User agreement - Artupia.com
This User Agreement and all policies inside our site expose the terms on which Artupia offers you access to and use of our website and services. All Artupia policies are included into this User Agreement. You agree to comply with all the previous policies when accessing or using our Services.
2) Using Artupia
Artupia (“we” or “us” or “our”) is an interactive art marketplace that allows users to sell and buy any artwork in a variety of locations. Artupia.com (“website” or “Site” or “platform”) is an innovative marketplace and does not have possession of any artwork on sale or sold through Artupia, but helps buyers and sellers to reach an agreement and it is not involved in the actual transaction between them. The contract for the sale is directly between buyer and seller and we do not review users' artworks or content.
Artupia advises pricing and helps through a postage provider to obtain postage processing and accepts payments through PayPal only. We help facilitate the resolution of disputes through our customer support team (email@example.com) and we have no control over and we do not guarantee the ability of sellers to sell artworks; the truth or accuracy of users’ Content, artworks; the existence, quality, safety or legality of artworks advertised; the ability of buyers to pay for artworks; or that a buyer or seller will actually complete a transaction or return an artwork.
In accordance with this Artupia User Agreements, we may modify these terms at any time. In this case, we will provide you with notice via email. You agree to comply with all the modification on these terms when accessing or using our site or services.
2.2 Using or accessing
By accessing or using our site or our services you warrant that you will not:
- breach or circumvent any laws, third party rights or our systems or policies or encourage or enable any other individual to do any of the foregoing;
- use our Services if you are under 18, or you are not able to form legally binding contracts or you are temporarily, or indefinitely suspended from using our Services;
- transfer your Artupia account and user ID to another party without our consent (contact firstname.lastname@example.org);
- register with Artupia as a business entity, if you don’t have the authority to bind that entity legally;
- harvest or otherwise collect information about users, such as email addresses, without their consent;
- use any robot, spider, scraper or other automated meant to access our Services for any purpose;
- circumvent any technical measures we use to provide the Services;
- post inaccurate, misleading, false, defamatory, or libelous content;
- post, upload, publish, submit or transmit any text, graphics, images, information or other material that:
- (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- (iii) is fraudulent, false, misleading or deceptive;
- (iv) is defamatory, obscene, pornographic, vulgar or offensive;
- (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- (vi) is violent or promotes violence or actions that are threatening to any other person;
- (vii) harms minors in any way; or
- (viii) promotes illegal or harmful activities or substances.
- post, sale or upload content or artworks in inappropriate categories or areas on our sites or manipulate images and information of any artwork or interfere with any other user's artwork;
- sell any faulty or counterfeit artworks or otherwise infringe the copyright, trademark or other rights of third parties;
- fail to deliver artworks sold by you, (if you have a problem contact email@example.com);
- copy, modify, or distribute rights or content from our Services or Artupia's copyrights and trademarks;
- take any action that may undermine the rating systems;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Artupia or the interests or property of Artupia users;
- use, display, mirror or frame the Site, or any individual element within the Site, Artupia's name, any Artupia trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artupia's express written consent;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services without the prior express written permission of Artupia and the appropriate third party, as applicable;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or another form of solicitation;
- export or re-export any Artupia application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, reproduce or commercialize any Artupia application or any information or software associated with such application;
If you breach or circumvent any laws, third party rights or our systems or our policies, your account may be removed, and you may be subject to a range of other actions such as:
- Account cancellation
- Content removal
- Artwork cancellation
- Limits of buying and selling
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Artupia Services.
2.2.2 Account Registration
In order to add an artwork or to make a purchase on our site, you must first create an account by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process, you will become a "User." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Artupia reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately contact Artupia for any unauthorized use of your Account.
