General conditions of use
ART QUOTATION – THE SITE FOR THE OFFICIAL QUOTATION FOR ARTISTS
Site references for the following addresses: www.art-quotation.co.uk www.art-quotation.world www.art-quotation.org www.art-quotation.online www.art-quotation.fr www.art-quotation.ch
1. – The ART QUOTATION website is the FIRST SITE of OFFICIAL VALUE
representing contemporary artists internationally. This website aims to bring recognition and value by supporting artists of all backgrounds and experiences throughout their entire career.
Terms of use (disclaimer) for the ART-QUOTATION Ltd Group’s websites In opening and using this website, you agree to the following conditions.
The 36 countries affected by the England-based ART-QUOTATION Ltd are
1.United Kingdom 2.Switzerland 3.Spain 4.Portugal 5.Italy 6.France 7.Scotland 8.Ireland 9.Holland 10.Sweden 11.Denmark 12.Germany 12.Poland 13. Austria 14.Croatia 15.Bulgaria 16.Serbia 17.Australia 18.Romania 19.Finland 20.Russia 21.Canada 22.USA 23.Mexico 24.Brasil 25.Argentina 26.Venezuela 27.Turkey 28.China 29.Japan 30.Korea 31.UAE 32.Iran 33.Egypt 34.Ukraine 35. Iran 36. UAE
Provisions and conditions
1. With the exception of contents uploaded to the website by third parties, the entire contents of the website and the software used for this is owned by ART-QUOTATION Ltd or its partners and customers, or they have the exclusive right of use thereof. These contents are protected by copyright, industrial property rights and other intellectual property legislation.
2. It is permitted to download or print out individual pages and/or individual areas of this website insofar as neither the copyright notices nor other legally protected designations are removed and the pages or areas are not used for commercial purposes. If software or other data is downloaded from this website or reproduced in any other manner, all rights shall remain with ART-QUOTATION Ltd.
3. The data protection provisions as per the Data Protection Declaration published on this website apply for personal data or personal contents.
4. The Terms and Conditions for user published on this ART-QUOTATION website apply for the use of ART-QUOTATION Online Viewing Rooms
5. ART-QUOTATION Ltd does not provide any guarantee – either expressly or tacitly – that the contents of this website will be constantly available or are correct, accurate, up-to-date or complete. In addition, ART-QUOTATION Ltd does not provide any express or tacit guarantee that the rights of third parties are not impaired, that access to this website will be possible on an uninterrupted basis or free from malfunctions or viruses, that this
website is safe and that recommendations or views of ART-QUOTATION Ltd that can be derived from this website are correct or reliable.
ART-QUOTATION Ltd is not liable for damage or disadvantages suffered by the user as a result of using or the impossibility of using this website, or as a result of the user having used or relied on this website or on the contents made available on it.
All the contents of this website can be changed at any time without notice. ART-QUOTATION Ltd additionally does not assume any liability or responsibility for losses suffered in conjunction with viruses that have attacked computer systems or other property of users after they have used, called up or downloaded contents of this website. To the extent permitted by law, the user hereby expressly releases ART-QUOTATION Ltd, its managerial staff, directors, employees, suppliers and programmers from all claims for damages resulting from the use of or access to this website.
6. This website can contain links or references to other (external) websites, or can be opened via links from other websites over which ART-QUOTATION has no influence. ART-QUOTATION Ltd does not assume any responsibility for the availability and content of these other websites and is not liable for damage or disadvantages suffered as a result of the use of these contents or access of this type. Any links to other websites are provided solely to enhance the user-friendliness of this website. Users establish the link to the other websites at their own risk. ART-QUOTATION Ltd does not assume any liability arising out
of a breach or omission in the data protection policy of third parties.
7. With the exception of data and information that is protected by our data protection provisions, all messages and material that the user transmits to the website by electronic mail or other means, including data, questions, comments, proposals and the like, will be treated, both now and in the future, as non-confidential and non-protected information.
Everything that the user transmits can be used for all purposes, and in articular for reproduction, disclosure, transmission, publication, broadcasting and dispatch.
ART-QUOTATION Ltd is entitled to use ideas, concepts, know-how or techniques
contained in a message sent to the website by the user for any purpose whatsoever, and in particular for the development, manufacture and marketing of products with the aid of such information.
Jurisdiction and applicable law Any disputes or claims that result from the use of this website or in conjunction therewith are subject to England law and shall be settled exclusively by the courts of London, United Kingdom.
Updating of the conditions of use « Art-Quotation Ltd» reserves the right to modify or correct these conditions of use at any time.
Gérante MS Stefanie BOOTH Fondateur M Frédéric PONT
INTRODUCTION
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website accessible at www.art-quotation.co.uk (Platform) are sold to you. These Terms will apply to any contract for the sale of quotation subscription to you (Contract). When you purchase Products on our Platform. It is clearly identified under the Product information whether you purchase a Product from us. If you purchase subscription from us Parts A and B below will apply. Please read these Terms carefully and make sure that you understand them, before ordering any Subscription from our Platform. Please note that by ordering any subscription you agree to be bound by these Terms and the other documents expressly referred to in it. Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7 in Part A below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 18th January 2018. These Terms, and any Contract between us, are only in the English language.
