Terms and Conditions of Purchase and Use
1.- What accepting the terms and conditions of purchase and use for the buyer and seller entails.
The terms and conditions of purchase and use for buyers and sellers ("Terms and Conditions of Purchase and Use") sets out the legal terms that apply to the use of the www.artalistic.com site ("Website").
We advise you to read them carefully each time you use our website, as we reserve the right to modify them.
Certain words used in these Terms and Conditions have a concrete meaning when they begin with a capital letter (at the beginning of or in the middle of a sentence). To know the meaning a word, please refer to the part of these Conditions where it has been defined and appears in parenthesis and quotation marks.
When we refer to "we," "us" or "our", we refer to Artalistic. When we refer to "you," "your" or "yours," we refer to you, the person using Our Services (this individual may be seller or buyer, depending on the case).
2.- Our Services
Artalistic is an e-commerce company specializing as an intermediate for the purchase and sale of modern works of art - from 1880 to 1950 - and post-war and contemporary works - from 1945 to the present day - ("Art Work or Art Works"). Our website is aimed at individuals, professionals and artists.
Our Services ("Our Services") consist of providing you with a set of digital tools to connect the person who wishes to sell his/her Art Works ("Seller") whether he/she is a private individual, professional or artist with the person who wishes to buy the Art Works ("Buyer") whether he/she is an amateur, collector or professional. They also consist of creating a community united around a passion for ART.
The pages promoting the Art Works are put on the Website free of charge after validation. Transactions for the purchase and sale of Art Works made through our Website are directly established between the Buyer and the Seller. They must accept the Terms and Conditions in order to access Our Services and to open a personal account ("Personal Account") on our Website. Therefore we are not a part of the sales contract that is concluded between the Seller and the Buyer, since we only act as an intermediary.
We reserve the right to interrupt access to Our Services at any time, without notice or compensation, for users (Sellers or Buyers) who fail to comply with the Terms and Conditions.
We will always ensure the quality of Our Services and if you wish, you can send us your comments and suggestions regarding Our Services and your experience on our Website, by sending us an email at firstname.lastname@example.org.
3.- Our Art Works
To appear on our Website, the Art Works must fall into one of the following categories ("Categories"):
- Painting: oil painting, acrylic, mixed media (etc.).
- Limited edition: stamp print, lithography, silkscreen printing, engraving (etc.).
- Drawing: ink on paper, watercolor, collage (etc.).
- Sculpture: bronze, steel, wood, resin (etc.).
We will not accept Art Works that do not meet our evaluation criteria, which include, but are not limited to, the following: artists not listed in our databases and not having a rating on the art market, Art Works in a poor state of preservation, Art Works of uncertain provenance, photographs of poor quality Art Works, or the absence of a certificate of authenticity for unique Art Works.
When you wish to sell an Art Work, we advise you to take the time to complete the sales request form, depending on your selling status: individual sales form ("Individual Sales Form"), professional sales form ("Professional Sales Form") or Artists Sales Form ("Artists Sales Form"). Please provide as much information as possible because we use this form to make our decision on whether or not to post the advertisement online. From the moment you submit a Sales Form to us, we do everything possible to give you an answer within a maximum of two working days and to justify any refusal. The grounds for refusal may be, for informational purposes only, and not limited to the following: the Art Work was not created in the modern era, the Art Work does not fall into any of the Categories, the Art Work is damaged or in poor condition, the Art Work does not have a certificate of authenticity (mandatory for some Art Works), the price charged for the Art Work is far too high or does not correspond to the actual market value, or the artist of the Art Work is not listed in our databases and does not have a previously established reputation on the art market. Artalistic reserves the right to refuse Art Works if they do not comply with these Terms and Conditions.
If you have documents that accompany the Art Work: purchase invoice (gallery, auction), expertise and/or a certificate of authenticity, please send them to us, as this information will be valuable for making the final decision. For more information, you can consult the section entitled "Other Important Information for Sellers."
