Artists Terms and Conditions

Last Updated Date: 7 June 2022

 

  1. Definitions

Capitalised terms used herein shall have the following meanings:

1.1 “Artist” (“you”, “your”) means any person entering into a legally binding agreement to sell any Artwork through the Platform.

1.2 “Artwork” means any artwork (physical or digital) or print sold by Artists through ArtULTRA.

1.3 “ArtULTRA” (“we”, “us”, “our”) means ArtULTRA Limited, a private limited liability company incorporated and registered in England and Wales with its registered office at Flat 3, 55 Frognal, London, NW3 6YA and registered number 13237964.

1.4 “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

1.5 “Contract” means the acceptance of an order by an Artist, once an order for purchase of an Artwork has been placed by a Purchaser. A confirmation email from ArtULTRA will signify the acceptance of the order by the Artist and the creation of the Contract between the two parties.

1.6 “Listing” means the page, its content and specifications on which an Artwork is offered for sale on the ArtULTRA Platform.

1.7 “Platform” means the website at www.artultra.net and any other platform, social media channel or application published by ArtULTRA from time to time on and through which it lists Artworks for sale.

1.8 “Purchaser” means any person entering into a transaction to purchase Artwork using ArtULTRA’s Services.

1.9 “Services” means all the services provided by ArtULTRA through the Platform.

1.10 “Terms” shall mean these Terms as amended from time to time.

1.11  A reference to writing or written includes emails.

 

2. The Services

2.1 ArtULTRA provides Services for viewing, selling and purchasing Artworks through our Platforms. Please read these Terms and any other policies and documents linked to herein carefully, as they govern your use of the Services, and constitute a binding legal agreement between you and ArtULTRA.

2.2 You acknowledge and agree that, by using the Services of ArtULTRA to sell your Artworks, you are indicating that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms and the privacy policy, then you should not use the Services.

2.3 These Terms constitute a legally binding agreement between you and ArtULTRA regarding the sales of Artworks on our Platform.

 

3. Modifications to these Terms

3.1 ArtULTRA reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date”. When we update these Terms, we will email you the revised terms. By continuing to use the Services after we have posted a modification on the Services, you are indicating that you agree to be bound by the modified Terms. We encourage you to check regularly to review these Terms.

 

4. Modifications to the Services

4.1 We may modify or remove any Artworks from the Services at any time and, if we do so, we will notify you.

4.2 Occasionally, there may be information on the Platform that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Platform is inaccurate at any time without prior notice.

 

5. Eligibility

The Services are intended solely for persons who are 18 or older. Any use of the Services by anyone under 18 is expressly prohibited. By using the Services you represent and warrant that you are 18 or older.

 

6. Privacy

See ArtULTRA’s Privacy Policy for information and notices concerning ArtULTRA’s collection and use of your personal information.

 

7. Listing Works on the Services

7.1 You may submit to ArtULTRA a Listing for Artwork(s) that you have created and that you desire to sell through the Services. You may not submit a Listing for any Artwork that was created by another artist.

7.2 Each Artist is solely responsible for their Listing submissions to ArtULTRA and any consequences of posting, sharing, displaying or publishing them.

7.3 Making Listings available on the Platform is at the sole discretion of ArtULTRA. Each Artist acknowledges and agrees that ArtULTRA cannot be held liable in respect of such Listings.

7.4 In order for your Listing to be accepted, you must provide ArtULTRA with all the information requested by ArtULTRA and you must comply with any other ArtULTRA requirements and guidelines as identified to you. Your Listing must be accurate and complete. ArtULTRA reserves the right to edit any Listing to ensure that it complies with its guidelines.

7.5 Where a materially inaccurate Listing results in a returned Artwork, ArtULTRA reserves the right to terminate its relationship with the Artist. You hereby agree to indemnify ArtULTRA in respect of all costs and losses incurred by ArtULTRA arising as a consequence of  the return.

7.6 ArtULTRA reserves the right to reject a Listing including materials which it reasonably believes:

(i) to be offensive, including material that incites racial hatred or promotes discrimination; and/or

(ii) to be obscene or pornographic; and/or

(iii) which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7.7 ArtULTRA reserves the right to remove any content or Listings from the Platform at any time in its sole discretion.

