GENERAL TERMS AND CONDITIONS OF USE
Who we are?
ArtBaazar.com is owned and operated by Black Sheep Creative Limited, Registered Number 611614, incorporated in the Republic of Ireland, with our registered office at 77 Camden Lower, Dublin 2, Ireland.
If you have any queries, you can email us at firstname.lastname@example.org, use artbaazar.com’s ‘Get in Touch’ page or write to us at Black Sheep Creative Ltd, 77 Camden Street Lower, Dublin 2, Ireland.
By which laws are these Terms governed?
These Terms are governed by the laws of the Republic of Ireland and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland with respect to your relationship with ArtBaazar.com. It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the site.
ArtBaazar grants you permission to use our Website as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Website in any medium without ArtBaazar's prior written approval; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose (iii) you agree to the Terms and Conditions as set forth in this document, and (iv) your use of the Website as permitted is solely for your own personal use. In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account and user profile you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify ArtBaazar of any unauthorised use of your password or account or any other breach of security. ArtBaazar cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If ArtBaazar suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website. You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the ArtBaazar servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ArtBaazar grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ArtBaazar reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion. You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by artists and any other materials (collectively the "Content") or services to the Website. The Website may contain links to third party websites that are not owned or controlled by ArtBaazar. ArtBaazar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release ArtBaazar from any and all liability arising from your use of any third-party website.
USER CODE OF CONDUCT
The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website. You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:
In addition, you may not use the Website to:
SALES OF GOODS BY ARTBAAZAR
ArtBaazar offers goods for sale via the ArtBaazar Website. These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, confirmation of order or other document. The website's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
ORDERS AND SPECIFICATIONS
All Goods are offered for sale subject to availability and subject to the Sellers acceptance of the Order.
The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
Artbaazar has a policy of continuous product development with the Artists we work with and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the bespoke, hand crafted nature of many of the Goods sold on ArtBaazar, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed on the ArtBaazar website.
The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor or home printing device.
PRICE, PAYMENT AND CURRENCIES
All prices shown on the website are inclusive of applicable VAT / Sales Tax and a US$40 shipping admin fee. The main currency on the website is US dollars and the final selling price shall be shown at Checkout in US dollars. The Buyer shall be responsible for any other taxes such as Customs Duty applicable in the territory to which the Goods are sent.
Payment must be made via Artbaazars website payment facilities unless otherwise agreed in writing by ArtBaazar. Payment in full will be taken at this time and the Contract will be in force.
The Buyer undertakes that all details provided to ArtBaazar for the purpose of the Order and its delivery will be correct. ArtBaazar reserves the right to obtain validation of the Buyers credit card or debit card details before accepting the Buyers Order.
ArtBaazar reserves the right to limit, invalidate, or deny the application of credit to a purchase at any time. ArtBaazar may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by ArtBaazar. ArtBaazar reserves the right to reject any Order based on erroneous pricing, discounts, or promotions.
All works offered for sale through www.artbaazar.com are to be dispatched within five working days of your payment being received for the work, unless we otherwise inform you about any unforeseen delays or contact you to propose different delivery arrangements. Delivery costs are in addition to prices quoted for artworks on www.artbaazar.com, unless otherwise advised. Notification of delivery costs will be confirmed and collected along with the sale price when you complete the checkout process on our website, as well as any applicable VAT / Sales Taxes. These details will also be confirmed by email once the artist has agreed to accept the offer which you have made for their work.
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be via the shipping agent / courier chosen during checkout and at the discretion of ArtBaazar in line with our Delivery Policy.
The Seller will endeavour to process and ship the purchase Order within 5 working days of Order Confirmation. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
RISK OF DAMAGE AND TRANSFER OF GOODS
Risk of damage to or loss of the Goods will pass from the Seller to the Buyer on delivery at the agreed address.
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.
REFUND POLICY - RETURNS, EXCHANGES AND CANCELLATIONS
If you are not totally satisfied with any work bought through www.artbaazar.com, you can receive a full refund in line with our Terms and Conditions of Use (excluding delivery costs) by returning the work within 14 days of initial receipt of the work from the artist. However, in the case of a return you will be liable to pay the costs of shipping in both directions - covering the costs of the initial delivery of the work to you and its safe and secure return to the artist. Please note that ArtBaazar.com represents artists from many different geographical locations and countries, which can cause the delivery / return costs to fluctuate accordingly. Please be aware that the cost of delivery / return can differ dependant on the directions the item travels and delivery service chosen. These costs are regulated by the delivery service provider and www.artbaazar.com cannot be held responsible for any differences in these charges as it is dependent on third party services and prices. You, as the buyer will be responsible for the cost of returning the work, securely packaged in its original condition and for covering the costs of insurance during its transit.
