Terms and conditions
TERMS AND CONDITIONS
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
UPDATING OF THESE TERMS AND CONDITIONS
Art Bid Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice.
TERMS AND CONDITIONS FOR BUYERS
1.1 You may only use the Site to browse its content and make legitimate purchases of Works available for sale on the Site. You may not use the Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.
1.2 In using the Site you agree not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
1.3 You agree not to use the Site in any manner that could damage, disable, and overburden or impair the Website or interfere with any other party’s use and enjoyment of the Site;
1.4 You agree not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
2.1. You agree that the images of the Works displayed on the Site (“Site Images”) are guidelines only.
2.2. Art Bid Gallery has taken reasonable care to ensure that the Works are presented as accurately as possible and will accept no responsibility for differences between the Site Images and the actual Works. You understand and agree that Art Bid Gallery uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Art Bid Gallery is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
2.3. The Site and its content, including but not limited to the Site Images, may not be copied, modified, reproduced, republished, posted, transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by Art Bid Gallery.
2.4. Art Bid Gallery reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part of thereof) with or without notice to you and you hereby agree that Art Bid Gallery shall not be liable to you or any third party for any modification to or withdrawal of the Site.
3.1. The Site and its content are provided “as is” without warranty of any kind, either expressed or implied. Without limiting the generality of this clause, the following warranties are expressly excluded:
3.2. Whilst Art Bid Gallery has taken reasonable measures to ensure the integrity of the Site and its content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
3.3. You agree that Art Bid Gallery does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Art Bid Gallery control.
3.4. In no event shall Art Bid Gallery be liable for any loss or damages including direct, indirect, incidental, special or consequential damages of whatsoever nature whether based in contract, delict, strict liability or otherwise, arising out of or in any way connected with the use of the Site, the inability to use the Site, the operational failure of the Site, or for any information, data, products, and/or services obtained through the Site.
3.5. Insofar as the Site contains links to any other internet websites, you acknowledge and agree that Art Bid Gallery has neither the power nor control over any such websites and shall not be liable in any way whatsoever for the content of any such linked websites, nor for any loss or damage arising from your use of any such websites.
3.6. The use of this Site is expressly forbidden in those territories where the law does not allow any provision in this clause 4 to take full effect.
4.1. All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying Art Bid Gallery and/or any third party is the property of Art Bid Gallery or its content suppliers and protected by Kenyan and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Art Bid Gallery and is protected by Kenyan and international copyright laws. The Artists represented on the Site have granted a license to ArtBidGallery.com for all images uploaded to be available for use in support of marketing and promoting the Site. Art Bid Gallery hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for a Work with Art Bid Gallery. Unless otherwise explicitly stated by Art Bid Gallery, the copyright of any Works remains with the originating artist.
4.2. All Works are owned solely by the relevant Artists and are subject to Kenyan and international copyright laws. The Artist warrants that he has the title to and owns the Works represented to be owned by him on the Site.
4.3. The sale of the copyright in a Work is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the Artist.
4.4. Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified in 4.1 above, modification, distribution or republication of any part of such materials without the prior written permission of Art Bid Gallery, is strictly prohibited.
4.5. Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any license or right to use any trademark, patent, design right or copyright owned by Art Bid Gallery, the Artist or any third party.
5.1. Works which are not available for purchase will not be added to your shopping basket. However, due to the fact that each work is unique there is a possibility that work that has been checked out may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by Art Bid Gallery.
5.2. Art Bid Gallery shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Works featured on the Site for any reason whatsoever.
All online credit card payments and mobile phone are processed by Paypal. We have MPESA payments to but Card Holders may go to https://www.paypal.com to make purchase.
As a Member, you may purchase Original Works of Art that are listed on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from Art Bid Gallery and not from the Artist identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified upon check out. Art Bid Gallery will get you in touch with the art seller as soon as the art purchaser has committed the full payment to Art Bid Gallery and it will be the responsibility seller to ensure the Art has gotten to the purchaser as displayed on the site, and once that process is complete the site will deduct it 10% and send the balance to the seller. The terms and conditions of art bid gallery then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services.
When you click to make a purchase, your right to a refund of monies charged to your credit card or paid in any other way agreed by Art Bid Gallery, are limited by Art Bid Gallery Purchase Process. You are directed not to make any purchase through this Website unless you understand and agree to the Purchase Process. Once payment is made for the purchase, it is deemed that you have read, understood and agreed to the Purchase Process.
Art Bid Gallery reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the site if the company determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If the company cancels an order placed via the Site and Services, Art Bid Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.
Cancellations by the buyer will only be permitted if the artwork has not yet been dispatched by the art seller.
10.1. If Art Bid Gallery should fail to enforce any right or provision in the Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions.
10.2. If a court should find that one or more rights or provisions set forth in the Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
11.1 If you are under 18 years of age you agree that you have had your parents or legal guardians’ permission to send any information to us about yourself or anyone else over the internet.