7.8 Sales and / or discounts: Should ArtULTRA wish to promote and market your Artworks through the use of sales and/or discounts, we will seek your permission first. The sale or discount amount will apply to the sales price of Artworks.

7.9 Artists retain the right to remove a Listing for an Artwork from the Services. If you want to remove a Listing for an Artwork from the Services, you must email us at info@artultra.net with instructions to remove the Listing. We will remove the Listings as soon as reasonably possible, but no later than 7 Business Days following receipt of your email.

 

8. Responsibility for Artworks

8.1 You acknowledge and agree that you are solely responsible for all Artworks that you make available through the Services. Accordingly, you represent and warrant to ArtULTRA that: (i) as to Artworks that you make available through the Services, you are the creator of all such Artworks and you are the sole and exclusive owner of all such Artworks; and (ii) the Artworks that you make available through the Services and/or ArtULTRA’s use and exploitation thereof as contemplated under these Terms will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

8.2 All Artworks sold through ArtULTRA must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.

 

9. Licence

9.1 By submitting a Listing to sell an Artwork through the Services, you irrevocably grant to ArtULTRA a worldwide, transferable, nonexclusive, right and licence, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Artwork via its Platform; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Artwork in any form, medium or technology now known or later developed for the purpose of promoting ArtULTRA and the Services on all ArtULTRA’s channels. You acknowledge and agree that the foregoing licence rights are granted on a royalty-free basis and that your sole compensation for the grant of such licence rights, if any, will be in the form of the Artist sales income received from the sale of the Artwork via ArtULTRA. ArtULTRA does not claim to have any ownership rights over the Artworks and therefore may not be considered to violate these rights.

 

10. VAT

Artists are responsible for applying VAT to their prices if VAT applies. You should submit the price for your Artwork to ArtULTRA inclusive of VAT if you are VAT registered. The price on the Listing will be assumed to be inclusive of VAT if VAT is to be charged.

 

11. Notification of Sale

11.1 When an order has been placed for your Artwork, we will send you an email at your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Purchaser.                                    

11.2 Upon receipt of such email, you must promptly either:

11.2.1 dispatch the Artwork specified in the order using a tracked delivery shipping method and notify us that you have done so, giving us the details of the shipping method used and tracking number, to enable us to send a dispatch confirmation to the Purchaser.

11.2.2 notify us by emailing us at info@artultra.net that you are unable to supply the Artwork(s), to enable us to notify the Purchaser that the order will not proceed.

11.3 You must send us the confirmation of delivery from the shippers as soon as you receive it so we may confirm the successful delivery of the Artwork to the Purchaser.

 

12. Billing and Shipping

12.1 ArtULTRA will be responsible for collecting billing and shipping information from the Purchaser and for processing payment for purchases via the Services.

12.2 It is your responsibility to arrange the packaging and shipping of a purchased Artwork for delivery to the Purchaser.

12.3 You must research accurate packaging costs, shipping rates and select a courier prior to listing your Artwork. Such costs are shown as a separate charge on the ArtULTRA Platform.  ArtULTRA will not be liable for any losses incurred as a result of inaccurately quoted shipping and/or packaging rates.

12.4 For deliveries outside the UK, Purchasers will request a separate quote from ArtULTRA. We will contact you with the specific request to ask you to provide us with a quote for shipping and delivery as per the Purchaser’s request. It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Services, and to include any required documentation or invoices within packages shipped.

12.5 You agree to ship the purchased Artwork to the Purchaser within 7 days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Artwork to the Purchaser within the Shipping Period, the sale may be cancelled.

12.6 You must use trackable shipping methods to send your Artwork to the Purchaser and notify ArtULTRA of the shipping method used and tracking number as soon as reasonably practicable.

12.7 Artworks should be packaged with utmost care in order to avoid damage in transit. Our suggestions on packaging and shipping are here. Please note that any postage or shipping guidance provided by ArtULTRA in the form of recommendations comes with no assumption of liability should any damage occur in transit.

12.8 It is at your sole discretion to organise transit insurance for your Artwork before shipping it, but we strongly advise you to do so. In the occurrence of damage to the Artwork in transit, you will be liable for any and all costs and losses incurred. ArtULTRA shall have no liability whatsoever for any such costs or losses.

 

13. Returns and Disputes                                                                                                   

13.1 By Listing your Artwork on the ArtULTRA Platform, you agree to be bound by ArtULTRA Sales Terms and Conditions with respect to any resulting sales.