4.1 Sales procedure:
The Seller may be an individual ("Individual Seller"), a professional ("Professional Seller") or an artist ("Artist Seller"). The selling status of each individual will be marked on the Website.
If you want to sell Art Work you must complete the following steps:
Step 1: To proceed with your online registration, you must provide us with your personal data and information relating to the Art Work you wish to sell (physical characteristics, prices and photos). To do this you must create a Personal Account via the Personal Sales Form, Professional Sales Form or Artist Sales Form, depending on your selling status. All sellers must accept the Terms and Conditions without restrictions or reservations. This acceptance is formalized by checking a box provided for this purpose on the Sales Form.
We will ask you, as part of Our Intermediation Services (since we never take part in the sales contract), to give us a mandate to:
- Enter into a sales contract in your name and on your behalf.
- Issue an invoice in your name and on your behalf.
- Receive the sums paid by the Purchaser, in your name and on your behalf, when an Art Work is purchased.
This mandate is formalized by checking a box provided for this purpose on the Sales Form.
You will also be asked whether or not you would like to receive our newsletters at the email address you have provided. This acceptance is formalized by checking a box provided for this purpose on the Sales Form.
You agreed to consulting your emails regularly and replying to messages sent by Artalistic and/or the Buyer within the set time limits. In the event of absence or unavailability for more than two working days, you must temporarily suspend the advertisement for the Art Works by logging into your Personal Account.
You can change the information at any time, via access to the Personal Account section of the Website. You are solely responsible for the information provided and Artalistic cannot under any circumstances be held liable in the event that a third party accesses the Website using your email address and password. You are required to notify us of the loss, theft or fraudulent use of your Personal Account information by sending an email to email@example.com.
Step 2: Once we have validated your Sales Form, we will publish the advertisement on the Website for free.
Step 3: When a Buyer wishes to purchase an Art Work, he must add it to his/her shopping cart. He/she then receives an email from us confirming that his/her order has been taken into account. You, the Seller, will then receive an email from us asking you to confirm that the Art Work is available, you must reply to this email within two working days. If the Art Work is available, you must accept the order ("Seller Acceptance"), if the Art Work is not available you must refuse the order ("Seller Refusal").
The Buyer may also submit an offer to negotiate the price ("Offer to Negotiate Price") by indicating the price they with to negotiate ("Negotiated Price"), only if you, the Seller, have chosen this option in the Sales Form. You, the Seller, will then receive an email from us asking you to confirm the availability of the Work and accept the Offer to Negotiate Price, to which you must reply within two working days, or alternatively make a counter-offer ("Counter-offer"), which the Buyer may in turn accept ("Buyer Acceptance") or refuse ("Buyer Refusal"), within two working days after the exchange of emails.
The sales contract between the Seller and Buyer is only concluded once Seller Acceptance or Buyer Acceptance has been confirmed and the Buyer’s payment for the Art Work has been received. The Buyer will be informed by email that his Offer to Purchase has been accepted by the Seller and that he/she must proceed by making the payment for his/her order via a bank wire transfer within two working days, or depending on the payment method selected, he/she will be informed that the amount will be charged to his/her credit card.
If Artalistic does not confirm that they received the payment within two days, the order is automatically cancelled, and you, the Seller, are entitled to put the Art Work back on sale on the Website.
4th step: You must ship the order within seven working days after receiving our email confirming payment validation. For more information on shipping and delivery, please refer to the section entitled "Delivery time, methods and costs."
5th step: Once the Purchaser has confirmed that they have received their order or the delivery company has confirmed that the delivery was successful, we will pay you the amount due for the Art Work within seven days, minus our Commission fees. This payment will be made to the bank account that you provided in your Personal Account. This sum will not be used (legally or for any other purpose) during the time that the funds are in Artalistic's possession.
