This website is operated by Arts Market Gallery. Throughout the site, the terms “we”, “us” and “our” refer to Arts Market Gallery website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 



By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

By accessing or using this digital platform, you accept and agree to be legally bound by these Terms of Use ("Terms"). These terms and conditions regulate the business relationship between you and Arts Market Gallery Ltd, a UK registered company (Company no. 13558276). Company address: 75 Shelton Street, Covent Garden, London, UK, WC2H 9JQ ]. By using our online Web Site that allows us to sell our products and services to you. 

You are: visitor to Our Web Site / Our customer

TERMS

The team at Arts Market Gallery would first of all like to thank you for visiting our website here at www.artsmarketgallery.co.uk, we provides a service for viewing, selling and purchasing original works of art, Limited edition art prints and standard art prints through our website, accessible at www.artsmarketgallery.co.uk or mobile application together with any services, software tools, features and functionality made available by Arts Market Gallery Art (each Service and collectively of “Services”). We are not a party to that Contract and we are neither the buyer nor the seller 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. 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.

Please read these TERMS AND CONDITIONS and Visit our ‘PRIVACY POLICY’ carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Trading name of Arts Market Gallery Ltd, a UK registered company (Company no. 13558276). Company address: 75 Shelton St, Covent Garden,London, United Kingdom, WC2H 9JQ. 
Our store provide us with the online platform that allows us to sell our products and services to you.

First, we would like to introduce some of the terms we will be using within this document. These include the following:

1. PURPOSE AND ENFORCEABILITY

1.1 The purpose of the Arts Market Gallery website is to present Artworks from artists (here the “Sellers”) to the users of the website (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller.

1.2 The sales made through the Arts Market Gallery website are contracted directly between the Buyer and the Seller. Arts Market Gallery is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site.

1.3 Arts Market Gallery acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect.

1.4 As a result, Arts Market Gallery is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.

2. ACCOUNT, PASSWORD AND SECURITY

2.1 Although you can view the website and checkout as a guest BUYERS without creating an account, the full use and benefit of using the Website will require you to open an account and complete the registration process by providing certain information and registering a username and password. Occasionally, Users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order. Each person or organisation may only register once and have one account. Your full use of the Website may only become valid once your registration has been approved by us and we reserve the right to lawfully refuse registration which is exercised using our sole discretion. You are solely responsible for maintaining the confidentiality of the username and password and for all use and activities under your account. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.

2.2 You may not in any way transfer your registration/account or your obligations and we advise you not to allow anyone else to use your account without your express knowledge and permission.

2.3 You also specifically confirm notify us immediately of any unauthorised use, including any unauthorised use of your registration/account with the Website or any other known or suspected breach of security

2.4 You also specifically confirm Use your own reasonable efforts to immediately stop any such misuse.

2.5 You must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Arts Market Gallery if you become aware of or have reason to believe that there is any unauthorised use of your password or account or any other breach of security. You must not disclose it to any third party.

2.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

2.7 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@artmarketgallery.co.uk

3. ELIGIBILITY

3.1 The Services are intended solely for persons who are 18 years of age or 18+ become a Seller on the Arts Market Gallery Platform. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. By accepting these Terms you represent and warrant that you at least 18 years of age.

3.2 You additionally warrant that all information you provide to Arts Market Gallery, including your name, tax status, dob and country of residence, is accurate, truthful and kept up to date subject to any change.

4. Indemnity

4.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site or Mobile application, or the infringement by you, or by any other person using your computer or your mobile phone, of any intellectual property or other right of any person.

5. MEMBERS ACCOUNTS & PRIVACY

5.1.1 Buyer using the Website involve you registering, setting up an new account and creating a new password for t he website.

5.1.2 As a Buyer you are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify Arts Market Gallery of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Arts Market Gallery cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

5.1.3 The (Buyer) must not use the Website or any service provided by Arts Market Gallery: (i) in any way that causes, or is likely to cause, any service or Website (or any access to it) to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

6. INTELLECTUAL PROPERTY AND REVIEWS

6.1 Visitors and users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content.  Arts Market Gallery reserves the right to remove or edit such content.  If any person believes that any content on or advertised for sale on the Website contains a defamatory statement, or that his/her copyrights or intellectual property rights are being infringed by an item or information on the Website, please notify Arts Market Gallery  and it will respond.

