1. Definitions and interpretation
1.1 In these conditions
'We' means My Art Broker ltd.
'Website mean www.myartbroker.co.uk
'Seller' means the person, firm or company listing an item on the website for sale.
'Buyer' means the person, firm or company on behalf of whom an offer to purchase is made.
'Contract' means any contract for the sale of artwork entered into between Buyer and Seller.
'Gross sale price' means the price agreed to the buyer.
'Price' means the price at which the items are listed on the website.
'Net sale price' means the price paid to the Seller.
'Commission' means the payment due to us in respect of our service.
'Satisfactory delivery' means the delivery of the artwork to the buyer in a satisfactory condition.
'Conditions' means the terms and conditions as set out herein.
1.2 The headings in these conditions are for convenience only and do not affect the interpretation.
2. OUR WEBSITE SERVICE
2.1 By accessing or using our Website and any services included in the Website you agree to be legally bound by these Conditions. It is important that you read and understand these Conditions before using this service.
2.2 We reserve the right to change these Conditions at any time, and your continued use of the Website/services following any change shall be deemed to be your acceptance of such change. It Is therefore important that you check the conditions regularly for any change.
2.3 Our Website is there to provide a service where a Seller is introduced to a Buyer. We do not have and never intend to have and contractual involvement in the transactions between Buyer and Seller and We act purely as a third party and as a Broker between Buyer and Seller.
2.4 We have in our sole discretion the right to issue a warning, temporary suspension or indefinite suspension, or termination of your rights to use our Website if you:
2.4.1 act inconsistently and in breach of these conditions;
2.4.2 at any time violate or attempt ti violate any rights of any other user of the Website or third party;
2.4.3 are engaged in a fraudulent activity;
2.4.4 fail to make any payment due to us in accordance with these Conditions.
We are committed to responsible data management and subscribe to the principles of data protection legislation in the UK. We are committed to maintaining the privacy of our users and maintaining the security of any personal in formation received from you.
4.1 The Sellers prices are shown on our Website. Whilst We will provide guidance to a Seller with regards to the valuation of any artwork it is the Sellers responsibility to carry out its own research to ensure the listing Price is reasonable and appropriate in the circumstances.
4.2 When a Buyer makes an offer to purchase We will refer this to the seller and upon approval by the Seller of any offer We will notify the Buyer and issue an invoice for the Gross sale price to the Buyer. At the same time We will notify the Seller for the purpose of initiating shipping. The Contract will be between the Seller and the Buyer.
4.3 We shall take payment of the Gross sale price from the Buyer to be held in the escrow and payment of the Net sale price will be made to the seller 10 days after notification by the Buyer of Satisfactory delivery of the artwork.
5. PAYMENTS ACCEPTED
5.1 We accept credit card, debit card, bank transfer or escrow.
5.2 When the Contract is made between the Buyer and Seller the Buyer authorises us to debit any credit or debit card the details of which have been given to us in connection with the offer they have made and for the Gross sale price.
5.3 If a payment is received for the Buyer which does not represent the Gross sale price or any other additional charges as agreed then the outstanding payment will be requested by us and the items not dispatched until the balance of the payment is received. Any charges incurred in a bank transfer are the responsibility of the Buyer.
6. AVAILABILITY AND DISPATCH OF ITEMS
6.1 The availability of items is generally as shown on the Website but should not be relied upon as a definite statement as to whether the items the Buyer wishes to purchase are actually available for purchase.
6.2 The Seller must be the absolute unencumbered legal owner with the right to sell the items offered for sale and the sale of the items must not infringe any third party rights or be unlawful in any way.
6.3 Any times or dates given for dispatch of items (or the length of time that the items will take to be delivered) are only estimates but We will email to inform the Buyer and Seller when payment is received and when the item will be dispatched.
6.4 The seller shall offer items for sale for a minimum period of 90 days from the day of listing and thereafter the agreement shall continue until terminated by us or the Seller in writing. Items will only be accepted for sale by us on a sole agency basis as We do not offer items for sale in conjunction with other brokers. The Seller must not contact any Buyer directly on a sale of listed items.
6.5 If a Seller has registered with the Website selling prints as a business the Seller must tell us that the Seller is operating as a business and include this information in any listing. The Seller is responsible for determining whether it is required to account for value added tax (VAT) on a sale of any items and collecting and paying any such payment to HMRC. We take no responsibility for any such issues. If the Seller is required to account to VAT on the sale of any item, the Seller should include VAT on the total listing Price when listing on the Website. This requirement is independent from any VAT We are required to charge on our fees.