4.2 Seller Obligations – Applicable to All Sellers
The Seller is solely responsible for the quality, authenticity and origin of the Art Works and for the information they provide about them, which helps facilitate our job as intermediary. He/she guarantees to have right of ownership or rights authorizing him/her to the Art Works as well as the intellectual property rights necessary to allow Artalistic to display them on the Website.
The Seller is solely responsible for providing true and accurate information and is committed to updating it if necessary. Updated information should be sent by email to firstname.lastname@example.org.
4.3 Professional Seller Obligations:
In any commercial transaction, you agree to comply with the legislation applicable to commercial activity and to act in accordance with the rules and offer quality sales and after-sales services.
Once your sales form has been accepted, we will provide you with the following steps that need to be taken and propose several subscription options for you to choose from. For more information, please consult the section entitled, "Intermediation Rates Chargeable to the Seller and Subscriptions."
5.- Purchasing Art Work on the Website
In order to purchase Art Work on the Website, you must create a Personal Account. It will also allow you to use various features provided on the Website (ask a question or post a comment on an Art Work, follow your favorite artists or Art Works, receive our Newsletter, etc.).
In order to place an order you must be of legal age, be authorized to use the payment method of your choice (card or bank wire transfer) and ensure that there is enough money in the account to cover the cost of the order.
If you want to purchase an Art Work the following steps must be completed:
Step 1: To purchase, simply add the Art Work of your choice to your cart by clicking on the "add to cart" button. You must register and create a Personal Account in order to place an order if you have not done so before.
You can also post an Offer to Negotiate Price (if the Seller has indicated that the Price is negotiable). In this case, you will inform the Seller of your desired buying Price.
Step 2: To create your Personal Account, you will be asked for your personal information, which will be necessary for competing the order. You must also provide the information for the payment method of your choice (credit card or bank wire transfer). For more information, you can consult the section entitled, "Payment Methods and Procedure." You will also be asked to accept the Terms and Conditions without restrictions or reservations. This acceptance is formalized by checking the box provided for this purpose.
You will finally be asked whether or not you would like to receive our newsletters at the email address you have provided. This acceptance is formalized by checking the box provided for this purpose.
You can change the information you provided at any time by accessing the Personal Account section of the Website. You are solely responsible for the information provided and Artalistic cannot under any circumstances be held liable in the event that a third party accesses the Website by using your email address and password. You are required to notify us of the loss, theft or fraudulent use of your Personal Account information by sending an email to email@example.com.
Step 3: You will receive an email from us confirming that your order has been processed. Within two working days, you will receive an email informing you if the Art Work is available.
If you have submitted an Offer to Negotiate Price, in the event that the Seller has chosen this option, within two business days you will receive an email informing you about the availability of the Art Work and whether or not the Seller has accepted or rejected your Price Offer to Negotiate Price, at this time you will also receive the Seller's Counter Proposal. You must reply to our email by choosing between the Buyer Acceptance (if you accept the Counter Proposal) or Buyer Refusal (if you do not accept it) options.
The sales contract between the Seller and Buyer is only concluded when one of the Seller Acceptance or Buyer Acceptance options has been selected, this holds the buyer accountable to the payment conditions and must purchase the Art Work.
When you, the Buyer, are informed by email that the Seller has accepted your Offer to Purchase, you will be asked to pay for your order within two working days depending on the payment method you selected, either by bank wire transfer (in this case, Artalistic's bank details will be facilitated) or you will be informed that the amount will be charged to your credit card.
If Artalistic does not confirm receipt of payment within two days, the order will be automatically cancelled.
Step 4: We will send you an email confirming that the payment was received and another email when the Seller gives the Art Work to the shipping company. Once we have notified him/her that we have received your payment the Seller has seven working days to ship the Art Work(s).