6.2 If a user(s) posts content or submit material, such material becomes the property of Arts Market Gallery and users grant:

6.3 Arts Market Gallery a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

6.4 Arts Market Gallery, its sub-licensees and transferees the right to use the name that you submit in connection with such content, if they choose.  No moral rights are assigned under this provision.

6.5 The Website and all the basic content (including text, images, marks or trademarks and logos) with the exception of anything provided to us for upload or uploaded by you onto the Website, is subject to copyright which belongs to us. This means that Users can simply use the Website, but this does not convey to you any rights of ownership, nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any Website User and us.

6.6 However, both we and the Artists who own the image of Artwork on the website provide you with express permission to use the images of the Artwork on social media for promotional purposes, for example, to share an image which you like on Facebook and Instagram. However, you cannot, for example, take the image of Artwork on the website and use it on your own website, unless you have express written permission to do this.

6.7 Specifically, all Users agree that you will solely be responsible for your use of the Website and without our express agreement in writing specifically for that User, they will not breach any copyright in so far as information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not, nor will you assist any other person or organisation, as to either all or any part of material, content or otherwise, to download, copy, assign, transmit, publish, display (including in any way publicly display), use, reproduce, distribute, modify, make derivative works of or create Internet "links", frame, reverse engineer, to the Website or any part of it, without our express permission in writing, including use of our name and any copyrighted or trademarked content.

6.8 We do not claim ownership of anything you provide or upload onto the Website. However, by doing so you are granting us a licence and please refer to Clause 8.

7. UPLOADING ONTO THE WEBSITE - LICENCE TO USE

7.1 When you provide or upload anything onto the Website, the original ownership rights remain but you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the upload and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the Website. This Licence will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.

8. PRIVACY & DATA PROTECTION

8.1 We are a business registered in England and any personal data we collect will be used and stored in accordance with current Data Protection legislation in England and as the law requires for any individual’s personal data.

8.2 You need to be aware of Data protection changes and ensure that your data protection policy and processes takes this into account.

8.3 Our Privacy Policy which will explain our use of information. Please be aware that a Buyer’s personal data will always be shared with the Artists that you buy from so that your order can be completed and delivered.

8.4 our Cookie Policy which explains our use of cookies.

9. ACCOUNT REGISTRATION

9.1 In order to list a work on the Services or to make a purchase through the Services, (other than users who utilise the guest checkout option), you must first create an (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a password. Upon completion of our registration process or by utilising our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Arts Market Gallery Art reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password.

9.2 This Registered User Agreement ("Agreement") sets forth the terms and conditions governing the use of the Arts Market Gallery website, online services and interactive applications (each, a "Service") by registered users. By becoming a registered user, completing the online registration process and checking the box "I have read and understand the Registered User Agreement and agree to be bound by all of its terms" on the registration page, and using the Service, you agree to be bound by all of the terms and conditions of this Agreement. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

10. ORDER

10.1 The Artworks are offered for sale on Arts Market Gallery website, subject to their availability. Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type.

10.2 To order an Art, the Buyer must select the Art work of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify them self, if he/she has a User account). Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.

10.3 The Buyer will not be charged for the payment before his/her purchase offer has been validated, which is done within 48 hours by Arts Market Gallery, in order to ensure the Artwork’s availability from the Seller.

10.4 If the Artwork is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order.

11. SALES PRICES AND TERMS OF PAYMENT

11.1 The Artworks sale price is listed on the Site in the currency set by the Artist, excepting of delivery and packaging fees if applicable.

11.2 The payment of the artwork price by the Artist to the Seller is made via the payment services available from Arts Market Gallery : PayPal (which terms of use available at www.artsmarketgallery.co.uk.)

11.3 Transfer of ownership happens as soon as the price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on www.artsmarketgallery.co.uk.

11.4 Artist Artwork(s) be sold, We will raise a purchase invoice for the Price. The Invoice will be paid by Arts Market Gallery no sooner than 14 days after We have confirmed delivery of the Artwork(s) to the Customer.

12. INTERNATIONAL DELIVERY OF THE ART

12.1 If you order Products from our Platform for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.

12.2 Please note that we have no control over these charges and we cannot predict their amount

12.3 Buyer will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

12.4 Buyer must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

13. REFUND ART POLICY

13.1 If you are entitled to a refund, we will refund you as follows:
If you paid by PayPal, we will refund you on the PayPal; If you paid by Gift Voucher we will refund you on your PayPal; and
Please note, refunds cannot be given on commissioned art, sculpture or personalised items. Commissioned orders require a non-refundable 50% deposit before the work commences. Once commissioned work is completed, no further changes, amendments or additional content can be added. Commissioned artwork is at the artists discretion and interpretation of the supplied brief.

