Arts Bound (hereinafter referred to as the Website) is an online store, a place where you can purchase unique works of art from artists through Arts Bound Gallery. At Arts Bound, we pride ourselves on providing the highest standards of art and professionalism, from the moment you select an artwork until it is delivered to you. With this in mind, we encourage you to read our terms and conditions carefully before placing an order. We want to protect your interests so you will keep coming back! By using the website and placing an order, the Buyer (hereinafter referred to as “you” in these Buyer Terms and Conditions) agrees to our terms and conditions and has therefore entered into a binding agreement with Arts Bound (hereinafter referred to as “we”, “our”, “us” or “Arts Bound” (hereinafter referred to as “you” in these Buyer Terms and Conditions).
1 DEFINITIONS
The Website User Terms and Conditions form part of these Buyer Terms and Conditions. For your convenience, we have included definitions in these Buyer Terms and Conditions.
(1) “Arts Bound Services” means the services we provide by providing the Website as an online marketplace, allowing Artists to advertise Artwork on the Website, connecting Buyers and Artists using the Website and facilitating orders.
(2) “Artist” means any person and/or organization that lists Artwork for sale on the Website.
(3) “Artwork” means the art/artwork/products that the Buyer agrees to purchase from the Artist via the Website, including commissioned works and custom-made works as described in the individual listing on the Website.
(4) “Buyer” means the person and/or organization that uses the Website and may purchase Artwork.
(5) “Commissions” are Artworks that are supplied according to the Buyer’s requirements, so that the
Buyer can choose, for example, the subject matter or color variations, such as painting from a photograph. However, the Buyer must remember that Artwork is a personal choice and it must be clearly stated if the Buyer has any special requirements. Unless otherwise agreed, commissions require a non-refundable deposit of 50%, which must be paid in advance, with the balance due upon the Buyer’s approval of the images.
natural person acting for purposes which are wholly or mainly outside that person’s trade, business,
craft or profession.”
(7) “Intellectual Property Rights” means any patent, trade mark, service mark, registered design, copyright, right in a design, any right in contacts or databases, know-how, confidential information or process, any application for any of the foregoing and any other intellectual property rights recognised in any part of the world whether subsisting or sought, which are vested in the owning party.
“Made to Order” means a work of art which is painted/made for the Buyer based on an original work of art that the Buyer likes. They will be similar to the original but by their very nature will have variations in design and colour and no two paintings will be exactly alike in appearance. A custom piece of art will not be an exact copy of the original.
“Order Confirmation” means the email confirming the Buyer’s order and containing details such as what
the Artist has agreed to supply, the price and the expected delivery/delivery date.
“Terms and Conditions” means these Terms and Conditions which also include all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed by us in writing.
“Upload to the Site” means any submission or posting, including any information by the Artist regarding any Artwork for sale, in any format, including any posting, content or anything else that a user uploads or makes available to us for upload and subsequently appears and can be viewed on the Site. This includes participation in any available reviews, surveys, discussions, forums etc.
“User” or “you” means any person using and/or visiting the Website for any purpose, including but not limited to Buyers and Artists.
“Website” means the website and all content on Arts Bound
(3) We may change these Terms and Conditions from time to time and it is your responsibility to check the Terms and Conditions that apply at the time of your order. We also advise you to print out these terms and conditions once you have placed your order.
(4) Any queries should be made in writing to the address given in this clause.
3 ARTWORK
(1) Sales and Artwork Responsibility – We are an online marketplace, a venue that allows you to buy unique works of art from artists using the Website, which is owned and operated by us, Arts Bound Gallery. As an online marketplace, we connect artists and buyers who buy and sell unique works of art using our Website services, which means you do not buy anything from us directly. These Terms incorporate all policies on the Website.
(2)(a) Details of the Artwork for sale are displayed on the Website and are provided by the Artists who understand that they must comply with the law and provide details of the Artwork, but if you require any other information or have any questions, you can contact the Artist directly using the “contact the artist” form available on the Website or email us before placing an order.
(b) Any quotations will be valid for 14 days. Any specifications, descriptions or details of the Artwork in any format or any form of advertising material are displayed by us to provide some indication of the Artwork and do not form part of any agreement unless specifically stated in the Order Confirmation.
(3)(a)(i) You may place an order with an Artist by following the instructions on the Site. Artists reserve the right not to accept orders for any reason.