Step 5: Once the package has been received, you, the Purchaser, will be asked to use your Personal Account to confirm that the Art Work was received and to leave a review about your experience with the Seller, for example: his/her reactivity when answering questions, whether or not the Art Work received met the description in the advertisement, whether or not the Art Work was shipped promptly and the quality of the packaging. We encourage you to share your experiences with us in order to improve Our Services.
6.- Art Work Price
The price ("Price") of the Art Works is set by the Seller and includes VAT. This price does not include delivery charges and customs duties, local taxes, and/or import duties. The Seller guarantees that the Price does not exceed (excluding delivery costs, taxes and duties) those of any other vendor.
The Purchaser is the sole individual responsible for any delivery charges ("Delivery Charges") that may vary according to the Art Works ordered and the location of the delivery address. These Delivery Charges will be clearly posted on the Website when the order is being placed. For more information, consult the section entitled, "Delivery time, methods and costs."
In the event that, depending on the country the order is being delivered to, customs duties, taxes or other import duties are applicable, it is the Buyer's responsibility to declare the goods and pay any additional fees. We strongly advise you to check with the authorities before placing an order.
Although we do our best to ensure that all information concerning the Art Works and Prices on the Website are correct, errors can occur. If you notice an error, please contact us by sending an email to firstname.lastname@example.org.
7.- Intermediation Rates Chargeable to the Seller and Subscriptions
Posting an advertisement on the Website is free of charge. We only take a commission for serving as the intermediary ("Commission") when a sale is concluded with a Buyer through our website.
Our Intermediation Rates ("Intermediation Rates"), which are charged to Sellers, are as follows:
You are a Private Seller: our Commission on a concluded sale is 20% of the Price of the Art Work including VAT.
You are a Professional Seller: our Commission on a concluded sale, which is deducted from the Price of the Art Work including VAT, varies according to the subscription ("Subscription") you have selected and which is valid for one year. The different options are as follows:
- CYAN Subscription: free and 20% commission on sales.
- MAGENTA Subscription: €190/year and 15% commission on sales.
- YELLOW Subscription: €390/year and 12% commission on sales.
- BLACK Subscription: €790/year and 10% commission on sales.
You are an Artist Seller: our Commission on a concluded sale is 20% of the Price of the Work including VAT.
The Prices displayed for Works will therefore include our commission, but do not include delivery charges or customs duties, taxes or other import fees that may be accrued. Any of these additional fees will vary according to the Art Works purchased and the location of the delivery address. For more information, please consult the section entitled, "Delivery time, methods and costs."
You can pay for the Art Works by credit card (Visa, MasterCard, American Express) or with a bank wire transfer (the Purchaser will be charged any bank fees) to Artalistic, who acts in the name of and on behalf of the Seller. Wire transfers must be made for payments of €3,000 or more. In this case, Artalistic's banking information will be provided with your order confirmation. We reserve the right to ask the Purchaser for a photocopy of his/her identity document. In order to prevent fraud, all your credit card payments will be subject to 3D Secure verifications.
The Seller is solely responsible for sending the Art Work out for delivery. It must be sent by a shipping company of their choice to the address provided by the Purchaser. The work may be delivered by the Seller in person in the case of geographical proximity or for fragile or large works. In this case, the Purchaser will not be charged any additional costs. The Seller must indicate the accepted delivery method for each Art Work on the Website.
The Art Works are sent at the sole risk of the Seller, who has chosen the means of transportation. The Art Works are transported and delivered at their own risk. The shipping company must be professional and will be held responsible for the delivery.
It is imperative that the Seller sends the following documents to the Buyer with the shipment containing the Art Work:
- A purchase invoice with the price of the Art Work (only for Professional Sellers).
- A certificate of authenticity (for unique works).
Artalistic will provide the Seller with the Buyer's contact details no later than twenty-four hours after the payment for the order has been received and verified. Artalistic will only give the Seller the Buyer's information that the Seller needs to send the order and to ensure that the Buyer receives the shipment in good condition. This includes the last name, first name, postal address and telephone number.