7.1 We work on Commission determined on a case by case basis and a guide to our fees is on our Website.
7.2 Our fees cover all costs associated with the final sale including listing fees and any payments of costs incurred.
All artworks offered for sale on the Website are offered as described by the Seller. We cannot be held responsible with regard to the authenticity or the origin of the artwork. The Seller is fully and solely responsible for any listing details published and We therefore do not offer any guarantee with regard to the provenance authenticity or current condition of the artwork. Any work that we suspect to be fraudulent we will inform the publisher and the Met Police Fraud squad and pass the Seller's details directly to them.
9.1 The Seller will ship the artwork to the Buyer and will be held responsible for the artwork in transit.
9.2 We offer a fully insured, tracked and fragile paid shipping service and a guide to this is on the Website.
9.3 All items are sent tracked and with proof of delivery in our paid shipping service. A courier will normally collect and deliver directly to the Buyer and the Seller is required to keep all tracking details for the Seller records.
9.4 We only make deliveries to the mainland of the UK unless agreed with a Seller or Buyer.
9.5 If an item is lost in transit the Buyer must inform us within 20 working (business) days in writing or by email following the date the Buyer was notified of dispatch if the goods have not been received. The Buyer must at the same time request a lost in post form and return it to us completed within a 7 day period of receipt to enable us to process a refund.
9.4 If any item is returned to us as not collected then there will be an additional postal charge to resend the item.
9.5 If an item becomes damaged during transit the Buyer must notify us immediately and ensure that both item and packaging are returned to us. It is the Buyer's responsibility to obtain a receipt from the shipping agent.
9.6 The Seller is responsible for adequately packaging and crating any artwork sold to the buyer. Whilst We will give guidance and assist with packaging materials the responsibility for appropriate and adequate packaging remains with the seller.
9.7 Save a precluded by law We will not be liable to the Seller or the Buyer for any indirect or consequential loss, damage or expenses (including loss of profit, business and goodwill) howsoever arising or to pay any money to either Seller or Buyer by way of compensation other than to make a full refund in respect of monies paid.
9.8 Whilst we facilitate the delivery of artwork from the Seller to the Buyer we do not accept any liability in relation to the goods in our possession or in relation to shipment by another but We will always assist and facilitate the Seller or the Buyer with regard to any necessary insurance claim.
10.1 If the Buyer receives an item and does not want it the Buyer can contact us within 7 days of receipt of the item to arrange a refund. The seller shall be under an obligation to agree a refund. The Buyer will be required to return the item to us and once received back in the same condition as delivered by us then a refund will be processed by us. Refunds are provided in the same way as the original payment is received. The item must be returned in the same condition and in the same original packaging and should be returned to us by a tracked insured method, as We accept no responsibility for damage or loss in transit. Goods returned which are not defective or faulty will be subject to a charge as set on our Website. Any items that are hand delivered are non returnable and refunds will be issued at our discretion.
10.2 If the Seller or Buyer chooses to make its own shipping and insurance arrangements the Buyer or Seller making those arrangements will be totally responsible for all dealings with the shipping agent or for any losses in relation thereto.
10.3 Goods that are ordered from a publisher will carry a 20% re-stocking fee if the sale is cancelled, this does not affect your statutory rights.
11. LIMITATIONS OF LIABILITY
11.1 We act merely as an introductory service allowing Seller and Buyers to come together, the former to list and sell items and the latter to buy them.
11.2 We have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a Buyer may rely, the accuracy of any listings or the capacity of any Seller or any Buyer to transact. The Seller always assumes complete legal and ethical responsibility for all listings, pricing, authenticity and relieves us from any misrepresentation and legal action that may result.
11.3 Consideration should always be given by a Seller or Buyer to the nature of internet transactions and the risks involved.
11.4 In recognition of the above a Seller or Buyer waives any claim they may have against us that is in any way connected with a dispute they have with another user or our Website and services and agree to indemnify us for any losses or liability We suffer as a result of any claim against us by another user or any other third party as a result of any dispute or in relation to any dealings with such other user or third party.
11.5 Acceptance of these Conditions also acts as a general release of us from any liability for any claims, loss or damages (both direct and indirect including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the services and our Website.
11.6 In addition we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the Website. It is the responsibility of the Seller not to violate the rights of third parties in any manner and in particular in relation to photographs, pictures and text.
11.7 Notwithstanding the foregoing nothing in these Conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13 APPLICABLE LAW
13.1 Each and every transaction carried on or as a result of our services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law and any dispute controversy proceedings or claim or whatever nature in relation to our terms shall be governed and interpreted with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
13.2 With effect from 1st January 2012 the ARR was extended to 70 years after the death of an artist. The charge is the joint and several liability of the buyer and seller. On any sale made by us subsequent to the 1st January 2012 the full ARR will be the responsibility of our buyer.
14 EVENT BEYOND OUR CONTROL
We will not be in breach of these terms or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accidents.
If any part of these Conditions is unenforceable (including any provision in which We exclude our liability to a Seller or Buyer) the enforceability of any other part of these Conditions will not be affected.
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