New Arts Market Terms of Use

TERMS AND CONDITIONS

Last updated 15.12.2020

 

INTRODUCTION

This website New Arts Market (newartsmarket.com, the “Site”) allows its users to purchase and to sell art and other goods with certain additional services and features (collectively, the “Services”). The Site is operated by New Arts Trading Company (“Company”, “we”, “us”, or “our”).

The Site is operated by New Arts Trading Company, registered in Finland with the company ID 2001779-0, Ståhlbergintie 4 B 17, 00570 Helsinki, Finland.

In these Terms and Conditions we refer to other documents, including but not limited to Privacy Policy, Credits and Cookies Policy. All these policies are part of our Terms and Conditions.

 

 

AGREEMENT TO TERMS

These Terms and Conditions constitute an agreement between you, whether personally or on behalf of an entity (“you”) and us, concerning your access to and use of the New Arts Market website as well as any other media, form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the site.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updates” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance within local laws, if and to the extent local laws are applicable.

 

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

 

 

BUYING AT NEW ARTS MARKET

 

PLACING AN ORDER

To make a purchase through the Site, you must accept these Terms and Conditions. By accepting the Terms and Conditions you agree to be bound by these Terms and Conditions and agree that you have read and agreed to our Privacy Policy and Cookie Policy.

A purchase agreement is concluded only when we have confirmed your order. It is important you save any documentation we send you for any contacts with our customer service. You may cancel your order until it has been confirmed. If the order is cancelled, any payments you or credit card companies have made regarding the order will be refunded.

 

PRICES AND FEES

The prices indicated on the Site are inclusive of VAT, delivery charges and payment processing fees.

The customer is responsible for any possible additional fees arising from customs. 

 

PAYMENT

We accept only online payment methods at this time.

We partner with Stripe and PayPal to provide safe card payment processing.

Both service providers guard transactions with the most stringent levels of security in the electronic payment industry.

 

SHIPPING AND DELIVERY

We deliver to the countries in the European Union.

Shipping fees are included in the total price of our products.

We ship normally within 10 days of purchase. Times from purchase to shipping may vary.

We partner with many different courier services for delivery. The courier will be in touch with you once your order is nearing your designated point of delivery.

 

CANCELLATION OF AN ORDER AND RETURNS POLICY

For purchases made within the European Union (“EU”):

As an EU consumer, you have the right to cancel a purchase for any reason in accordance with the law on withdrawal (Consumer Protection Legislation; Kuluttajansuojalaki 6:13). Your right to cancel an order (withdrawal period) is valid for 14 days from the day you received the product.

Please note that returning the product to us without cancellation notice or leaving the product unclaimed from the point of delivery does not constitute a cancellation of the purchase contract. We reserve the right to charge all costs arising from unclaimed deliveries from you.

To be eligible for cancellation and refund, you will need to fill out and deliver to us a mandatory notice of cancellation and then return the product to us within the next 14 days from delivering the notice (Kuluttajansuojalaki 6:17).

Cancellation is cost free. You are responsible for any delivery or other fees relating to the returning of the product to us (for example postage and packaging). However, we are responsible for delivery fees in the case our originally delivered package was damaged (see “Defective products and warranty”). 

If you wish to cancel a purchase made through the Site, you should, before the withdrawal period has expired, contact our customer service in the manner specified here. You must present your full name, address, date of purchase, order number, invoice number, name of the item and signature in the cancellation notice.

If the product has been damaged during the transport back to us due to improper packaging, we reserve the right to deduct the costs for repairing the product partially or fully from the sum to be refunded. Further, if the product that is returned has been used against the duty to exercise proper care, we have the right to deduct the decrease in value partially or fully including any other costs.

Once you have cancelled your purchase, the amount you have paid for the product will be refunded to you. The amount to be repaid will be refunded within 14 days after the product has been returned to us. The refund will be done according to the payment method used for the order, unless otherwise agreed and provided that there are no obstacles for such refunding. You will not be affected by any fees or charges due to your choice of payment method. 

Please note that refunding is applicable only for intact goods (unless they have already been damaged when delivered) without any signs of use. The right of cancellation does not apply to goods produced according to customer specifications or otherwise have been clearly personalised.

The provisions set forth herein do not limit any applicable statutory rights.

 

DEFECTIVE PRODUCTS AND WARRANTY

Upon receiving goods from us, you should carefully examine the product to ensure it meets your expectations. You can make a complaint within two months after you have discovered any defects. 

