ARTemiss - terms and conditions

ARTemiss Terms & Conditions 

Terms and Conditions

Last updated: April 15th, 2019

(Terms I) Please carefully read and understand the Terms and Conditions laid out in the following articles prior to using the website (The Service) operated by ARTemiss APS. The access to and use of the Service is determined by the users’ acceptance of and compliance with these Terms.

These Terms apply to all visitors, users including buyers and sellers and others who access or use the Service in any capacity. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any articles or sections of the terms and conditions, then you may not access the Service.

  1. Definitions of Terms:

  1. ARTemiss – APS Online Art Auction Company registered and headquartered in Copenhagen Denmark.

1.1 Buyer – An online user who enters into and concludes a Contract of Sale with the Seller through the Online Auction Platform including via auction and direct buying.

1.2 Seller – An online user who displays and offers lot(s) for sale through the Online Auction Platform including via auction and direct selling.

1.3 Account – the personal section on the Online Platform containing personal data and other details that the User has entered, which the User creates by registering for the Service and which is administered by the User.

1.4 Contract of Sale – the contract of sale that is concluded through the Online Platform between the Seller on the one hand and the Buyer on the other, related to a specific Lot(s) and/or artworks on general sale.

1.5 Lot – one or more objects that the Seller offers for sale on ARTemiss.

1.6 Online Auction – the online auction of Lots by Sellers on the Online Platform ARTemiss.

1.7 Bid – the amount that a User offers for a Lot, including tax and duties due by the Seller, if applicable, exclusive of the Buyer’s Commission.

1.8 Buyer’s Commission – the percentage of the Purchase Price as detailed by ARTemiss on the Online Auction Site, that the Buyer owes Artemiss for the use of the Service upon the sale, inclusive of tax if applicable.

1.9 Seller’s Commission – the percentage of the Purchase Price as detailed by ARTemiss on the Online Auction Site, that the Seller owes ARTemiss for the use of the Service, inclusive of any taxes if applicable.

1.10 Purchase Price – the amount of the highest Bid, which the Buyer owes the Seller inclusive of tax if applicable. Also defined as the non-negotiable price for artworks on general sale.

1.11 Third Party Service Provider – a third party, not affiliated with ARTemiss, that makes certain products, services, applications or websites available to you through our Online Platform, such as, but not limited to, insurance and shipping. Use of the Third-Party Service Provider is subject to their terms and conditions

1.12 Intellectual Property Rights – any and all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights and database rights.

1.13 General Artworks – An artwork that is advertised for sale through ARtemiss that is not connected to online auctions, defined as a direct sell/buy between the buyer and seller through the platform with the relevant fees that are applicable.

  1. Registration for ARTemiss

2.1 – By setting up and creating an account on ARTemiss The User must provide the account with complete, accurate and truthful information prior to registering. The user is obliged not to provide deliberately misleading or untruthful information.

2.2 – By setting up an account on ARTemiss The User is subject to the legislation and laws governing online consumers set out in Danish Legislation.

2.3 – Users are not permitted to create an Account in the name of another person and/or to provide false information. Users may not sign in via third-party services accounts of other persons or allow other persons to sign in on behalf of the User.

2.4 – The User is responsible for keeping the username and password of the account confidential. ARTemiss is entitled to assume that the User is the actual party that signs in using the User’s username and password.

2.5 – The User is fully liable for the consequences of providing any incomplete or incorrect information with respect to personal information, tax information and any other information and fully indemnifies ARTemiss against any and all claims brought by third parties, including the tax authorities, and against any and all damage and/or costs that ensue.

2.6 – ARTemiss reserves the right to deny Users the right to register and take part in an Online Auction and/or to terminate that right unilaterally.

2.7 – The user is responsible for safeguarding the password that is used to access the Online Auction Site and for any activities or actions under your password, whether your password is with our Service or a third-party service.

2.8 – The User agrees not to disclose the password to any third party. In addition, the User must notify ARTemiss administrators immediately upon becoming aware of any breach of security or unauthorized use of the account.

