Buyers Terms of Sale
- Introduction to Artscapy
Welcome to the Artscapy Marketplace (the “Marketplace”). These Buyers Terms and Conditions of Sale ("Terms") are an agreement between you, a collector looking to buy artwork on our Marketplace ("you" "your" or the “Buyer”), and Artscapy ("Artscapy" or "we" or "our" or "us") that governs your access to and use of our Marketplace, products, and services (collectively, "Services") for the purpose of buying artwork. By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.
- Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
- If you are using the Services on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to bind that entity to these Conditions, in which case the terms “you” and “your” in these Conditions will refer to that entity. In these Conditions, “on the Services” means on the Artscapy website and/or (as applicable) on any Artscapy application that you may use.
- From time to time we may change these Terms and it is your responsibility to check the Terms, which apply as at the time of your order.
- The Marketplace
- Artscapy utilises an online Marketplace, where we bring together art institutions, galleries, museums, auction houses, dealers and collectors who buy and sell unique artwork, using the website, which is owned and operated by us, Artscapy Limited.
- Unless otherwise notified on the Marketplace you are not buying anything directly from us.
- All property in the Marketplace is offered for sale and sold directly from the seller to the Buyer, and we are not a party to any sale.
- We may facilitate communication between Buyers and sellers in connection with some property. However, we are not the agent of any Buyer and we are not the agent of any seller for any purpose.
- At our discretion, we may review behaviour and messages where we believe sellers have attempted to circumvent the Marketplace for completing the sales transactions for the purpose of avoiding paying commission charges. Artscapy maintains the right to prevent users from sharing contact information across the platform.
- Artscapy facilitates due diligence on assessing the authenticity of artworks for sale, but does not assume liability for guaranteeing the authenticity of the artwork
- Artwork sold on Artscapy, whether by individual or professional sellers, are sold 'as-is', with the condition descriptions as advertised by the seller. Professional sellers (galleries, auction houses, dealers etc.) may have their separate conditions of sale and when agreeing to purchase artworks from such sources, those conditions of sale shall apply.
- Uploaded Information and Images
Sellers upload information about their artwork and we rely on this together with any images they upload. We make every effort to ensure that anything displayed on our website, including any content or any email or information sent to you, is displayed as accurately as possible in accordance with the seller’s upload but we cannot be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we cannot guarantee that this will be accurate or to scale.
Buy Now or Make an Offer
- Pricing can be set at a predetermined level (“Buy Now”) or subject to negotiations (“Make an Offer”). Where available, the Buy Now feature will be indicated on the Services with a "Buy Now" button.
- Buy Now orders are binding on you. When you place an order using the Buy Now feature, you are required to complete the transaction subject to these Terms. When using the "Buy Now" feature, the property remains available for sale on the marketplace until You have completed the purchase. You need to proceed with payment, choosing the available payment methods provided by the Seller. If you choose to pay with a bank transfer, you need to clear the pending transaction within 7 days.
- For some items, the Make Offer feature may also be available, indicated on the Services with a “Make Offer” button. In these cases, you may be able to place an offer for such items using the feature, and the seller may choose to accept your offer or respond with a counter-offer. The property will not be removed from a seller’s inventory until such time as a seller accepts either Buy Now or Make Offer.
- We reserve the right, at our absolute discretion, to:
- (a) Reject or revoke your registration or permission to “Buy Now” or “Make Offer” at any time; and
- (b) Reject, revoke or refuse to accept any such order or offer at any time
- You also represent and warrant that any purchases made or offers placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement.
- Customer Due Diligence and AML
- As an Art Market Participant, Artscapy is obliged to perform Customer Due Diligence (CDD) and follows strict Anti Money Laundering (AML) regulations.
- We insist on a comprehensive and thorough customer due diligence and AML compliance framework. This includes monitoring of suspicious transactions and obligatory reporting to local regulators and other compliance bodies.
- We reserve the right to refuse purchase transaction execution to Buyers who have not passed the identity verification check and are proven to not meet the international AML standards
- We reserve the right to perform periodically Customer Due Diligence on Buyers based on their risk level and our ongoing risk assessment.
- Buyers identified to possess a high risk to Artscapy and the platform will be limited in their ability to execute purchase transactions
- To be eligible to execute a purchase transaction or a series of linked transactions on an artwork that amounts to 10,000 EUR or equal to other currencies you must:
- pass our regulatory due diligence checks;
- not be in breach of these Terms; and
- not have had any previous Accounts closed by us or blocked by us. We may at our discretion permit your use of the Services notwithstanding that you have had an Account previously closed or blocked.
