Users of the Services offered by Artvisor acknowledge and accept these terms and conditions.
Owner of Artvisor and related Services
64 New Cavendish Street
Information about Artvisor
Artvisor is an online platform which provides an international marketplace for contemporary art, with a tailored advisory service. Users can buy the artworks directly from within the platform, while benefitting from the guidance of art experts (the Advisors). The artworks are offered for sale on the platform by handpicked Galleries and Artists, for which Artvisor acts as an agent.
This document is a legal agreement between you, the User, and the corporation which runs Artvisor for your use of this website and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User. “Artvisor Ltd,” “we,” “our,” “us” and like terms refer to the corporation which owns and manages Artvisor. “Artvisor” refers to the current website. “Services” means the features and functionality that you can use through Artvisor. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the top of the Agreement.
Acceptance of this Agreement
In order to use the Services, you must read carefully and agree to this Agreement and accept this Agreement by clicking the button for acceptance. If you don’t accept this Agreement you cannot use the Service.
1. Your account and the content you post on Artvisor
Content provided by the User
User is responsible for its own content and that of third parties that is shared, uploaded or posted on or through Artvisor by the User, or that is transferred by any other means by the User. User confirms to have all the necessary consents from third parties whose data and/or content are shared with the Owner and hereby indemnifies the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by Users or by third parties but it may choose to suspend or terminate display of any such content if: (i) complaints are received from other Users; (ii) it receives and accepts a copyright infringement claim that it believes to be valid and grounded; (iii) it believes that it must do so in anticipation of, or as part of, legal actions; (iv) action is requested by authorities; or (v) it believes that such content remaining accessible on or through Artvisor may pose a risk to Users, third parties, the Services and/or the Owner itself. Furthermore, the Artist/Gallery acknowledges and agrees that any upload of the relevant artworks on Artvisor shall be made according to the instructions provided by the Owner. The Owner reserves the right, at its sole discretion, to delete uploads made in violation of the relevant instructions.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Artvisor.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Artvisor. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in Artvisor, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services or for anything connected with such services.
In order to register on Artvisor each User must be invited to do so.
Deleting User accounts and account termination
Registered User can cancel its accounts and stop using the Service at any time, through the interface of Artvisor or by directly contacting the Owner, using the contact information provided in this Agreement. Upon cancellation of the account, User will no longer be able to access or use the Services. The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it believes that: (i) User has violated or will violate the Agreement; and/or (ii) User’s access or use of the Service may result in injury to the Owner, other Users or third parties; and/or (iii) result in violation of law or regulations and/or (iv) in case of an investigation by legal action or governmental involvement and/or (v) the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of the Agreement or not consistent with the standard set forth for the Owner’s network.
Contractual Relationship between the Owner and the Advisor
The relationship between the Owner and the Advisor is governed, besides the present Terms, by a separate and specific contract. In case of inconsistencies or conflict between the Terms and such contract, the latter will prevail.
Contractual Relationship between the Owner and the Artist/Gallery
The relationship between the Owner and the Artist/Gallery is governed, besides the present Terms, by a separate agency agreement. In case of inconsistencies or conflict between the Terms and such agreement, the latter will prevail.
In light of the above, as the Owner is acting in its capacity of Artist/Gallery’s agent, under no circumstances it may be considered part of the vendor-buyer relationship on its own account which takes place solely between the User and the relevant seller (i.e. Artist/Gallery).
Contractual Relationship between the Owner and the Professional Introducer
The Professional Introducer may introduce Users to Artvisor and, if such Users purchase any art piece via Artvisor, it shall receive the fees set forth in the separate agreement and/or guidelines provided to Professional Introducers as part of the registration process and which are incorporated herein by reference. In case of inconsistencies or conflict between the Terms and such agreement, the latter will prevail.
