available from the internet domain www.artorca.com (our website). Please read this Agreement carefully before making use of any services from our website.

 

You should understand that by using our website, you agree to be bound by this Agreement.

 

Our website gives you the choice:

 

- If you are an artist, to register with us in order to sell your artwork through our platform

 

- If you are a buyer, to purchase the item you choose to buy through our platform and to register with us if you wish to use the features offered by our website (comment and rating tools).

 

When choosing to sell your items or buy items through our platform, you will enter into an agreement with the buyer or respectively the artist (“seller”) from whom you decide to buy the chosen item. You therefore acknowledge that we act as a mere conduit and platform between the seller(s) and the buyer(s).

 

When placing an order through our platform, the seller(s) will provide you with the item you have chosen and bought and as confirmed in the booking & order confirmation which you will receive by email.

 

You should print a copy of these terms and conditions for future reference. 


1.  Information about us


1.1  We operate the website www.artorca.com. We are Artorca Limited, a company registered in England and Wales under company number 07742273 and with our registered office and main trading address at 13 - 15 Regent Street, Nottingham, NG1 5BS, United Kingdom.

 

1.2  We offer platform services, by providing a marketplace to sellers who wish to sell their items and to buyers who wish to purchase items.

 

1.3  As a buyer, when placing an order through our website, you enter into a contract with the seller and NOT with us. Any queries or concerns relating to the item should be addressed to the relevant seller you chose to buy the item from. We do not assume any responsibility for the item provided by the seller. We do not assume any responsibility for the sales, shipping, returns and exchange policy of the seller.

 

1.4  You will have the option between using PayPal or a credit or debit card for your payment via the seller’s merchant account. The seller has sole responsibility of the transaction fee for receiving payments where applicable.

 

1.5  Through our website, we offer you the choice to:

 

- register with us

 

- use our website features

 

- upload images and details of your items

 

- sell items to buyers

 

- purchase items from the sellers

 

- comment and rate the items/provide feedback on the items and the artist’s service through the appropriate boxes provided below each item

 

- manage and view your account with us.

 

2.  Specification of items for sale on our website


2.1  You may use our website to offer items for sale. The items will consist of artwork including but not limited to paintings, prints, photographs, sculptures, etc.

 

2.2  The seller is responsible for the image of the item they wish to offer for sale as well as for the description of the item consisting, but not limited to, the following: title, name of the artist, medium used, size, price (incl. all relevant taxes and duties), edition of the print, signature and all other relevant information.

 

2.3  The price of the items will be as quoted on our website from time to time, except in cases of obvious error. The prices are quoted in US dollars and include any relevant taxes or duties as applicable. The price of the items excludes the shipping costs referred to in clause 7 below. Payment for the item must be by credit or debit card or through a PayPal account. Your PayPal account, credit or debit card will be charged when you place your order.  

 

3.  Service availability


Our website is intended for use by people resident in the United Kingdom and abroad. While we will use our reasonable endeavours to maintain an uninterrupted service, we are not in a position to guarantee (in an expressed or implied way) continuous or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.  

 

4.  Your registration with us

 

4.1  When signing up for an account with us, you agree to accept responsibility for any activity related to your account.

 

4.2  When using our services and posting material on our website, you accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you put for sale on our website. When acting as a seller, you warrant that you will comply with all applicable legislation in relation to electronic (online) commerce.

 

4.3  When using the comments/feedback and rating services, you acknowledge and agree that your registered name will be visible to all website visitors.

 

4.4  By listing an item for sale on our website you agree to our commission fee of 30% on your listed sale price and assume full responsibility for the content of your listing as well as the items offered for sale. The above-mentioned commission fee is payable by you alone and is not to be included in the sale price of the items you display for sale on the website.


4.5  Please note that if we learn that you are making any abusive or improper use of our website, we reserve the right to unsubscribe you and, if you are a seller, remove all your items displayed for sale and cease any dealings with you immediately.  

 

5.  Your status as a seller or a buyer

 

By displaying your items for sale through our website or by placing an order through our website, you warrant that:


- you are legally capable of entering into binding contracts; and

 

- you are at least 18 years old.

 

6.  The contract between the buyer and the seller

 

6.1  We do not review the listings posted on our website and we are NOT involved in the actual transaction between buyers and sellers.

 

6.2  After ordering the items you wish to buy, you will be requested to make an online payment with a debit or credit card or through a PayPal account.

 

6.3  Please refer to the sale policy agreement for any further information about the contract between the buyer and the seller.  