14. RETURNS ART INSTRUCTIONS

14.1 Returns instructions - We hope that you will be happy with your purchase but should you wish to return or exchange an item please follow the instructions within your proof of purchase email.

14.2 Non-faulty items - If for any reason you are not happy with your item, you can return it. But Goods that are not acceptable for any other reason that damaged, may be returned within 10 days for a full refund less a 20 percent re-stocking fee. Goods that have been ordered in from the Artist specifically for you can be returned within 10 days but only a Credit Note for the full amount will be issued less postage costs. We cannot accept any returns after 10 days. In all cases you must contact us first for authorisation. Goods returned which are not defective or faulty will be returned to us at your own cost with adequate insurance to cover the cost of the goods against loss or damage. This does not affect your statutory rights.

14.3 Faulty items -If you have any problems with your purchase we can offer help and assistance. Please call Customer Services.

14.4 If we arrange for an item to be repaired, please also send a copy of the proof of purchase email or store receipt. Failure to show that you have purchased the item from us may result in the repair becoming chargeable. (If a repair is chargeable, we will tell you in advance.)

14.5 Repair turnaround time is dependent on the relevant manufacturer's current workload. We will not accept any claims for losses you suffer during this time.

14.6 If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, it will not be covered by the manufacturer's warranty. Service estimates for an item not covered by the manufacturer's warranty will be chargeable. An estimate will be emailed (or sent to you by post if we do not have an email address for you) and confirmation of acceptance is required within 10 days. Where such acceptance is not received, the item will be returned not repaired and a charge may be payable.

14.7.1 The Goods must be returned to the artist within 21 days of delivery.

14.7.2 with both goods and all packaging in their original condition.

14.7.3 securely wrapped.

14.7.4 including delivery slip.

14.7.5 at your risk and cost.

14.7.6 After our artist has received the Goods, we will credit your credit or PayPal with the full price of the goods returned no later than 30 days from the date of receipt;

14.7.7 If you do not return the Goods to us, you are still liable to us for the cost.

14.7.8 We are under no obligation to collect or recover Goods from you (“Buyer”), but if we do, our costs will be payable by you (“Buyer”).

15. DISCLAIMER

15.1 Everything that you are able to access via the Arts Market Gallery's sites is presented 'as seen'. This means that there are no guarantees or warranties, either explicitly stated or implied.

15.2 The Arts Market Gallery team disclaim all such guarantees or warranties, including those implied warranties which relate to fitness and suitability for a particular purpose, and we will enforce this disclaimer to the full extent of all applicable laws.

15.3 Members are also prohibited from taking any information we provide as a guarantee that our sites will be constantly available and error free. Members are asked to take it in good faith that we will do our best to make sure that our sites are operational and accessible, but that this cannot always be guaranteed. We can also not guarantee that all problems will be put right and that our servers or the sites themselves are free from harmful content such as viruses.

15.4 Members are also asked to take it in good faith that the Arts Market Gallery team will use all the resources available to them to make sure that the content we provide is both accurate and contemporaneous. This should not be taken as a guarantee or an implied warranty that this would be the case, and this disclaimer illustrates this.

15.5 If information from our Arts Market Gallery Professionals is inaccurate, non-relevant, late, incomplete, or is defective in some other way, the Arts Market Gallery team accepts no responsibility or liability for this. This also applies to all information contained within any of our sites.

15.6 In some cases, applicable laws may prohibit the exclusion of implied or explicit warranties. In these cases, the exclusions stated above may not actually apply to you and your situation.

16. COPYRIGHT NOTICE

16.1 The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Arts Market Gallery. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Arts Market Gallery requires our users who post Content and artists who submit Art to respect an honour all copyright laws. In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Art, that is copyrighted material belonging to others, without obtaining their prior written consent. Arts Market Gallery reserves the right to remove any Content and/or Art if we believe it may infringe the copyright rights of others. Arts Market Gallery also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term of Service.

16.2 If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:

16.3 Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site.

16.4 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Arts Market Galleryto locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

16.4 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

16.5 Such written notice should be sent to Arts Market Gallery via Email to: copyright@artmarketgallery.co.uk

16.6 Arts Market Gallery will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.

17. LIMITATION OF LIABILITY

17.1 Arts Market Gallery is a venue and provides an online marketplace and gallery only.

17.2 In no event shall Arts Market Gallery and our affiliates, subsidiaries and each of our and their respective officers, shareholders, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the "Released Parties") be liable, whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill, reputation, business interruption or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related. any breach of this agreement.