2. Purchasing process, delivery, your right of withdrawal and guarantee
Each order sent constitutes an offer to purchase the artworks. Orders are subject to availability of the chosen artworks and to the Owner’s discretionary acceptance. Users must select the artworks and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The electronic submission of the offer to purchase creates for the User the agreement to pay the price specified therein.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed, and the purchase agreement of the relevant artworks shall be entered into, solely at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order, by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased artworks. In this case, the Owner will refund the price and the delivery costs incurred by the User.
User who selected the bank transfer as a method of payment, must be aware that such order shall be automatically cancelled if evidence of the relevant bank transfer is not provided within 24 hours from the order submission (i.e. from the moment that the User’s request to purchase reaches the server of the Owner), according to the instructions provided within Artvisor.
Prices displayed on Artvisor are exclusive of VAT and taxes which, however, shall be duly calculated and clearly shown before any payment by the User takes place. You don’t need to pay for import tax if you are in the UK or Europe. However, there may be import charges if the package is shipped to other countries. Please check with your local authority for details.
Methods of payment
Artvisor uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Upon User’s payment the Artist/Gallery shall receive an alert in order to organise the delivery of the goods. The Artist/Gallery shall bear full responsibility for the delivery of the goods which is carried out at the Artist/Gallery’s sole risk. The Artist/Gallery bears the risk of damage and loss of the goods until the goods are accepted by the User at the place where the goods are to be delivered in accordance with the contract entered into between the Artist/Gallery and the User. The Owner may offer, at its sole discretion, access via Artvisor to third parties offering an integrated logistics solution tailor-made for fine art logistics services. If the Artist/Gallery chooses to use such service, the Owner shall be able to provide the User with:
- the best offer among those available from different carriers;
- a precise quotation of the delivery costs at the very moment of purchase according to the User’s choice and
- prevent any possible delay that may occur in the delivery of the goods.
The delivery service is usually offered with a transport insurance policy which covers the goods in transit, unless the User explicitly states otherwise and refuses such insurance service.
Right of withdrawal
Please note that this right to withdraw is additional to any other statutory rights that User may have as a consumer.
If the User is a consumer (i.e. not a business and not purchasing products from Artvisor for purposes which are wholly or mainly in connection with any business), they shall have the right to withdraw from the contract for any reason and at any time within the withdrawal period (see below).
The withdrawal period starts when the Owner sends the User the confirmation of despatch of the goods and ends 14 calendar days after the day on which the goods are delivered to the User or their nominated third party.
To exercise the right of withdrawal, the User is obliged to inform the Owner of its decision by either completing the cancellation form at the bottom of these Terms or sending the Owner an email/letter (to the address at the top of these Terms) clearly stating that the User wishes to withdraw from the contract. Either way, the User must send the completed form or an email/letter before the end of the 14 calendar day withdrawal period. After sending the cancellation form or email/letter notifying the Owner that the User wishes to withdraw from the contract, the User must send the relevant products back to the Owner at the address specified from time to time.
Please note that if the User withdraws from the contract, it will have to pay the cost of returning the relevant products to the Owner. The Owner is not obliged to give the User a refund until it receives the returned products or it receives evidence that the User has sent the products back to Owner. The Owner therefore strongly recommends using a secure or trackable method of delivery or a courier.
Effects on withdrawal
Users who correctly withdraw from the purchase contract and return the products to the Owner will be reimbursed for all payments made, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery offered, which would have incurred lower delivery costs) without undue delay and in any event not later than 14 calendar days from the day on which the Owner receives the returned products (or the User supplies evidence of having sent the products to the Owner).
Such reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursements. As specified above, the reimbursement may be withheld until the receipt of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest. The User shall send back the goods and return them to the Owner following the instructions provided by the same for the return of the art pieces or, in lack of, those provided by the Owner, without undue delay and in any event not later than 14 calendar days from the day on which they have communicated the withdrawal from the purchase contract. The deadline is met if the User sends back the goods before the period of 14 calendar days has expired. The costs of returning the goods shall be borne by the User. The User is solely liable for any diminished value of the goods resulting from the handling of the goods in a way other than what is necessary to establish their nature and characteristics.