(ii) Once your order has been accepted, you will be sent an order confirmation email.
(a) Offer an alternative OR
(b) Cancel the order and you will be given a full refund within 14 days of the cancellation date.
(5)(a) Commissions – The Artist will agree a commission price based on your requirements. 50% of the agreed price is payable once you have placed your order. Images will then be sent to you for approval. Once you have approved the images you will not be able to cancel the Commission.
(b) Made to Order – Once the Artwork has been completed, images will be sent to you for approval. Although you are not legally allowed to cancel these orders, you are given a 14 day period in which to change your mind and return the Artwork, provided it is returned in its original condition and you return it fully insured until delivery to the agreed return address.
(c) You may approve the images by contacting the Artist directly using the ‘contact artist’ form available on the Site or by emailing us at _________.
(6) Except as expressly provided in these Terms and Conditions or in the statutory warranties that apply to consumers, all warranties, express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
4 PRICE AND PAYMENT
(1) (a) You are purchasing from Arts Bound Gallery, who will always invoice you directly. You must pay the full price of your order before the Artist will ship the Artwork to you.
(b) Except for international sales and commissions, and for made-to-order works, the price of the Artwork, including any applicable VAT or taxes, is as stated on the Site at the time of purchase.
(c) You agree to pay all amounts due under these terms and conditions in the manner stated, without any set-off, deduction or counterclaim.
(c) Please see the Commission and Made-to-Order section. The price you will pay will be confirmed in the Order Confirmation and the Artist will provide you with an invoice.
(d) Additional Works or services will be subject to additional charges.
(e) Unless otherwise agreed in writing, you must pre-pay before the Artwork is shipped.
(2) The Gallery will provide carrier details in the shipping email. Delivery will be made by the carrier to the address specified in your order. You must ensure that someone is present to accept delivery. If we are unable to deliver your item within 30 days of your order date, we will notify you by email to arrange another delivery date.
You can contact us directly by phone at: +47 453 94 629, or write to us at: sale@arts-bound.info
(3) Payment will be made to us in accordance with the order process on the Site, which describes the current payment methods accepted by the Site. Use of any payment card or payment method constitutes your confirmation that all information contained in the order is true and accurate and that you have the right to use that payment method. Sometimes users may be asked to provide additional information, such as additional details of personal data (such as your address), in particular so that we can fulfill the order.
(4) Artists may agree to reserve an artwork for you, for example if you are moving house. If we agree,
this will be on the following basis
(a) You must pay a non-refundable deposit of 10% to reserve the artwork.
(b) The remaining balance (90%) must be paid within 30 days of the date of the deposit.
(c) If you fail to pay the remaining amount by the due date (see 4(4)(b) above), the artwork will no longer be reserved for you, may be offered for sale to someone else and your deposit will not be refunded.
(5)(a Any artwork shipped from a country other than the buyer’s country will likely incur additional costs. These may include taxes, customs duties and/or handling fees. In this case, the courier will require payment from the buyer prior to delivery. Returns and Refunds As you are purchasing the Products by mail order, you may have the right to cancel. If you do this (and
only if you do this), the following conditions apply: All correspondence regarding the return of the Product will be between you and us. You may not contact any artist directly for any reason. You cannot cancel orders for artwork commissioned by an artist in any event. The Product must be returned to the artist within 21 days of delivery:
1 with the product and all packaging in their original condition;
2 securely packaged;
3 including our delivery note;
4 at your own risk.
5 Once our artist has received the Product, we will credit your credit or debit card for the full cost of the returned product no later than 30 days from the date of receipt;
7.6 If you do not return the Product to us, you will still be responsible for the cost of the product.
7.7 We are under no obligation to collect or return the Products to you but if we do so you will be responsible for our costs.
(6) Loyalty Points Scheme – details of the scheme can be found here: If you have accumulated enough loyalty points you can use them as payment for all or part of the price of the artwork you purchase.
5 DELIVERY
(1) Delivery will be arranged by the Artist to the address you provide in your Order Confirmation. The Artist will provide information on delivery times when dispatching your Artwork.
(2) You must ensure that someone is present to accept delivery.
(3)( If we are unable to deliver your item within 30 days of your order date, we will notify you by email to arrange another delivery date.
(4) We may deliver items in parts if the item is not available for delivery at the same time.
(5) Multiple Artworks may be shipped individually.