- We will verify your identity through documentary means and/or non-documentary means you provide to us upon your intent to perform a purchase transaction. We reserve the right to use non-documentary means where necessary to verify the true identity of the Buyer account owner. To verify the identity of the Buyer account owner, we may ask you for a copy of the following information:
- Proof of your identity. We are required to verify your identity. As evidence of your identity, we may ask for the following documentation, as applicable (without limitation): for natural persons, a copy of a valid identity document, such as a passport, driving license, or Government-issued National Identity Card), or if you are a company or other legal entity, proof of registration from the company registry of the jurisdiction in which the company is incorporated;
- Proof of your address. We will need to verify where you reside. In support of that evaluation, and as an example, for natural persons we may request a copy of a utility bill (water, gas, electricity) or a copy of the 1st page of a bank statement showing your residence address, such documents being no older than three (3) months, and for non-natural persons, we may again request an extract of the applicable organization register of the applicable jurisdiction or bank statement from your corporate bank account;
- Proof of beneficial owners. With respect to any User that is a company or other form of organization with a separate legal personality or similar, we may request documentation that verifies the beneficial owners of your company or organization; and
- Additional or other information. We reserve the right to request any further documents or additional information to allow us to carry out the necessary checks in satisfaction of our legal obligations including without limitation with respect to the prevention of money laundering and terrorist financing.
- We will verify the provided result of the verification if it is not satisfactory (e.g. Amber or Red). Where we find suspicious information that indicates possible money laundering, terrorist financing activity, or other suspicious activity, we will, in conjunction with our Nominated Officer, report that activity in accordance with applicable law.
- Where we are not able to confirm with a reasonable degree of certainty the true identity of the Buyer account owner and/or we are not satisfied that the Buyer account owner presents an acceptable level of risk to us, we may:
- deactivate the ability of the Buyer to perform purchase transactions;
- determine whether it is necessary to inform regulators and regulatory bodies in accordance with applicable laws and regulations.
- We may file one or more reports with any relevant regulatory authority(ies) where we know, suspect, or have reason to suspect that a transaction facilitates criminal activity.
- It is our policy that all suspicious activities will be reported regularly to our senior management.
- We are prohibited from transacting business with individuals, companies, and countries that are on prescribed sanctions lists. We will, therefore, screen against United Nations, European Union, UK Treasury and OFAC sanctions lists in all jurisdictions in which we operate.
CDD applies to all Buyers who are about to execute a purchase transaction or a series of linked transactions on an artwork that amounts to 10,000 EUR or equal to other currencies.
Such Buyers will be prompted to complete an identity verification check through a third-party verification service appointed by us.
- Price & payment
- Subject to these Conditions, upon the confirmation of any Online Purchase, and upon the conclusion of any sale, the sale contract between the Buyer and the Seller is concluded, and the Buyer must pay the Total Purchase Price, as defined in clause 7.2, no later than 7 calendar days after the sale (“Payment Deadline”).
- The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that the seller or we are required to collect from the Buyer under applicable law; and (iii) (for items sold in an auction) any applicable Buyer’s premium.
- Prices are determined by the seller. Artscapy may, in some instances, support sellers in pricing their items, as outlined in Clause 4.2.
- Artscapy does not manage the transactions on the Marketplace, but rather connects Buyers and sellers who in turn transact across their chosen payment method. Artscapy does not escrow the transaction amounts during the period from sale to item receipt.
- Transactions executed using PayPal (our recommended method), offers fraud protection through its Buyer and seller protection. Artscapy does not assume liability or responsibility in the event of fraudulent transactions.
- Artscapy does offer resolution support and will ban any fraudulent or disingenuous users brought to our attention. Artscapy will also collaborate with relevant authorities to prevent and report fraudulent behaviour.
- The Buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between Buyers and shippers, or recommending third-party service providers. Our support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us.
- Delivery is arranged by the seller to the address provided by you. The seller will provide information about delivery times when they despatch your artwork. Delivery times are estimated and not guaranteed.
- Sellers may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, select the option you require. However, sometimes these options may be limited because of the type of artwork or the country you want the artwork to be shipped to. If you have any queries about shipping please contact the seller directly.
- Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the artwork that is supplied to you by the seller is damaged or faulty.
- If you have any specific shipping requirements, then you must contact the seller directly on the website or email us.
- Sellers aim to dispatch artwork to you within 7 calendar days of the date of your payment. If there is going to be a delay the seller will let you know by email so you can cancel your order or choose another piece of artwork.
- Despatch and delivery times are only estimates and neither we, nor the sellers, are responsible for late delivery or unavailability of artwork.
- If for some reason the seller is unable to dispatch the exact artwork you have ordered, then the seller will either refund the price paid for that item or will email you and offer you an alternative item.
- You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of artwork. Risk in artwork passes to you upon delivery of the artwork.
- Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
- Delivery of artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the artwork but also the state of the package received.
- When you receive your order, it is your responsibility to carefully examine both the package (before it is opened) and the artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the artwork is damaged, please email us at email@example.com
- For International Sales you may be responsible for additional charges.
- Prospective Buyers are advised that:
- (a) Some countries may prohibit or require a license or permit in order to export or import some property, including but not limited to property containing material from endangered or other protected plant or animal species;
- (b) Cross-border deliveries are subject to opening and inspection by customs authorities; and
- (c) The laws of some countries may prohibit the resale of some property once it is imported into those countries.
- Neither Artscapy nor the seller makes any representations or warranties as to whether any property is or is not subject to any such laws or restrictions.
- It is solely the Buyer’s responsibility to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for purchased property.