Any possible additional policies and/or procedure implemented by the Owner and/or the Artist/Gallery, shall be promptly displayed to the Users as part of the purchasing process.
The User who buys as a consumer has the right to a guarantee of conformity for products and services bought within 24 months of their purchase, provided that notice is given of the defects found within 2 months of their discovery either by using the dedicated form on Artvisor or by directly contacting the seller (i.e. Artist/Gallery) at the contact details provided.
The Artist/Gallery is requested to provide the User who buys as a consumer with the right to a guarantee of conformity for the items bought within 24 months of their purchase, provided that notice is given of the defects found within 2 months of their discovery. To exercise the right of guarantee of conformity, the User is obliged to carefully check the procedure set forth by such third parties in their return policy or, in lack of, contact the Artist/Gallery at the contact details provided by the latter or on Artvisor.
Furthermore, the Gallery is solely responsible to provide the User with the certificate that proves the authenticity of the art piece/s bought by User and/or any other equivalent document established by the applicable law.
Obligation of the Artist/Gallery in case of exercise of the right withdrawal or guarantee by the User
In case the User exercises, for whichever reason, the right of withdrawal or the right of guarantee, the Owner shall always be entitled to ask and receive back from the Artist/Gallery any amount paid by the User for the purchase of the artworks (inclusive of taxes and expenses), if such payments have been already transferred to the Artist/Gallery’s accounts.
3. Fees of the Owner
Fees of the Owner
The fees due to the Owner by the Artist/Gallery and the invoicing procedure are those set forth in the separate agency agreement and/or in the guidelines provided to the Artist/Gallery, which are incorporated herein by reference . Such fees are strictly confidential and cannot be disseminated or made public by any means.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Artvisor and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Artvisor or any portion of it;
- circumvent any technology used by Artvisor or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Artvisor;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Artvisor or its content;
- rent, lease or sublicense Artvisor;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- register or use Artvisor for the purpose of approaching the Users in order to solicit, promote, sell or advertise any products or services of any kind via Artvisor;
- use Artvisor in any other improper way that violates these Terms.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Artvisor are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos and any other intellectual property rights concerning the Artist/Gallery and the artworks published by the Artist/Gallery on Artvisor are, and remain, the exclusive property of such third parties or their licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not own any of such intellectual property rights and it is allowed to use them within the limits of and in compliance with the present agreement and for the purposes set forth herein.
The Artist/Gallery is solely responsible for the artworks that are shared, uploaded or posted on or through Artvisor. The Artist/Gallery confirms to have all the necessary intellectual property rights to the published artworks or, alternatively, the necessary permissions/licences to publish such content and hereby indemnifies the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or breach of any third party intellectual property rights.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 18 use Artvisor.
Limitations of liability
Nothing herein shall exclude or in any way limit the Owner’s liability for death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors (as applicable); fraud or fraudulent misrepresentation by it or its employees; or any other liability to the extent the same may not be excluded or limited as a matter of applicable law. The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Although the Owner shall do its utmost to provide Users with a reliable network of professionals, User must understand that it is impossible for the Owner to carry out a thorough due diligence on every artwork displayed on Artvisor and offered for sale by the Artist/Gallery. For this reason, User is invited to carry out a diligent and careful research about the Artist/Gallery and/or on the artworks of interest and promptly report to the Owner – using the contact details provided in the present document – every doubt/problem that may arise as a result of such research.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Artvisor or by other means.
Users who continue to use Artvisor after the publication of the changes accept the new Terms in their entirety.
Users who continue to use Artvisor after the publication of the changes accept the new Terms in their entirety.
All communications relating to Artvisor must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Authoritative version of these legal documents
These Terms have been written and reviewed in the English language. Any translations into any language other than English are to be considered mere translations. In case of any discrepancy or inconsistency, the English language text shall prevail in any event.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner and/or with other third parties (i.e. Artist/Gallery). The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.
Latest update: 20 September 2016