(6) Artists may offer different shipping options (different shipping methods and services), so please ensure that you, the Buyer, select the option you require. However, sometimes these options may be limited due to the type of Artwork or the country you wish to ship the Artwork to. If you have any questions about shipping, please contact the Artist directly using the “contact the artist” form available on the Site.
(7) Although you may have a choice of shipping options where applicable (such as exercising certain consumer rights), only any basic shipping costs (the cheapest) paid by you will be refunded, unless the Artwork provided to you by the Artist is damaged or faulty.
(8) If you have special delivery requirements, you must contact the Artist directly using the ‘contact the Artist’ form available on the Site or email us.
confirmation, Artists aim to dispatch the artwork to you within 14 days of the date of acceptance of your
order to comply with the law. If there is a delay, the Artist will notify you by email so that you can cancel
your order or select another artwork.
(10) However, dispatch and delivery times are estimates only and neither we nor the Artists will be liable
for late delivery or unavailability of the Artwork.
(11) For bespoke orders or artwork
(i) The Artist aims to provide you with estimated delivery dates within 7 days of your order date and
aims to deliver within 30 days of your order date.
(ii) if the Artist fails to deliver the item within 30 days of your order date, the Artist will, at their option,
either
(i) provide you with a revised delivery date, or
(ii) cancel your order and refund your payment. If payment or partial payment is made with loyalty
points, these loyalty points will be deducted.
(3) If for any reason the Artist is unable to ship the exact Artwork you ordered, the Artist will either
refund the price paid for it or email you and offer you an alternative item.
(4)(a) You are responsible for ensuring the accuracy of the delivery information and for arranging for
delivery of the Artwork. Risk in the Artwork passes to you upon delivery of the Artwork.
(b) If you have made no arrangements for delivery and delivery is attempted, you are responsible for
any additional delivery charges.
Artwork and the condition of the package when it is received.
(6) When you receive your order, you are responsible for carefully inspecting both the packaging (before
opening it) and the Artwork for any damage. If there is any damage or, for example, if the packaging
shows signs of damage before it is opened, we strongly recommend that you sign for the package,
“Received Damaged”. In the event that the Artwork is subsequently found to be damaged, please email
us at www@artsbound.com .
(7) For international sales (where you purchase from an Artist who is located in a country other than
your country of residence and/or where you wish your Artwork to be shipped to), you may be
responsible for additional charges. Please see especially paragraph 4(1) and paragraph 6 below.
6 INTERNATIONAL SALES
(1) The Site connects Buyers and Artists from all over the world. This applies if you are buying from an Artist who is based in a country other than your country of residence and/or where you wish your Artwork to be shipped to – we call this International Sales.
(2)(a) The price is displayed in British Pounds Sterling (GBP), so you will be charged in GBP.
(b) If a currency converter is displayed on the Site, this is for reference only, as if your own payment
method is not in GBP (such as EUR or USD), your payment method provider may charge you for payment in GBP and will also calculate the currency exchange rate.
(c) You are responsible for currency exchange rates and fees, so please check with your payment provider before placing your order.
(3) (a) (i) Because the Site connects Buyers and Artists from all over the world, shipping Artworks to an international address (one in a country other than the Artist’s home country) is at your expense and risk, so we always advise you to contact the customs officials in the country where the delivery address is located directly so that you understand what duties or other charges may be imposed if you order goods to be shipped to that country.
(iii) If you are a buyer purchasing for your business, you may be entitled to pay no VAT or to reclaim any VAT you have paid. Each Artist has agreed in their Terms with us to assist you reasonably in this regard.
(4)(a) You are solely responsible for complying with any import laws and requirements in force in the
country where the delivery address is located.
(b) In addition to the actual purchase price of the Artwork, you will be solely and entirely responsible for any taxes/duties, fees, charges, handling costs, shipping costs, insurance that may arise or apply to your order and delivery.
(5) This means that the Artists will not be responsible for any costs incurred as a result of delivering the Artwork to you.
(6) For all international sales, we also recommend that you
– check the units of measurement and weight used (e.g. imperial inches or metric centimeters)
– remember to allow extra time for delivery of your artwork
– if you have any questions regarding the Artwork, including VAT, customs or other duties, as well as delivery, please contact the Artist directly using the contact details provided on the Site – they will be happy to answer any questions you may have.
CONSUMER CANCELLATION RIGHTS
Changes to cancellation rights are an area where changes are likely to occur.
