The Platform allows you to purchase via Artistellar The Artist has consigned the Property to Artistellar pursuant to a consignment agreement, whereby Artistellar has been appointed by the Artist to act as its agent in arranging the sale and purchase of the Property through the Platform or otherwise.
Artistellar is not the seller of the Property, but provides certain services in connection with your purchase of the Property. Artistellar is authorised by the Artist to sell the Property on his/her behalf and therefore any contract for sale for the Property will be between you and the applicable Artist. Artistellar is not a party to that contract of sale and you and the Artist will each be separately responsible and liable to one another under the terms of that contrac t.
1) Material on the Site
The owner and the operator of the Site is Artistellar Ltd. The content displayed on the Site, including but not limited to graphics, logos, text, images, video, audio, data, coding, scripts, and other material (collectively “Material(s)”) are the property or licensed content of Artistellar Ltd. and are protected by copyright under the laws of the United Kingdom or by Artistellar’s Ltd.’s partners as clearly outlined. The User may only view or use any Materials on the Site solely for personal, non-commercial use.
You must not (unless receiving an express written prior confirmation of Artistellar Ltd.) republish any Materials from the Site including republication on another website; archive, sell, rent or sub-licence Materials from the Site; copy or otherwise exploit Materials on the Site; edit or otherwise modify any Materials on the Site. Unauthorized use of Materials on the Site could violate copyright or other laws. You must not sell works that are on the Site. Some of the Materials on the site may contain watermarks, logos, trademarks or other associated demarcations. You are prohibited from using, tampering, obtaining, modifying or distributing any of these attributes without the prior express written consent of Artistellar Ltd.
Warning: If you are under 18 you may only use our website with the involvement of a parent or guardian. The Site is not intended for minors. Please be aware that some of the artworks shown on our website may contain nudity, graphic material and literary content that some people may find offensive and/or inappropriate. It is the responsibility of the parent or guardian to determine whether or not any material displayed on the Site is inappropriate for the minor using the Site under their supervision.
2) Acceptable use of the Site
You agree not to interfere with how the Site is run. You must not use the content of the Site for systematic processing, linking to other copyrighted works, creating of databases or activities other than viewing the Site for the personal use. You agree not to gather information about our Users. You agree that you will not take any action that imposes an unreasonable load on our servers. You must not conduct any data collection through the use of robots or spiders. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute material that consists of (or is linked to) any virus, spyware, worm, or other malicious software. You must not use our site in any way that is unlawful, fraudulent or harmful. You must not use our website to transmit unsolicited commercial communications without our prior express written confirmation.
By using the Site you have access to our Site and the information therein that is nontransferable and non-exclusive
The Site may only be used for lawful purposes. You are responsible for everything that you post, transmit, share or upload on the Site and the consequences of doing so. We may also impose rules for your access to the Site or content posting privileges and we may change these rules and privileges at any time without notice.
You are prohibited from any unlawful behaviour involving the Site including: impersonating someone else, posting inaccurate information, encouraging illegal activity, posting copyrighted material, interfering with the Site’s networks, servers or code, and attempting to use the Site to gain access to another computer.
3) User Content
You agree that all the information that you give to the Site is accurate, current and true. We reserve the right to refuse any sale request and refuse to respond to any enquiry. We also reserve the right to remove and/or edit content that you have provided at our sole discretion for any reason.
Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, stored on our servers, or hosted or published upon our website.
4) Variations of this Contract and Modifications to the Site
We reserve the right to, at our sole discretion and without notice to change, terminate, or suspend the Site or anything contained on the Site.
We may alter or discontinue any part of the Site or any services that we offer without notice, and at our sole discretion, without any liability to any user.
You agree to use the Site at your own risk. Artistellar Ltd. does not guarantee a faultless and uninterrupted operation of the Site. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms and only within the limits of the correct use of the Site www.aristellar.com.
We, our agents, directors, officers, successors, subsidiaries, divisions, distributors, suppliers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
a) For any loss of revenue, sales, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
b) For any indirect, special or consequential loss, damage, costs or other claims, however caused or arising.
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether expressed or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
Our liabilities and responsibilities, and those of artists, to collectors in relation to the artworks they purchase are entirely governed by the Artistellar Ltd. Terms of Sale (8). We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You hereby acknowledge that this clause shall apply to all content, products, information and services available through the Site.
The provisions of this Clause (6) shall survive the termination or expiry of these Terms.
You agree to hold Artistellar Ltd. and its employees, directors, partners, vendors, galleries, artists, contractors, institutions, representatives, affiliates and couriers harmless from any and all direct, indirect or consequential losses, liabilities, costs, damages or losses, including reasonable legal, expert and accounting fees, resulting from any claims resulting from your use of Materials on the Site. Your indemnification obligation described herein will survive the termination of these Terms and your use of this Site.
8) Personal Data
Some services provided by Artistellar Ltd. on the Site (e.g. generating a request to send a newsletter) may be fully or partially conditioned by the provision of certain personal data of the User in the sense of personal data protection legislation.
Artistellar Ltd. undertakes to handle the personal data sent in accordance with the applicable legal regulations and to use them only to the extent necessary to fulfill the purpose for which the data are obtained, and always in such a way as to prevent any harm to the data subject.
II. TERMS OF SALE
All prices on the Internet platform of Artistellar Ltd. are in British pounds and are exclusive of applicable statutory value added tax.
The payment methods displayed at the completion of the ordering process are available to the customers.