Artupia will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Artupia may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artupia has no obligation to monitor your access to or use of the Site or Services or to remove any User Content, but has the right to do so for the purpose to operate the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Artupia reserves the right, at any time and without prior notice, to remove or disable access to any User Content, artworks on sale, or any other text, graphics, images, information or other content or material that Artupia, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
2.3 Images and Text
Artupia Users should take their own images and write their own story-descriptions. They are not allowed to use:
- images (including photos and other pictures) or text they didn't create themselves;
- images and text from other Artupia users;
- images and text copied from websites;
The first image should be:
- with a diffuse natural or artificial lighting to light the entire artwork thoroughly, without shadows or harsh reflections;
- in high resolution and big enough to show details clearly without frame or background;
- with a frontal perspective.
The second image should be:
- a different perspective of the same artwork uploaded on the first image;
- with artwork details of any flaws, stains, wear and tear, or any other damage so buyers know exactly what to expect;
Do not use:
- pictures copied from another seller, website, retailer, manufacturer or anyone else without their permission;
- the flash on your camera if your artwork is reflective like glass on a framed artwork or if it has a mirror; use it only to supplement other significant light sources.
Artwork title and story-description are the advertisements for the artwork you’re selling. With them, you can inform and excite. If you include a story about the artwork, or why the artwork is appealing, you can increase your chances to sell your artwork. Be sure to use complete sentences and correct spelling and grammar.
What to avoid in your title:
- Don't include false or misleading information.
- Don't include website addresses, email addresses, or phone numbers.
- Don't use profane or obscene language.
What to avoid in your story-description:
- Don't say anything that isn't true.
- Don't include information unrelated to the artwork for sale.
- Don't include negative comments.
- Don't include prohibited and restricted content (see 3.2 Prohibited and restricted artworks).
- Don't repeat information provided in other sections of your artwork in your artwork description.
- Don't include email addresses and some links (see 2.6 links policy).
- Don't use artwork descriptions copied word-for-word from other sources.
- Don't create lengthy descriptions which buyers may not read;
- Don’t include prices different from the Artupia evaluation.
When you insert an artwork on Artupia, you can include links in the story-description to provide additional details about the artworks. Links should only be used when that information can't be included in the artwork description. This type of link can include links to additional images, technical and manufacturer specifications and other information that can help buyers make an informed buying decision. Links that point to a third-party website and links that point to your personal website are also allowed.
We continually review links on the site and reserves the right to block any link considered unsafe for our Users.
We don't allow in your artworks and in other Artupia pages links to:
- non-Artupia sites where other artworks are offered for sale or websites or pages that encourage buyers to sell outside of Artupia;
- web pages that offer to trade, sell, or buy goods or services outside of Artupia, including auction-style website;
- live chat or Quick Response (QR) codes;
- websites or pages that solicit Artupia user IDs, passwords or email addresses from Users;
- solicitations to subscribe to non-Artupia newsletters or mailing Sales;
- websites or pages offering artworks that are not allowed on Artupia or websites or pages that show material that is inappropriate for general audiences.
In addition to inserting images of artworks, Artupia may, in its sole discretion, designate areas of the Site in which Users can post, upload, publish or submit text, images, videos or other content on the Site (individually or collectively "User Content"). By making available any User Content on or through the Site and Services:
- you grant Artupia a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, commission-free license to crop, resize, sublicensable, publicly display, publicly perform, stamp, distribute right to use the content and
- you grant directly to other Users the right and license to view your User Content on or through the Site and Services only in connection with the User's authorized use of the Site and Services, and
- you authorize us to exercise any and all copyright, publicity, trademark, database or other rights you have in or to the content in any media known now or in the future.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicenses or assignees. You can contact us at firstname.lastname@example.org to delete your account and cancel this User Agreement.
You acknowledge and agree that you are solely responsible for any User Content that you make available on or through the Site. You represent and warrant that:
- you are the sole and exclusive owner of all User Content that you make available on the Site or that you have all rights, licenses, consents, and releases that are necessary to make available such User Content and to grant all rights and licenses in such User Content as granted under these Terms; and
- neither the User Content nor your making available any User Content on the Site nor any use of any User Content as permitted under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Services, and Artupia Content are protected by copyright, trademark and other laws of UK.