The buyer shall have the right to return a purchase within fourteen days of Receipt for an exchange or refund at his/her preference if the item is defective or for any other just and fair reason provided they do the following:
(i) Email email@example.com within fourteen days of Receipt stating:
(ia) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund
(ii) Return the Goods to the Seller in the condition it arrived in, via the instructions that ArtBaazar sends following your email.
(iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
ArtBaazar will not be held liable for any damage to any Goods caused any time after Receipt of the Order. ArtBaazar or the Seller will not be able to accept any returns of Goods that have been damaged after Receipt.
ArtBaazar will investigate, process and refund/exchange all returns, where applicable, within 30 days of receiving notice of the buyers intention to return the goods and requires the buyer to comply with any requests for information in order to ascertain the validity of their request for a refund.
Buyers may request to cancel an Order within 24 hours of placing the Order by emailing firstname.lastname@example.org. ArtBaazar will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.
USER CONTENT & ARTIST SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Website users ("Opinions") and any Content provided to us by Website users are not endorsed by ArtBaazar, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Website are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual. ArtBaazar requires all artists to agree to the Seller Terms and Conditions terms set forth in the submission process and these Terms and Conditions when submitting their art works for consideration ("Art Submissions"). While ArtBaazar makes every attempt to validate the legitimacy of all Art Submissions before showcasing and selling work on the site, the person uploading any such Art Submissions, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such Art Submissions being sold via the Website or otherwise made available on the Website.
INTELLECTUAL PROPERTY RIGHTS
The Content on the Website, excluding any Art Submissions, created by ArtBaazar and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ArtBaazar, subject to copyright and other intellectual property rights under Irish, European Union and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of ArtBaazar or as expressly provided herein. ArtBaazar reserves all rights not expressly granted in and to the Website and the Content contained therein. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Art Submissions of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art Submissions for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
ArtBaazar requires our users who post Content and artists who submit Art Submissions to respect and 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 Submissions, that is copyrighted material belonging to others, without obtaining their prior written consent. ArtBaazar reserves the right to remove any Content and/or Art Submissions if we believe it may infringe the copyright rights of others. ArtBaazar also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term of Service. 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 the following:
ArtBaazar may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other ArtBaazar services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Website or any other ArtBaazar product or service. 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); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in ArtBaazars sole discretion and that ArtBaazar 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.
MODIFICATIONS TO THE WEBSITE
ArtBaazar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. ArtBaazar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, ArtBaazar, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtBaazar, disclaim all warranties, express or implied, in connection with the Website and your use thereof. ArtBaazar makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. ArtBaazar does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and ArtBaazar will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from ArtBaazar or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
In no event shall ArtBaazar, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtBaazar, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that ArtBaazar shall not be liable for any content, any Submitted Art, Copyright violation by a user of the ArtBaazar Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
With regards to Goods purchased by the Buyer, the liability of ArtBaazar, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
The Website is controlled and offered by ArtBaazar. ArtBaazar makes no representations that the Website is appropriate or available for use in your location. Those who access or use the Website do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ArtBaazar, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtBaazar, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content or Art caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.
ABILITY TO ACCEPT TERMS & CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for persons under 18 years of age. If you are under 18 years of age, then please do not use the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by ArtBaazar without restriction.
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 ArtBaazar.
All of the ArtBaazar and Website trademarks are owned by ArtBaazar and may not be used for any purpose without the prior written permission of ArtBaazar.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and ArtBaazar's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. ArtBaazar reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
VIOLATIONS OF THESE TERMS & CONDITIONS
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to email@example.com. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. ArtBaazar will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.
OUR COMMITMENT TO PRIVACY
THE INFORMATION WE COLLECT
This policy applies to all information collected or submitted through the ArtBaazar services. We offer a number of services that do not require you to register for an account or provide any personal information to us, such as browsing the art, artists and other information. In order to provide our full range of services, you might need to register and we may collect the following types of information:
Information that you provide: When you sign up for www.artbaazar.com or other ArtBaazar service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as purchasing or renting, we also request credit card or other payment account information, which we maintain in secure form. We may combine the information that you submit under your account with information from other ArtBaazar services or third parties, in order to provide you with a better experience and to improve the quality of our services.
Log information: When you access ArtBaazar services, our servers automatically record information that your browser sends to us. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications: When you send emails or other communications to ArtBaazar, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
HOW WE USE THE INFORMATION
We may share with individuals and third parties certain pieces of aggregated, non-personal information, such as the number of users on the site, or how many users have viewed a profile or clicked on a particular piece of artwork. Such information will never identify you individually.
We might also share personal information with third parties outside of ArtBaazar to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of ArtBaazar, its users or the public, as required or permitted by law.
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order or when we have your specific consent to do so.
We use non-identifying and aggregate information to better design our website. For example, we may tell an advertiser the number of individuals who visited a certain area on our website, or the number of men and number of women that filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
HOW TO CONTACT US
Should you have other questions or concerns about the above Terms & Policies, please contact our Customer Support team on: firstname.lastname@example.org