17.3 The use of, or the inability to use, the digital platform or the content, materials, information, functions or products available through the digital platform.

17.4 Your provision of information via the digital platform;

17.5 Any inaccuracy or omission concerning any of the information provided on the digital platform;

17.6 Any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the digital platforms

17.7 Lost business or lost sales, even if such released party has been advised of the possibility of such damages.

17.8 Without limiting the foregoing, any materials, data, text, images or software downloaded or otherwise obtained through the digital platform are accessed, downloaded or obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device or other property that results therefrom or from your use of any such materials.

17.9 Some jurisdictions do not allow the limitation or exclusion of liability for direct, incidental or consequential damages so some of the above limitations may not apply to certain users.

17.10 In no event shall the total aggregate liability of the released parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the digital platform or the content, materials, information, functions or products available through the digital platform exceed, in the aggregate, fifty Great British Pounds (GBP 150.00) or the amount you paid for the Arts Market Gallery, whichever is greater

18. INDEMNIFICATION.

18.1 You agree to defend, indemnify on demand and keep Arts Market Gallery and the Released Parties indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable legal fees, arising in any way.

18.2 your use of or reliance on the Digital Platform or any services, content, functions, information, materials or products available through the Digital Platform, (b) your purchase or use of any products through the Digital Platform.

18.2 Your placement or transmission of any message, content, information, software or other materials through the Digital Platform.

18.2 Your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defence of such claim. In any event, you shall not settle any such claim without our prior written approval.

19. THIRD PARTY WEBSITES.

19.1 The Digital Platform may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platform. "Third-Party Websites" include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from Arts Market Gallery or any of our affiliates. The inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by Arts Market Gallery of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree.

19.2 these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by a Arts Market Gallery affiliate, or under license from Arts Market Gallery or any of our affiliates).

19.3 There are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites.

19.4 additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.

20. JURISDICTION

20.1 These Terms of Use shall be governed and construed in all respects by the laws of England and Wales. You and Arts Market Gallery both agree to submit to the non-exclusive jurisdiction of the English courts.

20.2 In simple terms, "non-exclusive jurisdiction of the English courts" means an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

21. GIFT CARDS AND PROMOTIONS.

21.1 You acknowledge that Arts Market Gallery does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party.

21.2 You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner.

21.3 If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

22. ADVERTISEMENT POLICY

22.1 Arts Market Gallery has ahas a staunch, no advertising policy. This means there will be no promotion, marketing, or sponsorship of third party goods and services on any of our sites. Please do not contact us with sponsorship or marketing opportunities, and please inform us if you see any of our promotional material or any of our sites displaying third-party products or services.

23. EXTERNAL LINKING

23.1 In the course of providing information and advice to our Artists, we shall sometimes provide links to third-party websites. Please be aware that these links and the websites they lead to are not under the control of Arts Market Gallery and that our linking to them is not an endorsement nor a sponsorship. The terms listed here do not apply to these websites and we can make no guarantees as to their content. This means we accept no liability for these websites.

24. VIRUSES

24.1 We do not guarantee that our site will be secure or free from viruses.

24.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

24.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

24.4 In the event of such a breach, by these terms of use, please do not access and/or use this website. In the event of breach of these terms of use, your rights of use shall cease immediately.

25. ART ADVISORY SERVICES

25.1 An advisory agreement shall be formed when You require us to source Artwork not available through our Gallery or on our Website, in stock, or on consignment, the basic terms of which are as follows, and which we will finalise in a Sale and Purchase Agreement for Artwork with a Net Sale Price of £50,000 or more.

25.2 Prior to engaging us as Your consultant to source Artwork, we will confirm Your instructions by clarifying, or asking You to clarify in Writing, some or all of the following details about Artwork You require us to source: 
a) Budget, or; 
b) Size and dimensions, or; 
c) Edition or unique Artwork, or; 
d) Quantity, or; 
e) Condition, or; 
f) Rarity, or; 
g) Historical and social significance, or; 
h) Provenance, or; 
i) Any other information we deem necessary to accurately fulfil Your requirements.

