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Terms & Conditions

These are the terms and conditions of Artstanding.co. In case you have any questions, please let us know via hello@artstanding.co.

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website (our site) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract).

1.1. Artstanding.co
These terms & conditions apply to your visit and use of the website www.artstanding.co, as well as the services provided by Artstanding to you on or through this website. Artstanding is established in Amsterdam with its registered office at Ceintuurbaan 420-2, 1074EA, Amsterdam, listed in the Commercial Register of Chamber of Commerce under file number 67978835 with VAT number NL002485231B30.

1.2. Platform
Artstanding.co is a platform facilitating the selling and buying of certain art pieces. Against that background, Artstanding.co shall not be held liable by artists, buyers or users regarding the purchase, shipping, quality, legality and accuracy of the offered artworks and content. At no point in the transaction regarding the purchase of an artwork, Artstanding.co shall be the owner of such art pieces. Artstanding.co shall also not be held liable by artists, buyers or users regarding the information, content, and accuracy of the website‘s content.

1.3. About these terms & conditions
These terms & conditions govern the relationship between artists and buyers, and between artists or buyers and Artstanding.co. Access to and use of the website and the art pieces and services available through the website are subject to these terms & conditions. These terms & conditions apply to the artists, buyers, and users.

1. General

2.1. The images of the Products on our 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 Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before placing the order.

2.2. The packaging of the Products may vary from that shown on images on our site.

2.3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2. The Products

3.1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

3. Personal information

4.1. For the steps you need to take to place an order on our site, please see our FAQs section.

4.2. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.

4.4. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

4.5. If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

4. The Contract formed between you and us

5.1. Purchase - The buyer can purchase an artwork by completing the buying process on the website.

5.2. Shipping - The artist shall ship the artwork to the buyer with care and as soon as possible, but certainly within 3 working days after the purchase has been confirmed, unless there is an exceptional circumstance which then should be communicated to the buyer and Artstanding.co.

5.3. Invoice - When a sale has been made, Artstanding.co shall, on behalf of the artist, send an invoice to the buyer.

5.4. Buyer’s payment - The buyer shall pay Artstanding.co the art piece purchase price and shipping costs through one of the payment gateways.

5.5. Artstanding’s payment - Artstanding shall pay the artist after it receives the buyer’s payment, in a monthly payment round. Artists shall provide to Artstanding.co valid payment information, such as bank or PayPal details.

5.6. Commission - Artstanding.co shall charge a commission to the artists upon sale. The commission charged to each artist shall be confirmed in the artist’s agreement, which will be signed by both parties at the beginning of their partnership. The commission is excluding VAT. At the end of every calendar year, Artstanding.co and the artist may negotiate new terms. Unless the artist and Artstanding.co discuss and agree on any changes to the commission, no changes shall be made.

5. Buying art pieces

6.1. We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business or c) changes in relevant laws and regulatory requirements.

6.2. Every time you order Products from our site, the Terms in force at that time will apply to the Contract.

6.3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

6. Our right to vary these terms

This clause 7 only applies if you are a consumer.

7.1. If you are a consumer, you have a legal right to cancel a Contract under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

7.2. However, this cancellation right does not apply in the case of any made-to-measure, custom-made or commissioned products.

7.3. You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products.

7.4. To cancel a Contract, you must contact us in writing by sending an e-mail to hello@artstanding.co. You may wish to keep a copy of your cancellation notification for your own records.

7.5. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you normally within 3 working days after your artwork has been returned or as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4. If you returned the Products to us because they were faulty or misdescribed, please see clause 7.6.

7.6. If you have returned the Products to us under this clause 7 because they are faulty or misdescribed, we will refund the price of a defective Product in full and any applicable delivery charges. If the artist has already received payment for the art piece, the artist shall reimburse that payment to accessART as soon as possible but certainly within 5 working days.

7.7. We will refund you on the credit card or debit card used by you to pay.

7.8. If the Products were delivered to you: a) you must return the Products according to the instructions from the Artsanding Customer Services team as soon as is reasonably practicable in its original packaging and including any certificates; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. The buyer shall be liable for a decrease in value of the artwork that is caused by his actions.

7.9. Details of your legal right to cancel and an explanation of how to exercise it are provided in our Return & Refunds section.