 

7.  Shipping and delivery

 

7.1  The seller is responsible for the shipping of the items to the buyer in a timely manner.

 

7.2  Delivery information and shipping fees:

 

7.2.1  Each seller will specify the countries to which they ship their items.

 

7.2.2  Each seller will also specify the shipping costs for each listed country. 

 

8.  Intellectual Property Rights

 

8.1  The Artorca Limited logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of Artorca Limited (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners.

 

8.2  You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

 

9.  Website content and third party content and information

 

9.1  No other parties than sellers who own the copyright in their work may upload images of their work and display it for sale nor upload images of somebody else’s items or sell items on somebody else’s behalf.

 

9.2  When posting material on our website, sellers must ensure compliance with clause 14 below in relation to Inappropriate Content.

 

9.3  As a buyer, you should be aware that we are not liable for any errors or inaccuracies pertaining to the items as uploaded by the seller(s).

 

9.4  Our website may include links, content and information from third party websites. More particularly all images of items uploaded on the website are the sole property of their creator.  

 

10.  Website user material and conduct

 

10.1  Other than personal data which is covered under the Privacy Policy, any material you transmit or post to our website will be considered non-confidential and non-proprietary.

 

10.2  You are prohibited from posting or transmitting to or from this website any material:

 

- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

 

- for which you have not obtained all necessary licences and/or approvals;

 

- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or

 

- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 

10.3  You may not misuse the Website (including, without limitation, by hacking or authorising other persons to use your subscription password).

 

10.4  We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 13.2 or 13.3.  

 

11.  Disclaimer of warranty and limitation of liability

 

11.1  The website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on it. You expressly agree that your use of this website is at your sole risk.

 

11.2  We reserve the right to withdraw or delete any information from this website at any time in its discretion.

 

11.3  To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this website, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

11.4  Subject to clause 14.5, we will not be liable for losses that result from our failure to comply with this Agreement that fall into the following categories:

 

- loss of income or revenue;

 

- loss of business;

 

- loss of profits;

 

- loss of anticipated savings;

 

- loss of data; or

 

- waste of management or office time.

 

11.5  Nothing in this agreement excludes or limits our liability for:

 

- death or personal injury caused by our negligence;

 

- fraud or fraudulent misrepresentation;

 

- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

11.6  You must ensure that the materials you list on our website do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) (Inappropriate Content).

 

11.7  You shall indemnify us and hold us harmless against all damages, losses and expenses arising as a result of any action or claim that the materials you posted on our website constitute Inappropriate Content.

 

11.8  This clause 14 shall survive the termination of the Contract.

 

12.  Complaints

 

12.1  In the event you have a complaint about the items you receive from a seller registered with us, then you should make the complaint directly to the seller. You may also notify us of the complaint by email at the following address: contact@artorca.com.

 

12.2  All complaints about our services will be handled promptly and courteously by us. All such complaints will be promptly acknowledged in writing and we will use reasonable endeavours to investigate and resolve all complaints timely, provided that you provide adequate information and evidence of the complaint within such time as you shall reasonably request. The result of the investigation in relation to your complaint will be advised to you in writing.  

 

13.  Written communications

 

13.1  Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

 

13.2  We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.  

 

14.  Notices

 

14.1  All notices given by you to us must be given to Artorca Limited at 13 - 15 Regent Street, Nottingham, NG1 5BS, United Kingdom.

 

14.2  We may give notice to you at the e-mail you provide to us when placing an order or when registering with us, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.  

 

15.  Transfer of rights and obligations

 

The contract between you and us is binding on you and us and on our respective successors and assignees.  

 

16.  Severability

 

If any of the provisions of this Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will, to that extent, be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.  

 

17.  Entire agreement

 

17.1  This Agreement and any document expressly referred to in it constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract between sellers and buyers.

 

17.2  We each acknowledge that, in entering into this Agreement, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement or the documents referred to in it.

 

17.3  Each of us agrees that our only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) will be for breach of contract.

 

17.4  Nothing in this clause limits or excludes any liability for fraud.  

 

18.  Our right to vary this Agreement

 

18.1  We have the right to revise and amend this Agreement from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

 

18.2  You will be subject to the policies and to this Agreement in force at the time that you use our services, unless any change to those policies or this Agreement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or this Agreement before you receive the booking & order confirmation (in which case we have the right to assume that you have accepted the change to this Agreement).  

 

19.  Law and jurisdiction


Any dispute or claim arising out of or in connection with this Agreement or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 


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