Sales Terms and Conditions
Last Updated Date: 15 June 2022
Thank you for using ArtULTRA. Please read these Terms carefully before using the Platform and services offered by ArtULTRA. By accessing and using our Platform, you agree to comply with and be bound by these Terms and Conditions.
1.1 Capitalised terms used herein shall have the following meanings:
“Artist” (“you”, “your”) means any person entering into a legally binding agreement to sell Artworks through the Platform.
“Artwork” means any artworks or prints sold by Artists through ArtULTRA.
“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.
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Contract” “Contract” means the acceptance of an order by an Artist, once an order for purchase of an Artwork has been placed by a User. 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.
“Listing” means any specification for an Artwork that is set out on the Platform.
“Platform” means the website at www.artultra.net and any other Platform or application published by ArtULTRA from time to time on and through which it lists Artworks for sale.
“Services” means all the services provided by ArtULTRA through the Platform.
“Terms” means these Terms as amended from time to time.
“User” means any person entering into a transaction to purchase Artwork using ArtULTRA’s Services.
1.2 A reference to writing or written includes emails.
2. ACCEPTANCE OF TERMS OF AGREEMENT
2.1 These Terms constitute a legally binding agreement between the User and ArtULTRA and shall govern the User’s access to and use of the Platform to order Artworks and all other Services provided by ArtULTRA via the Platform.
2.2 We may revise these Terms from time to time. You should ensure that you review these Terms regularly, and prior to making any purchase on the ArtULTRA platform. Your continued access to and/or use of the Platform after changes have come into force constitutes acceptance of the revised Terms.
2.3 If you are acting on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms and to enter into a legally binding agreement on the business’ behalf between the business you represent and ArtULTRA.
3. SCOPE OF SERVICES
3.1 ArtULTRA provides a service that connects Users with emerging Artists and allows Artists to sell, and Users to buy, Artworks.
3.2 ArtULTRA is not a dealer and does not own, sell, control or manage any Artworks. Whilst ArtULTRA makes every effort to ensure that each Listing on the Platform is correct, ArtULTRA is not liable for any errors in any Listing or defect in any Artwork. Artists are solely responsible for the accuracy of any Listing and for ensuring that any Artwork meets the specifications as set out in its Listing. The User acknowledges and agrees that ArtULTRA has no control over the quality, safety, legality or accuracy of any Listing.
3.3 Artists are not employees of ArtULTRA and do not act on ArtULTRA’s behalf. Artists are independent, third party contractors to ArtULTRA.
3.4 By sending ArtULTRA information for the Listing of an Artwork on the Platform, the Artist makes an offer to sell the Artwork. By proceeding to payment to buy the Artwork, the User accepts the offer and creates a binding agreement to buy the Artwork from the Artist on the terms set out in these Terms.
3.5 ArtULTRA is not a party to the contract between a User and an Artist.
4. ACCESS TO PLATFORM AND SERVICES
4.1 ArtULTRA may restrict access to the Platform or certain areas or features from time to time when deemed necessary or for maintenance purposes which may temporarily affect the availability and accessibility of the Services.
4.2 ArtULTRA reserves the right to withdraw or amend the Services provided through the Platform without notice. ArtULTRA will not be liable to any User for any losses, damages or costs arising from any suspension or unavailability of the Services and/or the Platform at any time or for any period.
4.3 You understand and agree that a breach by you of any of the Terms may result in an immediate suspension and/or termination in your use of our Services.
4.4 ArtULTRA relies on third party service providers to make the Platform available to Users. ArtULTRA shall not be held liable for any losses or costs incurred from delays or failures of the Platform as a result of any defect in performance by its service providers.
5.1 ArtULTRA does not assume any responsibility for the confirmation of any User’s identity but may in its sole and absolute discretion undertake additional checks on a User from time to time, as permitted by applicable laws, to verify the identity of the User.