7.10. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

7. Cancellations and refund rights

8.1. Your order will be fulfilled as soon as reasonable unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been shipped. If we are unable to fulfill delivery because of an Event Outside Control, we will contact you.

8.2. Delivery will be completed when the Products are delivered to the address you gave us.

8.3. The Products will be your responsibility from the completion of delivery.

8.4. You own the Products once we have received payment in full, including all applicable delivery charges.

8. Delivery

9.1. International shipping destinations are set by the seller. We do our best to encourage sellers to ship worldwide, but in some cases, sellers will only ship to a limited set of countries.

If you wish to have a Product delivered to a country that a seller currently does not ship to, please contact: hello@artstanding.co. (International Delivery Destinations). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

9.2. If you order Products from our site for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

9.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

9.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

9. International delivery

10.1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 4.5 for what happens in this event.

10.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

10.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the Netherlands for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the Delivery Charges section in our FAQs page.

10.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or canceling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

10. Price of products and delivery charges

11.1. You can only pay for Products using a credit card and PayPal. We accept the following cards: Visa, MasterCard, AmEx, Discover.

11.2. Payment for the Products and all applicable delivery charges is in advance.

11.3. Payment for the Products that are custom-made, commissioned from an artist are paid 30% in advance. The rest of the amount is paid before the delivery of the final Product.

11. How to pay

12.1 We provide a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.

12.2. The warranty in clause 12.1 does not apply to any defect in the Products arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

12.3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

12. Warranty for the products

This clause 13 only applies if you are a business customer.

13.1. Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Protection Act 1987.

13.2. Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.

13.3. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

13. Our liability if you are a business

This clause 14 only applies if you are a consumer.

14.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3. We do not in any way exclude or limit our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective products under the Consumer Protection Act 1987.

14. Our liability if you are a consumer

15.1. We or the Supplier will not be liable or responsible for any failure to perform or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 15.2.

15.2. An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3. If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects the delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

15. Events outside control

16.1. When we refer, in these Terms, to “in writing”, this will include e-mail.

16.2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: hello@artstanding.co. We will confirm receipt of this by contacting you in writing, normally by e-mail.

16.3. If we have to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us in your order.

16.4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. Communication between us

17.1. The artist guarantees to Arstanding.co to:
- have been duly registered with the tax authorities, and shall submit the relevant details to the artist dashboard, or
- qualify as a hobbyist and therefore not aim to make a profit out of artwork selling.

Artstanding uses these details to work out the taxes as invoiced to the buyer. The artist shall at all times be responsible for providing the right information, and any costs in connection with faulty information shall be redirected to the artist.

17.2. Setting up a store
After having received the artist’s application, Artstanding shall review the application and approve or reject the application. The artist shall receive a notification of the approval or rejection. Setting up a store is free of charge.

17.3. Listing
By listing an artwork for sale, the artist agrees that:
- each listing only contains 1 artwork of 1 size for sale in case of a prefabricated artwork;
- each listing only contains 1 artwork of multiple sizes in case of an artwork on request;
- the artwork is for sale – if the artist’s artwork is sold through another medium, it must be taken offline from Artstanding.co instantly;
- the artwork is accurately described – the text, pictures, and categories should be truthful such that the buyer can properly assess the product;
- the artwork is created by the artist; and
- the artwork is not bound to any copyrights. Artstanding.co cannot be held liable for any copyright breaks of artworks published by the artist.

17.4. Promotions
Artstanding.co may use any images or text related to the artist’s artwork in promotions or media related to Artstanding.co.

17. Artists & Artstanding. co

18.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

18.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3. This contract is between you and us or between you and the Supplier. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6. Contact
You can contact Artstanding.co by sending an email to hello@artstanding.co. Emails will be answered as soon as possible.

18.7. Links
The website may contain links to other websites which are not operated by Artstanding.co. Artstanding.co has no control over these websites and accepts no responsibility for them or for any loss or damage that may arise from the usage of them. The usage of such website shall be subjected to the terms of use and service contained within each such site.

18.8. Complaints
Any complaints or disputes with Artstanding.co and artist or buyer shall be directed to hello@artstanding.co for resolution. All complaints shall be replied by Artstanding within 5 working days.

18.9. Governing law
These terms & conditions and the purchase of the buyer shall be governed by and construed in accordance with the laws of the Netherlands.

18. Other important terms