Terms and Conditions



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF WEBSITE USE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website ArtRehome.com & .co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy [link], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

• Our Cookie Policy [link], which sets out information about the cookies on our site.

If you purchase artworks or other goods using our site, our terms and conditions of service will apply to the sales.

INFORMATION ABOUT US

Artrehome.com is a site operated by ArtRehome Ltd ("We"). We have our registered office at 22 East Hill, St Austell, PL25 4TR.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

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 However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

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

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

REGISTRATION, YOUR ACCOUNT AND PASSWORD

The site is available for users if you are at least 18 years old. In order to use the site as a buyer, seller or artist you must first register. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

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.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

SELLING ARTWORK ON OUR SITE

We aim to provide an effective platform for you to list artwork (or other goods) for sale (“Seller”) or buy such goods (“Buyer”) - we make our services available through our website, mobile applications, and other platforms. However, we are not acting as agent of the Seller. Our aim is to provide a favourable experience for both our Sellers and Buyers.

If you are a Seller offering artworks you shall:

• post a description of the goods offered and set a price. Sellers are solely responsible for the description, condition, authenticity, and quality of the goods offered;

• represent and warrant that you are free to sell the goods offered and that the sale to any Buyer will be free of any charges or encumbrances.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must not provide content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).

You cannot provide content that you do not have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright or any other proprietary right.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards posted on the site.

The views expressed by other users on our site do not represent our views or values.

RIGHTS YOU LICENSE

When you upload or post content or submit material to our site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display images of your artworks in connection with the service provided by the site and across different media and for the purposes of marketing and promotion of the site and ArtRehome Ltd. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.

OUR FEES – FAIR PICING POLICY

Using the Website is free for Buyers.

For Sellers (or Artists who are acting as Sellers), you will pay to us a commission based on sale proceeds for selling an artwork. This fee is anything from 7.5% to 15%, based on our Fair Pricing Policy and our suggestion is starting at 10% of sale proceeds (less transport costs).

As explained below (PURCHASING ARTWORKS) our site effects an introduction between Buyer and Seller and Buyers can make an offer for the purchase of artwork on the site. If a Buyer and Seller of an artwork listed for sale on our site make contact independently of our site, and a sale of that artwork is agreed, then ArtRehome Ltd shall be entitled to claim the maximum sales commission of 15% of the original listed sales price of the artwork on our site and both the Buyer and the Seller shall be liable to pay us this commission within 14 days of our request.

Following such independent sale, we reserve the right to suspend or terminate the accounts of either the Buyer and/or Seller of the artwork.

PURCHASING ARTWORKS

If you are a Buyer you acknowledge that:

• Images of artworks on the site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the artworks. The artworks may vary slightly from those images.

• It is your responsibility to determine the value, condition and authenticity of the artwork.

• Your contract to purchase an artwork is with the Seller of that artwork and not with ArtRehome Ltd. You and the Seller will be responsible for the obligations of the contract and we exclude all liability arising from the purchase contract.

• It is your responsibility to ensure that you check that the Artwork is in the expected condition at the point of collection / receipt and not to take it / sign for it if you consider it to be damaged or misrepresented.

Buyers making an offer for the purchase of artwork on the site represent and warrant by placing any offer that they are ready, willing and able to pay the full purchase price, together with all agreed transport costs, within 24 hours of sale or purchase of any single item.

Upon acceptance of the Buyer’s offer to purchase artwork, we shall separately confirm the agreement to the Seller and notify the buyer submitting that the offer was successful.

We shall email both the successful Buyer and Seller and shall provide each with the name, address, telephone number and email address of the other; Buyer and Seller are thereafter solely responsible for arranging for the transmission of payment of the purchase price within 24 hours of the transmission of our email and for prompt shipment of the goods after receipt of cleared funds.

Any dispute with respect to the sale of any artwork shall be resolved between the Buyer and Seller and without the participation of ArtRehome Ltd. The Seller is solely responsible for collecting payment from the buyer. ArtRehome Ltd does not guarantee and is not responsible in any way for the performance of Buyers or Sellers participating in the sale of artwork on the site.

PAYMENT FOR ARTWORKS

Accepted Payment Policy

ArtRehome Ltd wants to ensure that our platform offers Buyers safe, appropriate and convenient payment choices. ArtRehome Ltd requires all Sellers listing on our site to offer payments through PayPal.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We assume no responsibility for the information displayed on this site by our users, and we make no guarantee, warranty or representation as to its accuracy. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

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

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.

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. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to 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.

If you are a business, these terms of use, its subject matter and its 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.

TRADEMARKS

ArtRehome is a trademark of ArtRehome Ltd.

CONTACT US

To contact us, please email info@ArtRehome.com

Thank you for visiting our site.

ArtRehome Ltd Terms of Use (UK). Draft 3 05.12.16.