13.2 All sales on ArtULTRA are deemed final, unless the Artwork is damaged in transit between the Artist and the Purchaser.

13.3 Returns requests for damaged Artworks submitted by Purchasers will be sent to ArtULTRA. We will notify you immediately via your nominated notification email address of any return requests for Artworks sold through ArtULTRA. We will ask for photographic evidence of damage, which we will pass on to you so you may claim against your shipping insurance, as appropriate.

13.4 ArtULTRA accepts no liability for damage to Artworks in transit from you to a Purchaser. It is solely your responsibility to ensure that you package your Artworks sufficiently, ship them via a service that will minimise the likelihood of damage and/or organise insurance to protect against damages in transit.                

13.5 ArtULTRA will accept no liability for Artworks lost in transit on their way to the Purchaser. If you do not send your Artwork via a trackable method of shipment, you do so at your own risk and ArtULTRA reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.

13.6 In the event of damage to any Artwork, the Artist and ArtULTRA shall cooperate in all matters required to assess the claim and resolve any dispute that may arise from the damage.

13.7 ArtULTRA will refund the Purchaser with the entire transaction amount including shipping costs where damage has been confirmed. For the avoidance of doubt, this means we will not transfer any funds to you in such instance. If you have arranged transit insurance, you will be able to claim against your insurers for the value of the Artwork and shipping costs. If not, you will be liable for all costs.

13.8 Purchasers and Artists may also agree on an alternative solution to a full refund including commissioned Artworks or exchanges against another Artwork from the Artist at the Artist’s sole discretion and upon the Purchaser’s agreement. ArtULTRA may facilitate the discussion between Artist and Purchaser but will have no further involvement in the process other than stated herein.

13.9 You may require the Purchaser to return the Artwork to you, in which case the return cost will be borne by you.

 

14. Transfer of Sales Proceeds      

14.1 ArtULTRA will transfer the entirety of the sales price, shipping and packaging cost to you following the successful sale of an Artwork.

14.2 Successful sale means that ArtULTRA has received confirmation of delivery to the Purchaser, that the Artwork has been received without damage and is accepted as final by the Purchaser.

14.3 You must provide us with the details of your nominated bank account so that we may complete the transfer of funds.

14.4 ArtULTRA is entitled to withhold your sales proceeds for any given sale if there is, or in ArtULTRA’s reasonable opinion there is likely to be, a dispute with you or a dispute between you and the Purchaser, until such dispute is resolved to ArtULTRA’s reasonable satisfaction.

14.5 If you remove a Listing for an Artwork from the ArtULTRA Platform, any such rights granted to ArtULTRA will survive and remain in effect for as long as necessary to fulfil any in-progress orders.          

 

15. Force Majeure

ArtULTRA reserves the right to defer the date for performance of, or payment for, the Services, or to terminate the Services, if ArtULTRA is prevented from, or delayed in, carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lockouts or other industrial disputes (whether involving the workforce of ArtULTRA or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction accident, breakdown of plant or machinery, pandemic, fire, flood, storm or default of suppliers or subcontracts.

 

16. Termination

16.1 Provided that sufficient notice has been given, ArtULTRA may terminate this Agreement at any time.

16.2 ArtULTRA may right to terminate this Agreement without notice if you breach any of your material obligations under these Terms. In case of a breach of this Agreement, these Terms will survive until such time that any sale in process is completed.

 

17. Severance

If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions of these Terms shall remain unaffected and in force.

 

18. Waiver

Any failure to exercise or any delay in exercising a right or remedy provided by these Terms or at law of in equity (and/or the continued performance of these Terms) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of any of the terms of these Terms must be in writing and shall constitute a waiver of any other breach and shall not affect the other terms of these Terms.

 

19. Entire Agreement

These Terms should be read in connection with the ArtULTRA e-commerce trial info to artists and together, these documents contain the entire agreement between us relating to the Services but are without prejudice to any terms, conditions or warranties implied by law.  These Terms take precedence over any of your terms and conditions.  They may only be varied or amended by the written agreement of ArtULTRA.

 

20. Governing Law and Jurisdiction

These Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed and take effect in accordance with English Law. The courts of England have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise in any way whatsoever out of or in connection with these Terms.