5.2 To access and use the Platform, a User must be at least 18 years old and able to enter into legally binding contracts under applicable law. By accessing the Platform and making an order through the Platform, you represent and warrant that you are 18 years of age or older and can legally enter into an agreement constituted by these Terms.
5.3 You are responsible for complying with all laws, applicable local rules and regulations including, without limitation, those relating to the Internet, data, email and privacy.
6.1 By purchasing an Artwork on the ArtULTRA Platform, you confirm that you have authority to be legally bound to the agreement constituted by these Terms and will comply with these Terms including by granting ArtULTRA all permissions contemplated by these Terms.
6.2 You agree that all the information provided by you is true, accurate, current and complete at the time of making the purchase.
7. PRICE AND PAYMENTS
7.1 All prices are presented in British Pound (GBP). The prices do not include shipping fees, which are listed separately on the Platform.
7.2 ArtULTRA uses third party payment providers to process all payments made via the Platform.
7.3 Our payment provider is Stripe Payments Europe Limited, C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, Ireland (“Stripe”). Stripe are audited by a PCI-certified auditor and are certified to PCI Service Provider Level 1.
7.4 By purchasing from the Platform, you agree to be bound by the Terms and Conditions of Stripe which can be found at www.stripe.com/legal/uk.
7.5 In order to process your payment, you will be asked to provide customary billing information such as name, billing address and financial instrument information. It is your responsibility to provide accurate, current and complete information when adding a payment method (“Payment Method”). ArtULTRA does not receive any credit or debit information. This information is held by Stripe.
7.6 Upon authorisation of a transaction, the full amount of the transaction will be processed by Stripe. ArtULTRA reserves the right to offer or withdraw any Payment Method at any time.
7.7 In the event a User who has purchased an Artwork does not request delivery and/or the User refuses the Artwork upon delivery for reasons other than the Artwork being damaged, the amount paid for the Artwork may be refunded at ArtULTRA’s sole and absolute discretion net of any costs incurred to process the Artwork purchase transaction.
7.8 ArtULTRA will not be responsible for any transaction not made through its Services.
7.9 All prices quoted for Artworks are inclusive of VAT (if any).
8. PURCHASING ARTWORKS
8.1 By purchasing any Artwork via the Platform, a User enters into a legal agreement between the User and the Artist based on the Contract.
8.2 Every effort is made to ensure that photographs of each Artwork and information provided in its Listing on the Platform are as accurate as possible. However, please note that all sizes, weights, textures, dimensions and measurements are for information purposes only.
8.3 Although ArtULTRA makes every effort to facilitate the fulfilment of each Contract, all Contracts are entered between a User and the Artist. Artists retain the sole ownership of the Artwork until it has been physically transferred to the User.
8.4 Once an order for an Artwork is placed and accepted by the Artist, the User will receive a confirmation email from ArtULTRA to signify the acceptance of the order by the Artist and the creation of the Contract between the two parties. The order cannot be withdrawn and/or cancelled by the User once the Contract has come into effect. If the Artist fails to notify ArtULTRA that the Artwork is no longer available for sale, which results in the Artist being unable to fulfill the order, the Contract will be terminated and the User will be refunded. ArtULTRA shall bear no liability for any inconvenience, losses or costs incurred by the User.
8.5 ArtULTRA cannot be held responsible for any incidents or damages to the Artworks occurring while in transit or during transfer of ownership between the User and the Artist.
8.6 A User purchasing an Artwork will receive a Certificate of Authenticity from the Artist.
9.1 Artists are responsible for shipping their artwork to Users, using trackable third party shipping handlers.
9.2 The delivery will be made to the address provided by the User at checkout. The User is responsible for ensuring that delivery details are accurate and complete. Incorrect details may delay delivery and ArtULTRA will not be held responsible for any delays.