25.3 For guidance purposes only, we offer a range of art advisory services for a flat fee. An estimate our Art Advisory Fees for our advisory services to source artwork for You, which do not constitute a formal quote, to be based on the following:

Net Sale Price of Artwork Estimated Art Advisory Fees

£0 – £4,000:  £600
£4,001 - £6,000:  £850
£6,001 - £10,000:  £2,000
£10,001+:  15% of the Net Sale Price

25.4. At our discretion we may require a deposit of up to 50% of the estimated Art Advisory Fees, which is required before our services can be engaged. Please note, irrespective of whether You are a Business or Individual Buyer, beyond 14 days from payment, or after You have engaged any part of our advisory services for the purposes of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 s.28 (1)(b), whichever is sooner, Your deposit payment shall be non-refundable.

25.5. Our Advisory Fees are in addition to any other costs mentioned throughout these Terms, including but not limited to the Total Cost of Artwork.

25.6. Our Advisory Fees, unless mentioned otherwise, will include but is not limited to, sourcing Artwork, negotiating with the Seller on Your behalf, preparing any necessary documentation, liaising with third Parties, arranging the logistics if requested by You, and corresponding with You.
25.7. Payment for Artwork and our Advisory Fees must be made before any Artwork is purchased on Your behalf.

25.8. Together with Your agreement to a purchase, we will notify You of any additional conditions of the Seller over and above these Terms, especially with regard to limitations of resale, if applicable, before purchasing Artwork on Your behalf. Please note, upon Your agreement You will become bound to such additional terms of the Seller.

25.9. If You reject or do not purchase any Artwork we have sourced on Your request, and we are not in breach of these Terms, then, subject to the reasonable fulfilment of Your requirements and any ancillary terms made clear by us in Writing to relate to these Terms, You will become liable to pay our Advisory Fees in full.

25.10. Further to clause 32.4, Contracts formed through the advisory service cannot be cancelled, the Artwork cannot be returned, and nor can You claim any refund or return of any costs whatsoever, including our Advisory Fees.

25.11. Clause 25.9 and 25.10 is subject to our discretion and Your rights under these Terms, together with Your statutory rights in so far as any implied terms that can be excluded do not contravene these Terms.

26. RISK OF DAMAGE AND TRANSFER OF GOODS

26.1 Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.

26.2 Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.

27. CHANGES TO OUR SITE

27.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

27.2 We do not guarantee that our site, or any content on it, will be free from errors.

28. TERMINATION

28.1.1 Any violation of these terms will result in immediate restriction from using our sites or services in any way. This means you will not be able to use these sites or services unless you adhere to the terms outlined here.

28.1.2 The decision to bar access to sites and services is undertaken by Arts Market Gallery alone, and Arts Market Gallery is not obliged to provide a reason or a right of appeal. This action may be in addition to other actions taken by Arts Market Gallery within the bounds of the UK law. If any third-party websites or organisations decide to take any kind of action against you, or to terminate your service on their websites, Arts Market Gallery cannot be held accountable. Arts Market Gallery may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Arts Market Gallery services.

Cause for such termination shall include:

28.2 Breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines;

28.3 Requests by law enforcement or other government agencies;

28.4 A request by you (self-initiated account deletions);

28.5 Discontinuance or material modification to the Website (or any part thereof);

28.6 Unexpected technical or security issues or problems;

28.7 Engagement by you in fraudulent or illegal activities; and/or

28.8 Nonpayment of any fees owed by you in connection with the Website or any other product or service.

28.9 Termination of your account and access to the Website includes:
(a) removal of access to some or all pages within the Website;
(b) Deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof);
(c) Barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Art's sole discretion and that Art shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

29. BUYER ACCOUNT CLOSURE

29.1Account closure and access to the Website includes:
(a) removal of access to some or all pages within the Website;
(b) Deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof);
(c)Closing your Buyer account straight away there is an admin fee £250 (d) Admin fee is payed in fill in Paypal and the account will be close within 48hr

30. CHANGES TO TERMS AND CONDITIONS

30.1 Arts Market Gallery reserve the right to change these terms and conditions at any time, with no advance notice or warning given. As soon as these changes are published, they are considered to be in effect. By using Arts Market Gallery sites and services, you agree to check back to this document regularly, to stay abreast of any changes. This document will remain the definitive list of terms indefinitely.

30.2 All terms listed here are in effect as of 01/01/2021.

31. TRADE MARKS

31.1 All of the Arts Market Gallery and Website trademarks are owned by Arts Market Gallery and may not be used for any purpose without the prior written permission of Arts Market Gallery.

32. GOVERNING LAW

32.1 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

32.2 If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

32.3 If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.