2.6.2 Name and Logo
The Artupia name and logo are registered trademarks in the whole European Union(including the UK), the US, and internationally. Use of the Artupia name and logo are only allowed if an individual or organization has a written license agreement with Artupia. To ask for permission, please submit your request mailing us at email@example.com.
You may use the Artupia name to refer to Artupia provided you respect the following rules:
- Your use can’t mislead consumers as to any Artupia sponsorship, affiliation, or endorsement of your company, products, or services.
- When referring to Artupia, use the Artupia name in a plain text font and format only. Never use the Artupia logo in a sentence.
- Artupia is always spelled "Artupia". It’s never spelled "Art-upia", or "Artopia" or any other way.
You may not use the Artupia logo unless you are granted an express written trademark license by Artupia. Artupia doesn't permit the use of its name and logo for business cards, website links, domain names, name of your user name, mailing labels, store windows, referring to Artupia in a way that could lead someone to believe that you are sponsored by, affiliated with, or endorsed by Artupia.
If you have any other questions about requesting permission to use Artupia's trademarks or other intellectual property, email us at firstname.lastname@example.org.
2.6.3 Banner and Button
You can email us at email@example.com to create an Artupia Partnership and use our special Artupia banner on your website.
If you have your own web page, you can use a "Buy Now on Artupia" button to link your site to the Artupia website or to a specific artwork. Except for the "Right Now on Artupia" link button, you can’t use any other Artupia logo or graphics to link to Artupia.
2.6.4 Use of screenshots
You may not use screenshots from Artupia sites without our written permission. Rights to screenshots of artworks on Artupia belong to their respective owners. You may not use such screenshots anywhere for any purpose. Artupia can't grant you permission to use third-party screenshots.
2.6.5 Artupia domain names
Artupia owns exclusive trademark rights to the Artupia name in the UK and internationally. We don't allow the registration, ownership, use, or sale of a domain name containing "Artupia".
2.7 Abusing Artupia
If we think that:
- you are creating problems or possible legal liabilities, that such restrictions will improve the security of the Artupia community or reduce our or another Artupia user's exposure to financial liabilities;
- you are infringing the rights of third parties;
- you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users, and despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us, without limiting other remedies.
- limit, suspend, or terminate our Services and user accounts;
- restrict or prohibit access to, and your activities on, our Services;
- cancel your purchase and remove artworks;
- delay or remove hosted content;
- remove any special status associated with the account;
- reduce or eliminate any discounts and take technical and legal steps to keep you from using our Services.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
3) Sale Conditions
When you put on sale and when you sale an artwork, you agree to comply with our Sale Conditions, and you accept the Artupia terms and conditions.
As a seller:
- you are responsible for reviewing and understanding Artupia Sale Conditions, as well as all applicable laws and regulations as outlined in the User Agreement;
- you accept that the prices of artworks appear in USA dollars (USD);
- you must make sure that your artworks are made by you (when you are an artist) or purchased from Artupia (when you are a reseller) before selling them on Artupia;
- you are responsible for ensuring a smooth and professional transaction with your buyers (including the details regarding your artwork);
- you must also offer a high-quality customer service from the purchase notification to the artwork delivery (including offer a proper packaging, respect your dispatch time, communicate with us promptly and professionally during the transaction, and ensure the artwork is delivered to the buyer as described);
- you know that your artwork may not be immediately searchable by keyword or category for up to 24 hours;
- you know that in search and browse results your artwork may appear on factors based on popular level, start time, keywords, price and postage cost;
- you accept to ship your artwork with the Artupia Shipping services, when you sell your artwork on Artupia;
- you accept and commit to sell your artwork at the start evaluation price that appears when you put the artwork on sale or at a higher price if it changes.