9.3 In the event that a delivery is stolen or damaged as a result of incorrect instructions provided by the User to the shipping providers, ArtULTRA accepts no liability whatsoever. Any compensation offered will be at ArtULTRA’s sole and absolute discretion.
9.4 The shipping charge to the UK is shown to the User as a separate charge on the ArtULTRA website. The total selling price of the Artwork at checkout on Stripe will include delivery charges for deliveries to the UK.
9.5 For deliveries outside the UK, Users should request a separate quote from ArtULTRA by emailing email@example.com. The User will be invoiced separately once the quote has been obtained from third party providers. Once delivery fees have been settled, the User will receive an email when their Artwork has been dispatched.
9.6 Any import tax duties for deliveries outside the UK is at the responsibility and payable by the User.
9.7 Although ArtULTRA may facilitate the fulfilment of the delivery of the Artwork purchased through the Platform, ArtULTRA is not a party to any contractual relationship or transactions between third party delivery handlers, Artists and Users. Artists remain responsible for the Artwork until the item is delivered to the User. ArtULTRA will not accept liability for any inconvenience or loss caused by any delays or damages during transit.
10. DAMAGE TO THE ARTWORK
10.1 Although Artists will make every effort to ensure the delivery of Artworks in their original condition, damages and unforeseen incidents may occur at any time during the transfer from the Artist to the User.
10.2 ArtULTRA cannot and will not be held responsible for any damages to the Artworks.
10.3 Users are responsible for inspecting the Artwork as soon as possible after delivery, and in any case within 48 hours of receipt. Users must immediately notify ArtULTRA by email at firstname.lastname@example.org in the event of any alleged damage made to the Artwork while in transit and send us photographic evidence of the damage.
10.4 ArtULTRA will contact the Artist to inform them, passing all relevant information to them regarding the damage. Artists will be responsible for ascertaining the damage with the User.
10.5 The Artist may require the User to return the Artwork to them, in which case the return cost will be borne by the Artist. The Artwork should be returned to the Artist if possible in its original packaging and Users should take reasonable care to ensure that the Artwork is not damaged whilst in their possession or in transit from them.
10.6 In the event that damage has occurred, Artists and Users shall cooperate and assist ArtULTRA in all matters required to assess the claim and resolve any dispute that may arise from the damage.
10.7 Users and Artists may also agree on an alternative solution to a full refund including commissioned Artworks or exchanges against another Artwork from the same Artist at the Artist’s sole discretion and upon the User’s agreement. ArtULTRA may facilitate the discussion between Artist and User but will have no further involvement in the process other than stated by the Terms and shall have no liability whatsoever to any party in connection with the same.
10.8 Neither ArtULTRA nor the Artist is responsible for damages made after the transfer of ownership to the User.
11. RETURNS AND REFUNDS
11.1 All sales made on the Platform are final once a Contract has been entered into unless the Artwork is damaged during transit between the Artist and the User, in which case the provisions at clause 10 will apply.
11.2 In the event of damage being finally ascertained and confirmed as per clause 10, ArtULTRA will process a full refund including shipping costs.
11.3 ArtULTRA will make the reimbursement to you using the same means of payment as you used for the initial payment.
12.1 ArtULTRA strongly advises Artists to take out an Artist insurance policy to cover Artworks when the Artwork is in transit.
12.2 ArtULTRA cannot and will not be held responsible nor liable for the insurance of the Artwork at any point of the transaction or after the transaction is completed including during transit.
13. PROPRIETARY CONTENT
13.1 Each User and Artist acknowledges and agrees that ArtULTRA is the owner or the licensee of all intellectual property rights on the Platform and material published on it including marketing material content (“ArtULTRA Content”) and all associated content. All ArtULTRA Content is the exclusive property of ArtULTRA and is protected by all rights under patent, copyright, trade secret or trademark law and all other proprietary rights around the world. All such rights are reserved.
