TERMS AND CONDITIONS
These terms and conditions govern how any Artwork owned by a person registered with Juvenate Media Trading as www.artcommunity.net . may be offered for sale and sold on the website. Each contract for the sale of Artworks by you ( seller) shall be concluded in accordance with these Terms and Conditions, the current version of which, as amended from time to time in accordance with these Terms. When you display Artworks for sale on our Platform you will be offering to sell these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Artworks.
JUVENATE MEDIA TRADING as Art Community operates the website. JUVENATE MEDIA TRADING is an Art Community based in United Kingdom. Our registered address is Kingsley House, Church Lane, Shurdington, Cheltenham, England Gl51 4TQ. Our email address is Info@artcommunity.net .
You hereby authorize us to act as your commercial agent to promote your Artwork(s) for sale to Customers via the Platform, to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform and to accept payment on your behalf via the Platform. Each such Contract is between you and the Customer only. We are not a party to that contract and we are neither the buyer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales.
PAYMENT AND DISPATCH
The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement.
You must dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification of the Customer’s order within 48 hours, and delays contact buyer directly to explain. Customers may only pay for Artwork(s) they purchase via the PayPal.
Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.
In consideration of the services provided by us, you shall pay the 15% commission on each sale to cover our staff and marketing expenses. Payments shall be made only through PayPal directly to us, once the art has been dispatched you can then claim the money owed minus any costs and our 15%.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with law of the United Kingdom. The courts of United Kingdom shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms and Conditions and any documents they refer to.
When we accept your application to register on the Platform as a Seller, we set up a data account for you in our systems (Seller Account) and a new platform/shop under your name where you the seller can sell each of your Artwork. If we provide you with account information such as a username, identification number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on our website or are consignor of such Artworks as directly authorized by their creator. You additionally warrant that you have obtained all clearances and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.
You acknowledge and agree that you are solely responsible for all Artwork Content you upload to our website. You may not upload Artwork Content or any other materials which we reasonably believes to be: Offensive, including material that incites racial hatred or promotes discrimination; Obscene or pornographic; or Materials 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. If you sell a piece of artwork on both the Art Community and another channel, ensure your stock is updated and reflects the cross-listing within 24 hours of the sale. We reserve the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.
CHANGES WE MAY MAKE TO DOCUMENTATION
You must check these Terms & Conditions, and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time.
LICENSE TO USE
By registering and becoming a Seller and uploading Artwork Content you grant us a worldwide, non-exclusive, royalty-free, sub licensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels in any media now known or not currently known. This right and license are solely for the purpose of enabling Juvenate Media Trading as Art Community to use your content for the promotion of the Platform. Juvenate Media Trading as Art Community does not claim, and so may not violate, ownership rights in your Artwork Content.
OBLIGATIONS AND INDEMNITIES
You shall have sole responsibility for ensuring the accuracy of all information provided to the website. Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, we reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.
Each of the parties hereto shall keep confidential any information obtained from the other party. Confidential Information includes the Trade secrets, documentation, advertising copy, search terms, graphic material, prices, costs, and employee and Artist lists. Company and Artist will use reasonable care to prevent the unauthorized use or dissemination of confidential information. Reasonable care means at least the same degree of care both uses to protect their own confidential information from unauthorized disclosure.
We are independent contractor, and neither we nor our staff is, or shall be deemed, your employees. In its capacity as an independent contractor, we agree and represent, and you agree, as follows: (a) We have the right to perform services for others during the term of this Agreement subject to non-competition provisions set out in this Agreement, if any. (b) We have the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed. (c) We have the right to perform the services required by this Agreement at any place or location and at such times as we may determine. (d) The services required by this Agreement shall be performed by us, or our staff, and you shall not be required to hire, supervise, or pay any assistants to help us. (e) We are responsible for paying all ordinary and necessary expenses of its staff. (f) Neither we nor our staff shall be required to devote full-time to the performance of the services required by this Agreement.
We shall have no liability to you for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against you by any third party or which may be suffered by you fall into the following categories: a. Any indirect or consequential loss arising under or in relation to the Agreement even though we were aware of the circumstances in which such loss could arise; b. Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill; c. Loss of data;
(a) Complete Agreement: This Agreement is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements, and documentation relating to such subject matter. In the event of a conflict between the provisions of the Agreement the Agreement shall take precedence. (b) Modifications to Agreement: Modifications and amendments to this Agreement shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. (c) Notices: All notices and other communications given in connection with this Agreement shall be in writing. (d) No Agency: Nothing contained herein, will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. (e) Severability: If a court finds any provision of this Agreement invalid or un-enforceable, the remainder of this Agreement will be interpreted so as best to carry out the parties’ intent. (F) Notice to leave: If at any time you decide to leave or close your online shop, we Juvenate Media trading as Art Community require 1 months’ notice.
Please confirm you agree to this contact by ticking this box —– This is considered as a online digital agreement