11.2 Art Bid Gallery makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
PURCHASE PROCESS: BUYING ART ONLINE
Shipping and Delivery
If you have an idea for a special artwork, or you want an artwork from a specific artist based on preference to their works, send us an email at email@example.com to discuss the next steps.
Commissioned pieces are priced based on the size, medium, and complexity of the piece, and the artist’s sales history. Commissioned artworks will cost more than comparable pieces in the artist’s portfolio [in terms of size and medium]. This is due to the fact that the artist must spend time to consult with you about the project, create any necessary preliminary sketches, and take time away from their normal art practice to create your commission.
Before the artist begins working on your commission, Art Bid Gallery shall take a 70% non-refundable deposit. This assures that the artist will be paid for their time and materials. Once the piece is complete, Art Bid Gallery will send you a high resolution image of the work. Upon delivery and possession of the piece, Art Bid Gallery will proceed to charge your credit card for the remaining balance. In the event that you are not satisfied with the work upon its delivery, we are amenable to having the artist make minor changes to the artwork.
Upon commission and commencement of works, you will have a special consultation with the artist and Art Bid Gallery to explain exactly what you’d like. Once the artist begins working, Art Bid Gallery will update you as the piece progresses from initial sketch to completion. Art Bid Gallery is available to answer questions about your piece and the process, and we can arrange meetings you’d like to have with the artist given sufficient notice and the artist’s availability.
The time for commissioning an artwork varies depending on the size, medium, and complexity of the piece, and the artist’s schedule, but typically commissions take ten to twelve weeks to complete.
Art Bid Gallery welcomes the use of photographs as a great reference material when commissioning an artwork. Consultation fees for commissioned pieces will apply.
Customs & Duties
When purchasing artworks from outside Kenya via Art Bid Gallery, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
Payment is via Paypal/Mpesa
We hold a SSL Certificate ensuring utmost online security when making purchases. When you place an order with us using our secure online order form the order is encrypted. When you have finished browsing and are ready to check out, you will be redirected to the different payment options to make payment
Please note however that data transmission over the Internet or any wireless network cannot be completely guaranteed to be perfectly secure. Therefore, while we do our best to ensure protection of your personal information, we cannot guarantee the security of information transmitted to or from Art Bid Gallery.
Cancellation of Orders
Please take care when making a purchase as cancellations are not permitted except under the conditions stated in our return policy.
Return Policy in Kenya (Online sales)
We offer a Ten day period within which you should notify Art Bid Gallery on your intent to return the artwork obtained via email to firstname.lastname@example.org. Please print out this email and include it with the artwork being returned. We also appreciate that buying art online can be daunting and so we offer a Ten Day Money Back Guarantee upon receipt of the Original artwork in its original form, but you will be liable for the return delivery. No claims whatsoever on the physical condition of the artwork should be brought forward upon its possession.
All artists and artwork showcased by art bid gallery are rigorously selected by our curatorial panel. We will only exhibit work of the highest quality
Return Policy Outside Kenya (Online sales)
It is the responsibility of the buyer to carefully scrutinize and verify the physical condition of the artwork upon delivery.
TERMS & CONDITIONS OF ARTIST REPRESENTATION
This agreement is made between Art Bid Gallery, and the Artist (you). (Art Bid Gallery hereinafter known as ‘the company’) is an online art gallery that facilitates the buying and selling of original artwork without commercially exploiting digital images of works of art by artists.
This Agreement describes the general terms and conditions applicable to the representation of the Artist (you) on the company website.
Art Bid Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. Your continue access to and/or use of the Site or our services after modification has been posted on the site and notice given thereof will be construed as an acknowledgment of the new terms and conditions by yourself.
The Company has no right to transfer any legal ownership of items from the seller to the buyer. The Company provides the online platform Art Bid Gallery through which artists can exhibit and make their work available for sale.
The artwork offered on Art Bid Gallery consists of original works of art, drawings, paintings, photographs. The Artist guarantees that all statements made by the Artist to the company are true, complete, correct and not misleading in any respect.
THE COMPANY AND THE ARTIST AGREE ON THE FOLLOWING:
Artists listings may not be immediately searchable by keyword or category as Art Bid Gallery would need to review the listings beforehand. Once approved, the company will notify the artist within 10 working days with a decision as to approval or rejection of the listings.
Upon approval, Art Bid Gallery shall contact and arrange with the artist to attend to the physical photography of the listed artworks only and a resultant upload within 10 days. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
The artist retains the right to remove his listing from the Site. If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must inform Art Bid Gallery, and the image shall be deleted and confirmed in 24 hours’ time via your provided contact details.
All artists are currently eligible to apply for representation. These terms and conditions of sale do not limit the artists right to enter into any other agreements with any other person including art galleries and other potential sellers.
The Company retains the right to the final decision over who is accepted for representation on the website.
In case of breach of a fundamental term of the contract by an artist, the company reserves the right to withdraw this artist from the website or exhibitions immediately without notification. Artists must not provide false information of any kind including, but not limited to, availability of work, editions of work. Any breach of this will result in the contract being terminated and possible legal action being taken.