  1. ARTemiss General Terms & Conditions

3.1- Sellers offer Lots on the Online Auction Site, and Users purchase these Lots directly from Sellers. ARTemiss acts only as a facilitator during this process, by offering an Online Auction Platform and supplementary services. ARTemiss has no control over or responsibility for the quality, safety, lawfulness or correctness of the Lots/general artworks that are offered, the Seller’s’ authority to sell Lots/general artworks, or the authority or ability of Buyers to purchase Lots/general artworks.

3.2 – At no point or in any event is ARTemiss responsible for any damage that occurs due to technical errors in relation to the automated auction.

3.3 – The User acknowledges and accepts that Lots and general purchases are the property of the Seller and not of ARTemiss. No contract of sale will be concluded between ARTemiss and the Buyer, and ARTemiss does not transfer any ownership rights from the Seller to the Buyer.

3.4 – Restrictions to the use of ARTemiss service may apply. We are entitled to restrict you from creating an Account, and from bidding or selling on the Online Platform. ARTemiss is also entitled to restrict its Service if it has sufficient reason to believe that The User is not acting in accordance with these Terms and Conditions.

3.5 – ARTemiss has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. The user further acknowledges and agrees that ARTemiss shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

  1. Offering Lots and general artworks for sale

4.1 – When the Seller offers specific Lots, they must accurately and comprehensively provide detailed information regarding the Lot being offered. This information should include – but is not limited to – the following descriptions and information:

  1. An accurate description of the Lot being offered to the best of The Seller’s knowledge.

  2. information about the general condition of the Lot detailing any noticeable damage and wear.

  3. One or more clear photographs that accurately represent the current state (including any defects or deficiencies), features and other particularities of the Lot.

  4. The Reserve Price if applicable and an indication of the estimated shipping costs and tariffs if applicable.

4.2 – ARTemiss takes no responsibility or accepts liability for The Sellers descriptions of Lot(s)/ general artworks offered in relation to 4.1.

4.3 The Seller guarantees that they are the rightful owner of or are authorized to sell the Lots offered on the Online Auction Site and that by offering and selling a Lot/general artworks they will not infringe any law or regulation in the Kingdom of Denmark and the European Union.

4.4 The Seller will offer the Lots exclusively on the Online Auction Site and therefore will not (or no longer will) offer them through other means including but not limited to other Online Auctions Sites.

  1. Consumers’ Rights and Consumer Law

5.1 – Consumers who reside within the European Economic Area are subject to the rights and protections detailed in European Statutory Laws and Regulations.

5.2 – Consumers residing in a country within the European Economic Area who purchase a Lot/general artworks from a Professional Seller are entitled to the statutory fourteen days (14) days to withdraw from the purchase of the Lot under protection of the statutory right of withdrawal as stated in The Danish Consumer Contracts Act.

5.3 – The Consumer is obliged to communicate in writing by letter or email within the 14-day period their wish to cancel the contract and the consumer should secure evidence that cancellation was in due time by sending the cancellation by registered post and by keeping the receipt or alternatively by email.

5.4 – The Consumer is obliged to handle the Lot and the packaging with all due care during the 14-day period.

5.5 – The Consumer must return the lot/general artworks within 14 days of notice of cancellation and is responsible for the related costs and fees of sending back the Lot unless agreed otherwise between the buyer and the seller.

5.6 – If the Purchase Price has already been transferred to the Professional Seller through ARTemiss, the Professional Seller will be obliged to reimburse the Purchase Price, including any delivery costs to the professional seller.

  1. Delivery and Receiving Lot(s)

6.1 – The Seller is obliged to ensure effective delivery the Lot(s)/general artworks to The Buyer, subject to the description and the conditions stipulated by The Seller when the Lot(s)/general artworks was offered subject to Article 4. The Seller is obliged to send the Lots/general artworks to the Buyer after The Seller has received confirmation of payment from ARTemiss unless the parties have agreed that the Lots/general artworks will be collected or have mutually agreed alternative means of delivery

6.2 – In the event that the shipping/Delivery costs are less than the amount indicated in the Online Auction, the Seller will be obliged to refund to The Buyer any excess shipping costs that The Buyer has paid.