When you place an order, you permit Aristellar Ltd. to charge the credit card or other payment method in the total amount of your order. This includes any shipping, handling and packaging.
Artistellar Ltd. reserves the right to reject your order and re-list any artwork for which you have placed an order. For example, Artistellar Ltd. may reject your order if you do not live in a country where a delivery can be made. If the delivery address is outside the UK the buyer agrees to pay all applicable importing duties.
When your order is placed and accepted by Artistellar Ltd., we will send you an order confirmation via email which will include details of your order and an order number for your reference. Once the item is shipped we will provide you with a tracking number for the artwork.
You agree that only a person over the age of 18 or legal entity will receive the artwork that you have purchased and that the address you have provided us with at the checkout stage is a valid address.
Artistellar does not pack or ship the Property or provide any insurance in relation thereto. Artistellar will, on your behalf and at your expense, procure shipping services by third party shippers. The shipper will ship the Property as your agent to the address designated by you. Artistellar shall not be liable for any damaged or lost Property, which shall remain the responsibility of the third party shipping company.
As the seller, the Artist is in possession of the Prope rty. Artistellar shall use reasonable endeavours to ensure that the Artist releases the Property purchased by you within seven (7) days of the Artist being notified by Artistellar that Artistellar has received the Price in cleared funds. If the Artist fail s to release the Property for shipping within thirty (30) days from the date of Artistellar’s receipt of the Price in cleared funds, you acknowledge that your sole remedy shall be a refund of the Price paid to Artistellar.
Upon receipt of any artwork(s) purchased from us you agree to thoroughly inspect the package for any damage prior to signing an agreement with the deliverer that indicates you have received the package. Should you notice any damage on the package you agree to notify us immediately.
If a charge to the account of the customer via debit or credit card fails and the customer is at fault, the customer must reimburse Artistellar Ltd. for any resulting bank charges.
An individual payment method with Artistellar Ltd. can also be arranged. However, this must always be done in writing and mutually agreed between the parties.
The shipping is free on all orders. However, on artworks being shipped internationally, you may need to pay customs and/or import fees in order for the work to be released for delivery.
Customs duties and import fees aren’t included at the checkout, as they’re set by the artwork’s destination country and are charged directly by the country’s customs office. In most cases, either the customs office or the courier will be in touch with you if any fees are due. We’ll keep an eye on your tracking too, so we're able to help with customs if needed. It’s worth noting that in the case of returns, any customs or import charges you’ve paid are non-refundable.
Customs duties and import fees vary from country to country. We’ve included customs details on our most popular delivery destinations below. For other countries, or for more information, you can contact your local customs department directly to find out details specific to your delivery country.
VAT for artworks being imported into the UK is charged at 5% of the declared value of the artwork. This includes artworks imported into the UK from the EU. Customs duty is not applied to artworks entering the UK.
Customs duty for artworks being imported into Europe is charged at between 4-20% of the declared value of the artwork, depending on your country. Contact your country’s customs office for more details. Intra-EU orders are excluded from customs duties.
For artworks valued up to $2,500 being imported into the US, you won’t need to pay customs duties. For artworks over $2,500, a specialist broker will need to process the artwork through customs clearance. In this case, a minimal fee is due.
Third party shipping will ship the property as your agent to the address designated by you. Artistellar Ltd. shall not be liable for any damaged or lost Property, which shall remain the responsibility of the third party shipping company.
Unless a definite delivery date has been expressly agreed, any information is nonbinding.
The start of the delivery period specified by Artistellar Ltd. requires the timely and proper completion of all the necessary customer’s obligations. We reserve the right to enter an objection to an incomplete contract.
As the seller, the Artist is in possession of the property. Artistellar Ltd. shall use reasonable endeavours to ensure that the Artist releases the property purchased by you within seven (7) days of the Artist being notified by Artistellar Ltd. that Artistellar Ltd. have received the price in cleared funds. If the Artist fails to release the Property for shipping within thirty (30) days from the date of Artistellar’s Ltd. receipt of the price in cleared funds, you acknowledge that your sole remedy shall be a refund of the price paid to Artistellar Ltd.
It is your sole responsibility to enter the correct delivery address details at the time of ordering. Please contact us on firstname.lastname@example.org as soon as possible if an order does not arrive. Risk in the artworks shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.
3. Returns policy
1. In accordance with your rights, you have 14 days to request a refund from receipt of the artwork by contacting us on email@example.com.
2. Upon notifying Artistellar Ltd. of your request to refund and from that date, you have a further 14 days in which you must return the artwork to us. You understand that the artwork must be maintained and handled with care whilst in your possession
3. You agree to pay for all costs for returning the artwork to us.
Please note that Artistellar Ltd. is not responsible for any damages or loss occurring through return shipping and will in this case not be able to release your refund.
The refund will be paid to you via the original method of payment within 10 days after the satisfactory return of the undamaged artwork.
III. International use of Artistellar Ltd. and applicable law
You must ensure that you comply with the laws that apply to you and your use of Artistellar Ltd., including, as to User Content, the artwork that may be viewed and purchased through Artistellar Ltd. That use may be prohibited or restricted in various jurisdictions.
You agree that the laws of the United Kingdom shall govern these Terms and the use of the Site.
IV. Entire agreement
We are a UK registered company with Company House no. 12617219 and
Our registration address is:
20-22 Wenlock Road, London, N1 7GU
If you have any inquiries please email us at: firstname.lastname@example.org