The Artist grants the company the right to display his/her artwork, biography and photograph on Art Bid Gallery and to offer the Artist’s artwork for sale in accordance with the terms of this Agreement.
The Company will assert your moral rights not to have your artwork treated in a derogatory manner (by any addition, deletion, alteration or amendment) whenever it is seen in public and we will give you full credit as the author wherever your artwork is shown.
The artist must show proof of ownership of any artwork made available for sale on the site. The artist must own the copyright to any artwork you offer to us for reproduction or make available for sale.
Should the Artist wish to include artwork from the site in a Group or Solo Exhibition, the Artist must inform the company at 30 days prior to the exhibition to allow the company time to unlist the artwork on its side for the duration of the exhibition.
Making artworks available for sale on the site is completely free. The Company will bear the cost of displaying and promoting the artwork.
All prices displayed on the site are in Kenya Shillings or US dollars and will be clearly indicated accordingly.
Prices of artworks are established at the sole discretion of the Artist and the company. Art Bid Gallery is not an auction website and as such the prices are fixed and non-negotiable. The Company will not discount, mark-up or have any control whatsoever over the valuation of the Artist’s artwork.
Upon a successful sale, the Company will charge a fixed sales commission.
The Company will take a 10% commission on the price of an artwork as sold.
The customer is liable for any shipping fees.
The Artist shall respond within 24 hours to the Company following an enquiry from a prospective buyer sent to Art Bid Gallery. The Artist will be notified of a sale by mobile text and/or email, and has the following obligations in completing the transaction:
(a) The Artist must ensure the artwork is easily available for collection and shipping within 1 business days of receipt of the notification of the sale and agree the date and time of collection. The Artist must provide the Company with alternative contact and collection details prior to taking leave of absence.
(b) No artist contact details are to be on, or included in, the artwork package.
(c) Should an artwork which is listed for sale on Art Bid Gallery become unavailable for whatever reason, it is the responsibility of the Artist to immediately contact Art Bid Gallery towards deleting the artwork listing from Art Bid Gallery. In the event that an artwork is sold through Art Bid Gallery that is no longer available, and the artist fails to inform Art Bid Gallery of its unavailability, the Artist is responsible for the credit card company cancellation fee or applicable bank and Mpesa charges, and will refund the Company.
(d) The Company operates a Seven Day Money Back customer refund policy provided the work is returned to the Artist in its original condition.
Payment to the Artist following the sale of an artwork will be made within seven (7) business days of delivery to the Purchaser. This allows for the expiry of any period during which the Purchaser can return the artwork and apply for a refund. The Artist will be paid the price of the artwork less the Sales Commission.
Artwork that is returned within the Company policies will be sent from the buyer to the company and, the company will return the same to the Artist. The artwork will no longer be considered sold and no money will be paid to the Artist. The Artist will not incur any costs involved in the return unless they have provided the incorrect artwork, false information, or withheld information relating to the condition and sale of the artwork.
Both parties are independent, and neither is the agent, independent contractor, joint venture, partner, or employee of the other. The Company has no relationship with the Artist except for offering the site as a platform that allows artists to offer and sell artworks at any time, from anywhere, at a fixed price. The company has no control over the safety or legality of artworks. The Artist accepts sole responsibility for the legality of his actions under laws applying to himself. The Artist is responsible for paying any tax that is due as a result of sales of the artwork through the site. The Artist is responsible for co-operating with the Company in all matters requested; including all arrangements for defective or damaged artwork.
If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services.
Any contacts made through the site may not be pursued privately by the artist for 1 year following any termination of their contract with the Company. If contact is made by either the Artist or the buyer, the Company must be informed by the Artist. Artists must never contact Art Bid Gallery buyers/clients to offer artworks or services if the contact was as a result of, or originated from a Art Bid Gallery introduction, or showcase either online or offline.
The Artist guarantees that the artwork submitted to the Company is original work and does not
infringe the copyright or other intellectual property rights of any third parties. The company might like to use images of artworks made available for sale for advertising and promotional purposes without the need to request your permission at the time. When you agree to make artwork available for sale you grant us a nonexclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity, trade-marks, database rights and intellectual property rights you have in the artwork, to be copied, published, translated and distributed in any medium and in any form for advertising and promotional purposes for the duration of this Agreement. We reserve the right to resize or crop an image and to use a detail from an image only. We confirm that you will retain the copyright in any artwork we sell on your behalf and your copyright cannot be sold by us without your prior written consent and for an additional fee to be agreed.
The Artist or the Company may terminate this Agreement by giving 30 days’ written notice to the other party. The Company may terminate this Agreement:
The Artist will indemnify the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to, or use of, Art Bid Gallery, or your violation of these Terms.
The Company will not be liable for any loss of revenue or damages arising in connection with this agreement. The Company will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damage arising out of or in connection with this Agreement. The Company has no liability of any sort (including liability for negligence) for acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. The Company makes no representation that the operation of Art Bid Gallery will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or downtime.