- you accept PayPal as a method of payment. You will fill in your Paypal email, in your profile page;
- you accept that all the payments for your artworks sold will be made from Artupia to your Paypal account. You will check that the inserted email is related to your Paypal account is correct, valid and that you own it;
- you accept that Artupia will not be responsible for money transferred to different Paypal account;
- you accept that every time you receive a purchase, you will check that the email connected to Paypal is correct and yours;
- you acknowledge that artworks sold to buyers in other countries outside the UK are subject to the policies of this user agreement, including Artupia Refund Program;
- you agree with the issuing procedures of invoices and receipts made by Artupia, and you authorize Artupia to issue invoices or receipts for you;
- you are responsible for declaring if you are a professional seller or not. If you declare to be a nonprofessional seller, you agree to communicate to Artupia when you become a professional seller;
- you acknowledge and agree that you are the only responsible for your own tax affairs and you accept that Artupia will not be responsible for your tax compliances.
- you are responsible for complying with all UK laws and regulations applicable to international sales and postage of artworks.
As an artist:
- you are responsible for the accuracy of details, content, and legality of the artwork on sale and agree to sale in accordance with the 3.2 Prohibited and Restricted artworks (content that violates any of Artupia's policies may be deleted at Artupia's discretion);
- you warrant that you are solely responsible for all artworks you make available through our Site and our Services;
- you warrant that you sell original works of art that you have created and that you desire to sell through our Site and our Services;
- you are not allowed to sale artworks that were created by another artist;
- you are the sole and exclusive owner of all artwork you make available through our Site and our Services;
- you acknowledge and agree that when you put on sale an artwork on Artupia, you are giving the full and exclusive representation of your art to Artupia;
- you will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
- you can remove an artwork on sale. If you want to remove an artwork on sale you must click on the button “off sale”. If you want to remove definitely an artwork from the Site you must contact our team at a href="mailto:email@example.com">firstname.lastname@example.org;
- you acknowledge that we reserve the right to edit any listings to ensure that they comply with these conditions.
3.1.3 Artwork story-description
You must describe only the artwork you're selling, provide complete and accurate details, specify the condition of the artwork and explain any defects or flaws in the artwork.
You must not include:
- conflicting or misleading information and pictures in an artwork that don’t show the artwork on sale;
- comments that discourage buyers from participating or that undermine either the buyer experience or confidence in the marketplace;
- different prices from the Artupia evaluation;
- any shipping proposal.
- third-party website addresses, email addresses, or phone numbers.
- profane or obscene language.
3.1.4 Artupia exclusivity
When you create an account as an artist, and you put on sale your artworks on Artupia, you are giving the full and exclusive worldwide representation of your art to Artupia. You agree and commit:
- to sell your artworks only on Artupia;
- to participate in the circuit of art fairs where Artupia is present;
- to give priority to the exhibitions that Artupia promote;
- to participate in the auctions created, promoted or indicated by Artupia.
The exclusivity period will end when you remove your account without compromising the interests of third parties or Artupia users.
3.1.5 Artwork availability
You must make sure the artworks you’re selling are available for the duration of the sale. If you run into an availability problem that's beyond your control, you're responsible for letting us know that the artwork will not be sent. You must not sale an artwork that you're simultaneously selling outside of Artupia and that may not be what's delivered to the buyer. If you don’t follow these guidelines, you may be subject to a range of actions, including limits of your selling activity or suspension of your account.
3.2 Prohibited and Restricted artworks
Before putting on sale your artwork, make sure it's allowed on Artupia. These policies are based on country and state laws, although in some cases, they may also be based on input from our Users and our own discretion, especially for sensitive artworks. Artupia exercises judgment in allowing or disallowing certain artworks consistent with the spirit of a worldwide community. We carefully consider all the details before deciding to remove such artworks when they're brought to our attention.
Make sure your artwork follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including buying and selling and suspension of your account.
3.2.2 Offensive material
We allow artworks that have substantial artistic value. We don't allow artworks that promote or glorify hatred, violence, racial, sexual, or religious intolerance or promote organizations with such views. We also remove artworks that portray graphic violence or victims of violence, unless they have substantial social, artistic or political value.