6.3 – Unless the Seller and The Buyer have agreed that The Buyer will collect the Lot/general artworks, The Seller is responsible for sending and delivering the Lot/general artworks to The Buyer in accordance with the conditions of the Contract of Sale.

6.4 – The Seller is obliged to ship the lot/general artworks from the address as stated in the Online Account. If the Seller ships the Lot from a different address, they shall indemnify the Buyer from any costs suffered by the Buyer (such as, but not limited to import taxes).

6.5 – All Lots/general artworks sold must be sent using a legitimate delivery/shipping service unless agreed otherwise. Furthermore, we strongly recommend using registered and/or insured transport. The Seller will bear the risk of damage to and/or loss of the Lots during shipment.

6.6 – The address that the Buyer has indicated will be deemed the delivery location unless agreed otherwise.

6.7 – Breach of the Contract of Sale as a result of the Seller’s failure to comply with his obligation to deliver (which includes, but is not limited to, failure to deliver a Lot/general artworks in accordance with the lot description) will not affect the Seller’s liability to pay the Seller’s Commission or fees.

6.8 – The Buyer will be obliged to accept delivery or agree on pick-up of the Lot/general artworks within the term agreed on the Online Auction Site. In the event that no restricted term is indicated or agreed, the Buyer will be obliged to accept delivery of or pick-up the Lot/general artworks within a reasonable term.

6.9 – ARTemiss is not responsible for lot(s)/general artworks that are shipped by a user and are lost or damaged in the process. Lot(s) that are lost or damaged in transit are the sole responsibility of the user. In the event that there is a dispute between users regarding the shipment or condition of an item, ARTemiss will attempt to mediate the dispute.

  1. Acceptance and use of the service

7.1 – By using the Online Auction Site, the User is obliged to comply with all applicable national, European and international regulations, including but not limited to, in respect of activities with regard to the bidding on, offering, purchasing and selling of Lot(s)/general artworks via the Online Auction Site.

7.2 – The user is obliged to place only accurate information and should refrain from placing misleading and/or conflicting material on the Online Auction Site.

7.3 – In using the ARTemiss Service, the User guarantees that they will not circumvent or manipulate the Online Auction Site such as by directly contacting Sellers or other Users or third parties to conclude a purchase agreement outside of Artemiss.

7.4 – In using the service and accepting the terms and conditions the user consents to images and representations of artworks being uploaded to the Online Auction Site and social media platforms including but not limited Facebook, Pinterest and Instagram.

  1. Termination of service

8.1 – ARTemiss holds the right to remove user accounts either permanently or temporarily if the terms and conditions of the Online Auction Site have been breached.

8.2 – ARTemiss will not be liable for losses related to Lot(s)/general artworks bought or sold due to discontinuation or suspension of the user account as a result of breach of the terms and conditions.

8.3 – The user has the right to remove or delete an account from the Online Auction Site only if this does not compromise a Contract of Sale between a seller and buyer or other financial arrangements between a buyer, seller or ARTemiss.

8.4 – All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8.5 – Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

  1. Changes and amendments to Terms & Conditions

9.1 – ARTemiss reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will attempt to provide at least 30 days notice prior to the introduction of any new terms taking effect.

9.2 – What constitutes a material change will be determined at our sole discretion.

9.3 – By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

  1. Governing Legislation

10.1 – The terms and conditions laid out in this article shall be governed and construed in accordance with the laws of the Kingdom of Denmark, without regard to its conflict of law provisions.

10.2 – Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

  1. Indemnity

11.1 – The user agrees to indemnify ARTemiss and all associated entities from expenses and/or losses and fees resulting from breaches and violations of the terms and conditions.