PART A
1. INFORMATION ABOUT US
1.1 We operate the Platform. We are Art-Quotation Ltd., a company registered in England and Wales under company number 07933299280 United Kingdom. To contact us, please visit our ‘Contact us’ page or email us: asq@art-quotation.co.uk
1.2 A user must be a member to have access on the platform. You will receive personal information about impending campaigns via our email service, provided that you have agreed to receive these emails. Customers control their email preferences on their personal profile page on the Platform.
2. THE PRODUCTS
2.1 The images of the artworks on our Platform are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the artworks.
3. USE OF OUR SITE
3.1 Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5. IF YOU ARE A BUSINESS CUSTOMER
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Platform to purchase Products.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.
6.2 Every time you order Products from our Platform, the Terms in force at that time will apply to the Contract.
6.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 7 only applies if you are a business customer.
7.1 Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.
7.2 Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
8. COMMUNICATIONS BETWEEN US
8.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
8.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: asq@art- uotation.co.uk We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.3 If we have to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us in your order.
8.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Platform, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and any Seller with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by English law. You and we and the Seller agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
12.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We, you and the Artists and Galleries agree to the exclusive jurisdiction of the courts of England and Wales.
12.8 Please contact us at: asq@art-quotation.co.uk directly for all queries, complaints and issues that relate to the Seller’s orders, unless described otherwise in these Terms. Click here for further information about our returns and refunds policy.
PART B
13. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
13.1 For the steps you need to subscribe on our Platform, please see our FAQs section.
13.2 Our subscription process allows you to check and amend any errors before processing payment to us. Please take the time to read and check your subscription package at each page of the order process.
13.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause
13.4 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the subscription has been validated. The Contract between us and you will only be formed when we send you a Confirmation.
14. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If you are a consumer, you have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 during the period set out below in clause 14.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
14.2 You may cancel a Contract at any time, however the consumer must wait until the following payment for this to be in effect. This means that payment for the first year will be taken if you are paying a yearly fee. This applies for artist, galleries and partners accounts.
14.3 To cancel a Contract, you must contact us by using a tool provided within the Platform (within Your Orders section), or in writing by sending an e-mail to asq@artquotation.co.uk You may wish to keep a copy of your cancellation notification for your own records.
15. HOW TO PAY
18.1 You can only pay for Subscriptions using the payment method(s) displayed as available to pay for the relevant subscription packages when you checkout.
18.2 We will only debit your chosen payment method for the amounts payable in relation to the Subscriptions payment Confirmation under Clause 13.4.
16 HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE SELLER
16.1 For questions regarding placing an order on our Platform, please see our FAQs section.
16.2 The order process allows you to check and amend any errors before submitting your order to Seller. Please take the time to read and check your order at each page of the order process.
16.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order on behalf of the Seller. However, please note that this does not mean that your order has been accepted by the Seller or by us. The Seller’s acceptance of your order will take place as described in clause 22.4 in this Part A.
16.4 We will on behalf of the Seller confirm the Seller’s acceptance to you by sending you an e-mail that confirms that your order has been confirmed (Order Confirmation). The Contract between the Seller and you will only be formed when we send you the Order Confirmation.
17. YOUR CANCELLATION RIGHTS IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 To cancel a Contract, you must contact us by using a tool provided within the Platform (within Your Orders section), or in writing by sending an e-mail to asq@artquotation.co.uk You may wish to keep a copy of your cancellation notification for your own records. You will receive a confirmation email from asq@art-quotation.co.uk
18. HOW TO PAY
18.1 We are authorised by the Seller to accept your payment of the Price payable for your orders in accordance
18.2 You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.
18.3 Your chosen payment method will only be debited once your account on our platform has been activated.
19. LIABILITY IF YOU ARE A BUSINESS
This clause 19 only applies if you are a business customer.
19.1 Nothing in these Terms limit or exclude liability for: a) death or personal injury caused by our negligence; under the Consumer Protection Act 1987.
19.2 Subject to clause 15.1 above, the Seller or we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
19.3 Except as expressly stated in these Terms, neither the Seller nor we give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither the Seller nor we will be responsible for ensuring that the Products are suitable for your purposes.
20. THE SELLER’S LIABILITY IF YOU ARE A CONSUMER
This clause 20 only applies if you are a consumer.
20.1 If the Seller fail to comply with these Terms, the Seller are responsible for loss or damage you suffer that is a foreseeable result of the Seller’s breach of these Terms or its negligence, but the Seller are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Seller at the time you entered into the Contract.
29.2 Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and neither the Seller nor we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
29.3 Nothing in these Terms limits or excludes liability for: a) death or personal injury caused by the Seller’s negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987