- artworks that graphically portray, glorify, or attempt to profit from human tragedy or suffering, or that are insensitive to victims of such events;
- artworks glorifying serial killers or persons convicted of a violent crime;
- artworks promoting violence against an individual, including convicted criminals;
- artworks identified as Nazi propaganda or that otherwise promote hatred or racial supremacy;
- any artwork that glorifies or promotes violence towards humans or animals, execution or torture, slavery;
- artworks promoting or commemorating groups with views of hatred, violence, racial, religious, or sexual intolerance that may not be addressed under current law;
- artworks promoting or marketing intolerance toward religion, sexual orientation, race, or ethnic background, racial slurs.
- artworks where the offensive word or phrase is part of the title of the work;
- the term Negro is okay unless it's used in a derogatory or offensive way;
- the term Golliwog used to describe an artwork is okay unless it is used in a derogatory or offensive way;
- images of artworks that contain offensive terms can be sold if it is part of the actual title of the artwork.
3.2.3 Nude art
We won't determine if an artwork constitutes art, but we'll review the content of the artwork images to determine if an artwork should be removed.
Artupia defines nudity as male/female genitalia, anus, or female breasts where the areola or nipple is visible. Butts (male or female), bare male chests, or female breast where the areola is not visible aren't considered nudity.
The use of nude images is restricted and descriptions of artworks containing nudity can't contain explicit or overtly sexual content or sexual intolerance. Frontal nudity is allowed when the artwork is considered fine art (such as Michelangelo's David, vintage pin-up art, Renaissance-style paintings and nude cherubs).
“Adult” or “sexually-orientated” material that is not permitted includes, but is not limited to:
- any visual representation of human genitals presented in such a manner as to suggest sexual activity;
- any visual representation of any form of sexual intercourse;
- any materials clearly designed to sexually arouse the viewer/reader;
- any artworks which depict human sexual characteristics in a degrading fashion;
- any collage of nude image of a celebrity;
- any images of nude children, including any vintage images. Recognising that images of nude children often raise legal concerns, Artupia has made a policy decision that it will not permit the list of any artwork that depicts nude minors (under 18 years of age). Artwork of such material, even described as nude 'teens', 'children', 'youngsters' or 'nudist' are not permitted.
- any artworks depicting obscene materials, while not easy to define (such as bestiality, necrophilia, rape sex, incest, sadism, masochism or sex with graphic violence and degradation).
Sexually oriented artworks is meant for people who are 18 years and older. Sexually oriented artworks are not permitted on Artupia, if they breach laws in the United Kingdom or in other countries.
Artworks that contain nude images of minors aren't generally permitted on Artupia. Title and description using the words 'child', 'children', 'young girls' or 'young boys' in a sexual context to describe an artwork containing nudity or sexual situations are not allowed. Artworks with those words or phrases can't be sold even if the performers are 18 years or older or the words are part of the product title. At our discretion, we may also remove artworks with 'teen', 'teens', 'teenager' or 'Lolita' if they are used in a sexual context and there's no indication that the performer is 18 years or older.
Most profanity is prohibited. But we do allow artwork titles and story-descriptions containing profanity as long as the word or phrase is part of the title of the work.
For a pleasant experience on Artupia, we don't allow using hateful, offensive, profane or vulgar language in almost all public areas of the website (including user profiles, messages, titles, description, artwork images, other areas of the site that people see).
3.2.6 Stolen Property
We don't allow the sale of stolen property on Artupia because it violates local and international law. We also strongly support efforts by law enforcement to investigate attempts to sell stolen property on our site. If we see this activity taking place, we'll proactively notify law enforcement and help in their efforts to investigate and prosecute Users who violate this policy.
3.2.7 Intellectual Property
When someone uses other people’s intellectual property (such as copyrighted material and trademarks) unlawfully, it's considered infringement, which is against the law and Artupia policies.