- Each seller has agreed in their Terms and Conditions of Sale to reasonably assist you by properly and fully completing relevant customs forms and declarations and any other relevant processes and/or documents (whether online or otherwise).
- Unless the Buyer and the seller agree otherwise, a delay in obtaining or failure to obtain any required license or permit will not justify the cancellation of any sale or any delay in paying the Total Purchase Price with respect to any property.
- Neither Artscapy nor the seller will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property, transportation restriction, or other action taken by any government or public authority.
- Some sellers may be registered for VAT and, will be subject to different rates of VAT. Where a seller is registered for VAT, they will charge you VAT. Where you are a Buyer who is buying for your business, you may be eligible to not pay VAT or reclaim any VAT which you have paid. Each seller has agreed in their Terms and Conditions of Sale with us to reasonably assist you with this.
- You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
- In addition to the actual purchase price of the artwork, you will be solely and fully responsible for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery. This means that sellers will not be responsible for any costs incurred as a result of any delivery of artwork to you
- With all international sales we also recommend that:
- (a) You check the unit of weights and measurements used (for example imperial inches or metric centimetres); and
- (b) You remember to allow extra time for delivery of your artwork; and
- (c) If you have any queries about the artwork, including VAT, customs or other duties, or shipping and delivery please contact the seller directly using the details they provide on the website – they will be happy to deal with any questions you have.
- Prospective Buyers are advised that:
- Consumer rights legislation in the UK and EU means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the seller to obtain a refund. All sellers are committed to ensuring that they abide by your rights.
- If you would like to return your order, please confirm this in writing by contacting the seller directly on the website or emailing us at firstname.lastname@example.org within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about how and when to return the item.
- Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to the seller using the postal address as provided on the invoice unless the seller has specifically provided you with an alternative for the return. We advise that you return the artwork using a service which provides you with proof of sending.
- Unless your item is faulty or we have agreed otherwise with you prior to you returning the artwork, then you will be responsible for the costs in returning the item to the seller.
- You should repackage the artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label of the seller and attach to the parcel.
- Unless you have lost the right to cancel, when you cancel an order for artwork, the seller will refund the amount you paid for the artwork and the standard delivery costs.
- Where you cancel an order for artwork then the seller will refund you within 14 days of
- (a) The date we receive the artwork; or
- (b) The date you supply us with evidence of having sent the artwork back to us.
- Refunds are made using the same payment method that you used to pay the seller. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
Faults or Problems with your order and returns
- Where there is a problem with your order, such as the wrong artwork arrives or any artwork is faulty or missing, then we ask that you contact the seller directly or email us at email@example.com within 14 days after the day you received the artwork.
- Buyers may have a right to reject some faulty artwork, but this right is limited to 14 days from the date you purchased the artwork.
- Once you contact us then, we will then assist you by facilitating any issues between buyer and seller.
- You should retain the artwork and all original packaging for 30 days so that it can be inspected
- Depending on the problem with your order we will advise you whether you should send photos of the damaged artwork and packaging and retain the artwork as you are advised should the courier, seller or their representative wish to inspect it.
- When returning any artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email and attach it to the parcel.
- Within 14 days of receipt of the faulty artwork the seller will either
- (a) Repair the artwork; or
- (b) Provide a replacement; or
- (c) Provide a refund, to include any standard delivery charges you paid when you placed your order
- Refunds are made within 14 days of the date the artwork is received using the same payment method that you used to pay the seller. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
- We cannot guarantee that any property appearing on the Marketplace will be available to sell or listed with the correct price.
- We reserve the right to cancel any order at any time if we are notified by the seller or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after the Buyer receives an order confirmation (whether on the Services, by email or otherwise).
- If your order is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and Artscapy and the seller will otherwise have no liability whatsoever for any such cancellations or listing errors.
- You acknowledge and agree that all property appearing on the Services is subject to availability.
Disclaimer of Warranties
Your use of the services is at your own risk. We provide the services “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, non-infringement, and fitness for a particular purpose, any warranties arising out of course of dealing or usage of trade, any warranties that the services will meet your requirements or be available, accessible, uninterrupted, timely, secure, or free of errors, and any warranties that any Buyers, prospective Buyers, bidders or sellers will complete any transactions or otherwise perform as promised, all of which Artscapy expressly disclaim to the fullest extent permitted by applicable law. In no event will Artscapy be liable or responsible for any errors or omissions in connection with the execution of any bids (whether online, offline, on the services, in an email, or otherwise), or for any inability or failure to access the services, including but not limited to any failures resulting directly or indirectly from any loss of internet or telephone connection or from any breakdowns or malfunctions of the services or any computer, device or system directly or indirectly affecting the availability or operation of the services.
- Limitations of Liability
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Artscapy accepts no liability for any of the following:
- (a) Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- (b) Loss or corruption of any data, database or software; or
- (c) Any special, indirect or consequential loss or damage.
- We reserve the right to modify, amend or change these Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
- If you do not accept any Change to the Terms, you should stop using Artscapy immediately. Your continued use of Artscapy following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
- If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
- Nothing in these Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.