The Seller must provide us with the shipping company’s name and the package’s tracking number once they receive our payment confirmation email and before they ship the Art Work.
The Buyer will be charged for the delivery. Prices may vary depending on the Art Works ordered and the location of the delivery address. An estimate of the Delivery Costs for each order will be clearly displayed on the Website before the Buyer places an order.
Depending on your delivery address, different tax rules and other charges may apply. We cannot control these fees and we cannot foresee how much they will cost. The Purchaser is solely responsible for paying such taxes and customs duties, which are not included in the Price.
Please note that in the event that you return an Art Work, as provided for in the "Right of Withdrawal" and "Right of Objection" sections, the Delivery Charges will only be refunded for returns within the EU and the Purchaser is the sole individual responsible for paying Delivery Charges for returns outside the EU. Customs duties and taxes will under no circumstances be refunded and you are therefore solely responsible for claiming them from the competent authority.
The Purchaser has a right of withdrawal ("Right of Withdrawal"). After receiving the Art Works, the Purchaser has fourteen calendar days to use their Right of Withdrawal, without justifying the cause and without penalty.
To exercise this right, please notify our customer service by sending an email to email@example.com. We will notify the Seller by email and tell them what steps need to be completed next. We will organize the process of returning the Art Work with the Seller.
For the Art Work to be returned, it must be in perfect condition and shipped in the original packaging or similar packaging. For more information on how to handle and package an Art Work, you can consult the section entitled, "Other Important Information for Sellers."
We will refund the Buyer for the Art Work at the price that it was sold. If the return takes place in the European Union (EU), we will pay for return shipping costs (they will be refunded to the Purchaser after we have obtained confirmation from the Seller that the Art Work has been received in good condition). The Purchaser must pay for return shipping costs if they are located outside of the EU. Customs duties and taxes will under no circumstances be refunded and you are therefore solely responsible for claiming them from the competent authority.
11. - Right of Objection
The Purchaser may file a complaint regarding the Art Works purchased, by sending an email to Artalistic at firstname.lastname@example.org within twenty-one days of receipt or expected receipt of any Work, for the following reasons:
▪ Order not received.
▪ Order received but the piece does not meet the description present in the advertisement: the Art Work does not correspond with the one ordered.
Artalistic will inform the Seller of this complaint and will no longer be held responsible in this dispute. Any dispute concerning this claim must be settled directly between the Seller and the Buyer.
If the Seller and Buyer come to the decision that the dispute may be resolved by returning the Art Work, the Seller must organise its return and take on any addition costs. If at that time Artalistic has not yet paid the Seller the Price of the Art Work, it will be released once they have received confirmation from the Seller that the Art Work has been returned in good condition. Under no circumstances does this concern the payment of Artalistic’s Commission. The Seller must pay for the agreed upon Intermediation Rates.
12. - Other Important Information for Sellers
Here are some tips for taking pictures of the Art Works you want to sell on our Website:
▪ Take a picture of the Art Work as a whole, centred with a good composition and on a neutral background.
▪ Also take a picture of the back of the Art Work, essential information can often be found on the back.
▪ The signature and date.
▪ All the details that might interest us: a scene, face, missing or broken elements, etc...
▪ Avoid flash and overexposure.
The following provides some tips for handling and packaging Art Work:
▪ When handling Art Work, always make sure your hands are clean. You can also use cotton gloves to avoid leaving fingerprints on the piece.
▪ Before shipping your Work, it is imperative to properly package the Art Work as transporting the piece can damage it if it is not well protected.
