Terms of Sale
Terms of Sale
1. Introduction
2. General
3. Title and Risk
4. Ownership of the artwork copyright
5. Data protection
6. Exclusion of liability
7. Rights of third parties
8. Governing law and jurisdiction
Terms of Sale
Standard terms and conditions for the sale of artwork
1. Introduction
These terms and conditions (the “Terms and Conditions”) apply to the sale of artwork (the “Artwork”) by the Artist (the “Artist” or “Seller”) to you as the buyer. It will always be made clear on the invoice who is the seller.
These Terms and Conditions apply to all purchases made by you on Subjektiv platform. By placing an order to any Artwork, you express your consent to be bound by these Terms and Conditions. You agree that this document sets forth the legal terms that apply to any sale of Artwork made between the you as the Buyer and the Artist as the Seller for any purchase and sale made on Subjektiv platform.
The Terms of Use define rights and obligations that are an integral part of each sales agreement that you conclude with other users of the platform while purchasing the Artworks. These Terms and Conditions shall prevail over any statutory or contractual provisions in case of conflict. Capitalized terms not defined herein shall have the same meaning as assigned to them by General Terms and Conditions of Use.
2. General
You may purchase Artworks that are listed on Subjektiv platform by Artists or Sellers. When you purchase such an Artwork, you are purchasing the work from the person identified on the listing for such work and not from Subjektiv. Transactions for the purchase and sale of Artworks made through our website are directly established between the Buyer and the Seller. Subjektiv is not a party to the sales transaction and is not subject to the terms of sale or any other provision taken between the Buyer and the Seller.
Prices for Artwork will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT and custom duties, if any, for which you are responsible and which will be separately identified on your receipt. Subjektiv and/or its third-party service providers will collect your billing and shipping information and process your payment.
Certain Artworks (including, but not limited to, bulky and oversized items) may require additional shipping and handling charges and special arrangements. The seller or artist identified on the listing of the Artwork will ship the purchased work directly to you.
3. Title and Risk
All Artworks listed on Subjektiv platform are sold by the respective Artists as the sellers. Subjektiv does not act in capacity of the seller and does not assume any rights or liability of the seller.
The Artworks are sold on condition of being free from all liens and encumbrances, and assumption that person listed as seller has full legal capacity to sell Artwork and is entitled to do so without consents/additional actions of third parties.
As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.
4. Ownership of the artwork copyright
It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. You are, however, not restricted to resell the purchased Artwork as its legal owner, unless you have agreed with the Artist different terms.
Copyright in the Artwork remains the property of the Artist.
You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose. At the same time, Subjektiv reserves the right to keep image of Artwork published on Subjektiv platform. You hereby grant Subjektiv an irrevocable, perpetual, non- exclusive, worldwide and royalty-free license to keep image of the purchased Artwork published on Subjektiv platform.
If you breach any of your obligations expressed in this section above, you agree that:
(a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach;
(b) The Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) The Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
5. Data protection
The Artist may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork. By agreeing to these Terms and Conditions you agree to such information being used in these ways and for such information to be disclosed to the Artist if you are in breach of your obligations under these terms and conditions.
6. Exclusion of liability
Subjektiv makes no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. Subjektiv and its employees, or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
7. Rights of third parties
No person other than you have any rights under these Terms and Conditions other than in respect of paragraph 4 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.
8. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
Any disputes which may arise in connection with the purchased Artwork must be resolved exclusively between the you as the buyer and the seller. Subjektiv may not act as the side of the dispute and does not assume any liability in connection with the sale of Artwork.