These Terms of Service govern your use of the website located at https://www.artdealerstreet.net/.
By accessing https://www.artdealerstreet.net/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by artdealerstreet.net.
We, artdealerstreet.net, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 11 March 2022.
Terms of Sale
These general terms and conditions of sale regulate the terms and conditions for the online sale of the artworks available on artdealerstreet.net, also they define each party’s rights and obligations in such a relationship.
The parties involved in the sale are referred to as "Buyer" and "Seller". Artdealerstreet.net does not belong to either of these two categories, but works as an intermediary between the parties, thus it is not to be considered as part of the contract.
Creating an account
In order to list and/or purchase an artwork users must create an account by completing our registration process.
The registration process requires users to provide us with personal information as well as to create a unique username and password.
By completing this process, users agree to provide accurate, current and complete information and to update such information in the case of changes.
Artdealerstreet.net is entitled to temporarily suspend or cancel a user account if it does not meet the above-mentioned criteria. Users are also responsible for their personal account information, such as the password, which should not be shared or disclosed to anyone else.
In case of unauthorized use of an account, users are required to notify artdealersteet.net as soon as possible.
In order to list a work for sale, sellers must provide all information required by artdelaerstreet.net, such as work title, description, creator, provenance, date of creation, dimensions, price, and medium.
Sellers cannot sell works created by other artists or third parties and are solely responsible for the works placed on the website. By listing an artwork for sale, sellers acknowledge that:
- They are the exclusive owners and creators of the artwork;
- They are the exclusive holders of rights, licenses, consents and releases of the works.
Sellers are allowed to temporarily or permanently remove their works from the marketplace.
Artdealersteet.net is allowed to edit and/or cancel any information provided by the seller if it does not comply with our requirements.
Furthermore, artdealerstreet.net is entitled to promote artworks placed for sale in our marketplace, by applying discounts. The discount amount will be applied on the basis of the artwork’s original price.
For every sale concluded on the website, the Seller receives a revenue share and allows artdealerstreet.net to charge a 35% commission on every artwork sale. The Seller will receive the payment only after the artwork has been delivered to the buyer.
Buyers can purchase original artworks available for sale on the marketplace. Buyers acknowledge that they are buying a work from an identified member registered on the website, not from artdealerstreet.net.
Prices for original artworks are listed on the website, and Buyers must acknowledge that prices include taxes, but they do not include shipping and handling charges, which vary according to the artwork type.
Artdealerstreet.net is in charge of collecting payments, as well as billing and shipping information.
The payment of the artwork price from the Buyer to the Seller is made via the payment services available on artdealerstreet.net.
In case of artwork purchase, Artdealerstreet.net can ask the Buyer to provide information including credit card number, expiration date, billing address, VAT ID, and shipping information.
The transference of ownership of the work to the Buyer can only occur after the payment has been concluded. Failure to pay the full price automatically cancels the sale, and the artwork is rendered available for sale on our website.
Buyers have the right to cancel their orders before they have been shipped and not be charged for them.
Shipping and delivery
Artwork shipping is organized and managed by artdealerstreet.net.
Buyers acknowledge they must pay for the shipping costs, while Sellers agree to be responsible for artworks packing and related costs. Obligations regarding the quality of the shipping packaging and its conformity are sole responsibility of the Seller.
Sellers agree to prepare the work to be ready for shipping within seven (7) days following the date of purchase. If the Seller does not comply with the 7 days shipping period requirement, the sale may be cancelled.
Sellers are also responsible for relaying accurate shipping info such as artwork's weight, shipping dimensions and shipping address to artdealerstreet.net. If this information is different at the time of shipment, artdealerstreet.net (after providing documentation) is entitled to deduct the resulting increased shipping costs from the amount that the seller receives from the sale.
Artwork delivery is made at the address provided on the order summary form, according to the terms of the relevant carrier chosen upon ordering.
Preferences regarding the delivery of the order, meaning respecting the given schedules, or changes in the preferred address for delivery are the sole responsibility of the Buyer. Artdealerstreet.net shall in no case be held liable for failure to comply with the Buyer, who is entitled to lodge a complaint against the delivery service provider.
Once the order is delivered, the Buyer is required to check the condition of the artwork and, in the case of a problem, notify artdealerstreet.net at the latest within 48 hours.
Return and refund
According to article L.121-21 (law of 17 March 2014 relating to consumption) of the code of consumption, the Buyer can exert his/her right of withdrawal from the Seller within a period of 14 days from the delivery of the Artwork, without having to bear any costs or to specify any reason.
The Buyer may use his/her right of withdrawal by directly contacting artdealerstreet.net, which is in charge of taking care of the cancellation and the refund procedure.
The refund corresponds to the total amount paid by the Buyer, including the artwork price and related return shipping costs.
In case of returned artworks that are damaged or dirtied by the Buyer, artdealerstreet.net is entitled to not accept nor refund them, reserving the right to decide at its sole discretion.
Additional Terms of Service
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service artdealerstreet.net provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Artdealerstreet.net can conduct an investigation and prosecution, involving law enforcement authorities, in case of violation of any of the above-mentioned limitations.
The intellectual property of the materials contained in this website are owned by or licensed to artdealerstreet.net and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by artdealerstreet.net at any time.
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, artdealerstreet.net makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall artdealerstreet.net or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if artdealerstreet.net or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Artdealerstreet.net does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Artdealerstreet.net has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by artdealerstreet.net of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of New York State. You irrevocably submit to the exclusive jurisdiction of the courts in that state or location.