The following provides some tips for shipping your Art Work to avoid damage:
▪ The necessary equipment and tools are:
Box cutters/scissors, crepe masking tape (to attach the packaging around the Art Work) and large brown tape (for the outside of the package), pH neutral tissue paper to protect photographs and graphic Art Works, bubble wrap – place the flat side of the bubble wrap facing the Art Work! In order to properly protect the Art Work during transportation use the following items to absorb vibrations: spacers (cardboard, Masonite, etc.) can be used to protect the front and back of a painting. Padding (old newspapers or torn magazines) - no free space should be left in order to block the Art Work snuggly in its packaging. Cardboard tubes can be used for canvases without frames, prints and drawings on paper. Double or triple wall corrugated cardboard for the outer packaging, which must be in perfect condition.
▪ Please indicate the top and bottom on the package so that the Art Work remains upright.
▪ Remember to protect the corners, they are vulnerable during transportation. The packaging must protect both the front and back of the Art Work.
13.- Intellectual property
The elements that appear on our website www.artalistic.acom, without limitation - photographs, illustrations, logos, music, sound effects, programs, texts, domain names, trademarks, information, graphics and any other original element of our Website - are the property of Artalistic (or third parties who we have been granted the corresponding rights of use) and are therefore protected by intellectual and industrial property rules.
Any reproduction, transmission, use, modification, publication, processing, transformation, compilation, modification, distribution, broadcasting or communication, in whole or in part, of the contents of the Website is prohibited without the prior written consent from Artalistic.
The use of our website is limited to the private and personal use of its content, to the exclusion of any other purpose, always in accordance with the law.
The Seller authorizes Artalistic to distribute the facilitated information about the Art Work, worldwide on the Website in a non-exclusive manner.
Our website has been designed in order to function properly. However, certain external events may prevent it from always being available and for which we cannot be held responsible.
We are not liable for any damage caused or likely to occur as a result of the use of the information, content and programs included on the website, including, but not limited to: errors or omissions in the content, website malfunction or transmission of viruses or malicious or harmful programs in the content, despite the adoption of all necessary technical measures to prevent it.
Our website may redirect to third party websites, the content of which we do not control, and for which we are not responsible if its content contravenes applicable legislation. The information contained on the Website is valid from the date of the last update and Artalistic does not guarantee that there will be no errors when accessing the Website or in the content, particularly with regard to the information and/or images of the Art Works. However, we will take appropriate measures to avoid, correct and/or update them as soon as they are detected or the user informs us of their existence.
The Buyers and Sellers are responsible for the information provided to Artalistic, who can under no circumstances be held liable. Artalistic cannot be held liable in the event that a third party has access to the Website by signing in with the Buyer's or Seller's personal information, who must notify Artalistic of the loss, theft or fraudulent use of their information.
In the event that a problem occurs on the Website’s servers and security systems, due to a misleading or negligent action, direct or indirect, on the part of the Buyer or the Seller, they will be held solely responsible.
Buyer and Seller are responsible for compliance with applicable laws and regulations and the rules applicable to the use of the Website’s applications. Misusing the Website is prohibited, in particular and not exhaustively: use contrary to Andorran legislation or which violates the rights of third parties.
Artalistic, acting as an intermediary, declines all responsibility for sales concluded via the Website. Any complaint made by a Buyer to Artalistic will be transferred to the Seller, who will assume full and sole responsibility for it.
15.- Protection of personal data
The individuals responsible for processing your personal data provided by our website www.artalistic.com is:
SO ART & CO, SLU
Headquarters: Carretera del Forn, El Bosquet 2-3
Canillo (AD 100) Principality of Andorra.
Telephone: +33 616 761 509
E-mail address: email@example.com
In order to ensure the security of your personal data we have a SSL certificate (HTTPS), which guarantees that our Website is secure and that your personal data is protected and encrypted and that we have an outsourcing service, server security updates and CMS e-commerce software security patches.
These Terms and Conditions are subject in their entirety to Andorran law and any dispute relating to their interpretation and/or execution falls within the jurisdiction of the Courts of the Principality of Andorra, which are the only competent courts, because with the acceptance of these Terms and Conditions you have waived any other jurisdiction.