On suspicion of shipping damage, please contact us on the day of receiving the shipment. Shipping charges are refunded for approved claims.

Our warranty covers goods that are defective according to applicable consumer protection legislation. You have a statutory right to make a complaint, and customers wishing to make complaint of a defective product should contact our customer service as soon as possible.

When we have received the defective product and your complaint has been accepted, we will compensate you in accordance with applicable consumer protection legislation. We reserve the right to deny a claim if we deem the product was not defective in accordance with said legislation.

Before delivery, you must provide pictures of the product and the package for us to determine the condition of the product.

For complaints made related to purchases in the EU, we follow guidelines from the Finnish Competition and Consumer Authority (Kilpailu- ja kuluttajavirasto) or equivalent councils in other European countries. See www.kkv.fi.

 

SELLER WITHDRAWAL

We may withdraw (cancel) your order at any time for any reason or for no reason, for example if we suspect the order to be in violation of these Terms and Conditions or if we suspect the order to be in any other way fraudulent. In this case any and all payments will be refunded according to the payment method used for the order.

 

VISUAL REPRESENTATIONS

Please note that although we take great care in trying to represent our products in the most objective way as possible, the visual representations of our products on the Site are for demonstration purposes only. The final product might differ for example in dimensions or cropping compared to the said representations.

Our customer service is happy to assist you if you have further questions in the matter.

 

 

OTHER TERMS OF USE

 

ACCESS TO THE SITE

Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. We reserve the right to restrict access to all or part of the Site with our sole discretion, for any reason or for no reason, and without notice (including blocking certain IP addresses). We also reserve the right, but not the obligation, to modify or discontinue all or part of the Site without notice at any time.

We cannot guarantee the Site will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting under the behalf of the said third party.

This Site also contains links to other websites not operated by us. We accept no responsibility for them in any form and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

 

PROHIBITIONS

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You will not: commit or encourage a criminal offence; transmit, post or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Site; corrupt data; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. We will report any such use or breach to the relevant law enforcement authorities.

We will not be liable for any loss or damage caused by a denial-service-attack, viruses or other technologically harmful material due to the use of the Site or on any website linked to it.

 

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is proprietary property of us, our licensors or our affiliates. Unless otherwise stated, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws of Finland, international copyright laws, international conventions and those of the European Union. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Please note that some of the Content on this site are a part of the Public Domain and may thus be used without limitation for any purpose and are not necessarily licensed to us. For more information on the Content included in the Public Domain, please refer to the Credits-section of the Site.

 

 

PRIVACY, USER DATA AND ELECTRONIC COMMUNICATIONS

Our Privacy Policy that includes details on how we will use your information can be found at the Privacy Policy section of this Site. By using this Site, you consent to the processing described therein and warrant that all data provided by you is accurate.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any fights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion of thereof; (4) in our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome or harmful to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

 

USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releasers, and permissions to use and to authorize us, the Site, and other user of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  4. Your Contributions are not false, inaccurate or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  6. Your Contributions are not objectionable (as determined by us).
  7. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or group of people.
  8. Your Contributions do not violate any applicable law, regulation or rule.
  9. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  10. Your contributions do not include any offensive comments or representations that are connected to race, national origin, gender, sexual preference, or physical handicap of a specific person or group of people.
  11. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

 

 

CONTRIBUTION LICENSE

You and us agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

DISCLAIMER

The site is provided on an as-is and as-available basis. The material displayed on the Site is provided without any guarantees. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of thereof, including, without limitation, the implies warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of an websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access or use of our servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to os from the site, (5) any bugs, viruses, trojan horses, logic bombs or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any content and materials or for any loss or damage of any king incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transactions between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

 

 

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or New Arts Trading Company. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

 

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) use of this Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and defined following the laws of Finland. New Arts Trading Company and yourself irrevocably consent that the courts of Finland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with the Site and these Terms and Conditions.

 

 

MISCALLENNEOUS

The Terms and Conditions, including all of the policies that make up the Terms and Conditions, supersede any other agreement between you and us regarding the Site and our Services. If any part of the Terms and Conditions is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect. Our failure to enforce any part of the Terms and Conditions is not a waiver of our right to later enforce that or any other part of the Terms and Conditions. We may assign any of our rights and obligations under the Terms and Conditions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or the use of the Site. You agree that these Terms and Conditions will not be construed against us by the virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto execute these Terms and Conditions.

 

 

CONTACT INFORMATION

If you have any question about our Terms and Conditions, please contact us at customerservice@newartsmarket.com