13.2 ArtULTRA Content includes logos, trade names, trademarks, texts, photos, audio, video or other Artist material or information. Listing information regarding descriptive details of the Artworks is excluded from ArtULTRA Content and is the sole responsibility of the Artist.
14. COPYRIGHT AND IMAGE RIGHTS
14.1 Unless otherwise agreed in writing by the User and Artist:
14.1.1 no copyright in the Artwork shall pass to the User;
14.1.2 the User undertakes that it shall not copy, reproduce, license or sell any visual representation of the Artwork; and
14.1.3 the Artist remains the sole author of the Artwork and asserts its moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the sole author of the Artwork.
14.2 ArtULTRA will not be liable for, and each of the User and the Artist agrees to indemnify ArtULTRA against, any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential, loss of profit, loss of reputation and all interest, penalties, legal costs and all other reasonable professional costs and expenses) arising from any dispute in connection with copyright infringement.
17. LIMITATION OF LIABILITY, DISCLAIMER & WAIVER
17.1 Users acknowledge that the Services are provided “as is” and “as available” and their use of our Services, our Platform, any purchases made on the Platform is at their sole risk to the maximum extent permitted under applicable law.
17.2 ArtULTRA does not assume any liability to Users, Artists or any third party or make any warranties of any kind, express or implied, direct or indirect, arising out of, in connection with or with respect to our Services and/or the Platform or any associated services except for liability that cannot be excluded under applicable law. ArtULTRA shall not be liable to Users or Artists whether in contract, tort (including negligence), breach of statutory duty or arising under or in connection with the Contract, for any losses including loss of profits, damages, injury or failure in performance resulting from causes beyond our control. ArtULTRA makes no guarantee regarding the availability of the Services and/or that the Services will be uninterrupted or error-free.
17.3 Unless expressly stated in these Terms, you agree that ArtULTRA has no responsibility or liability whatsoever to you related to any purchases, logistics or delivery provided to you by third party providers nor the quality, suitability, safety or ability of those third party services.
17.4 For the avoidance of doubt, the accuracy of any descriptive details of any Artwork set out on the Platform is the sole responsibility of the Artist. ArtULTRA does not make any representation or warranty or assume any liability whatsoever in respect of the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance. exhibition history, literature or historical relevance of any Artwork and no information provided on the website or elsewhere shall constitute any such warranty or assumption of liability. ArtULTRA has no control over the safety or legality of any Artwork listed on the Platform.
17.5 Users agree to indemnify and hold ArtULTRA and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses suffered by ArtULTRA arising out or in connection with breach by the Users of the use of our Services and/or the Platform.
17.6 Failure by us to enforce any rights or provisions to which we are entitled to under the Terms does not constitute a waiver of such rights and you shall not assume to be relieved from compliance with such obligations. No waiver by us of any of the Terms unless expressly stated and agreed in writing shall be effective.
18. APPLICABLE LAW
18.1 These Terms, your use of the Platform and any other non-contractual obligations, disputes or claims arising out or in connection with these Terms shall be governed by and subject to the laws of England and Wales.
18.2 Any dispute or claim in relation to or arising from these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
18.3 ArtULTRA will act as an intermediary in order to facilitate the resolution of disputes but does not guarantee the performance or conduct of any User, Artist or third party whether online or in person.
19.1 Provided that sufficient notice has been given, ArtULTRA may terminate this Agreement at any time.
19.2 If Users have breached any material obligations under these Terms, ArtULTRA reserves the right to terminate this Agreement without further notice. In case of a breach of this Agreement by you, you may not be entitled to a refund on any pending orders.
If any of the Terms shall be determined by any competent authority to be void, unlawful or unenforceable to any extent, such Term will to that extent be severed from the remaining Terms and will not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.
21. COMMENTS & FEEDBACK
21.1 We love to hear from you and your experience of using our Services. If you would like to get in touch, email us at email@example.com . By sending us your feedback or any submissions on the Platform, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable licence to use and publish such content without compensation to you.