- encourage or enable others to infringe copyrights, trademarks, or other intellectual property rights of third parties;
- improperly use Artupia intellectual property including use of the Artupia name or logo and linking to the Artupia website;
- include authenticity disclaimers or deny responsibility for the artworks on sale;
- use someone else's artwork description or picture without their permission;
- sale artworks that are not made by you (when you are an artist) or not purchased from Artupia (when you are a reseller);
- sale of counterfeit artworks, fakes, replicas, or unauthorized copies (including things that are backed-up, bootlegged, duplicated, or pirated which are all illegal).
If you believe someone else is using your text or photos without your permission or artworks that infringe your copyright, trademark, or other intellectual property rights, report it mailing us at email@example.com. Artupia wants to ensure that infringing artworks are removed from the Site, as they erode the trust of our buyers and good sellers.
3.3 Duplicate artworks policy
Sellers can't have more than one list of an identical artwork at the same time (including insert an identical artwork in different categories or insert an identical artwork using different user IDs). Artworks are considered duplicates when there is no significant difference between them. To avoid having your artworks treated as duplicates, make sure you clearly show the differences in search results by the title, details, precision, condition, photo, artwork specifics of an artwork. We may also look at other parts of the artwork, such as the description, to determine whether it's a duplicate.
If your artworks don't follow these guidelines, they may be ended or not displayed in the Artupia search results. You may also be subject to a range of other actions, including limits of your buying and selling privileges.
3.4 Defect and Artwork Removal
Occasionally there may be an issue with your artworks. If you want change profile information (including name, surname, date of birth, art name), or artwork information (including title, specifics, etc.), or if you want to eliminate an artwork in your profile, contact our support team at firstname.lastname@example.org. In general, artwork information from closed or inactive accounts will be deleted or rendered anonymous as soon as reasonably possibly after the account is closed or deactivated. Under certain circumstances, we may retain artwork information from closed or inactive accounts for longer. Under such circumstances, this information will be kept as long as it is necessary and relevant for our operations and our services, and to comply with any applicable law.
You may resell on our Site the original artwork purchased on Artupia as an independent non-exclusive reseller. As a reseller you hereby grant Artupia a worldwide, transferable, non-exclusive, right and license, with a right to sublicense, to:
- use, reproduce, distribute, publicly perform and publicly display copies of the artwork purchased; and
- access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the artwork in any form, medium or technology now known or later developed for the purpose of promoting the Site and the Services.
You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights.
4) Purchase Conditions
When you press the “pay now” button to buy an artwork, you agree to comply with our Purchase Conditions, and you accept the Artupia terms and conditions.
As a Buyer:
- you are responsible for reading the full artwork details page before committing to buy;
- you accept that the prices of artworks appear in USA dollars (USD);
- you enter into a legally binding contract to purchase an artwork when you press the button “pay now”;
- you are responsible for reviewing and understanding Artupia's policies, as well as all applicable laws and regulations outlined in this User Agreement;
- you are responsible for complying with all UK laws and regulations applicable to international sales, purchases, and postage of artworks;
- you are entitled to expect that Artupia will do what regard postage, payments, and artwork returns;
- you acknowledge and agree that:
- prices do not include shipping costs, and that will be separately identified before your purchase;
- when you press the “pay now” button of an artwork, you are purchasing the artwork from the User identified on the artwork details page and not from Artupia;
- Artupia Refund Program applies to any artwork that you purchase through the Site and Services;
- Artupia reserves the right to cancel any order for an artwork if Artupia determines, in its sole discretion, that the artwork is unavailable or faulty or not as a described. In this case, we will send you an email to confirm their cancellation.
- Artupia uses commercially reasonable efforts to display the colors of the artworks via our Site. However, because individual computer monitors may display colors differently, Artupia is not responsible for the color accuracy of any artworks displayed on our Site, and disclaims all liability in this regard.
We want all Artupia Users to be able to buy and sell on Artupia with confidence. This list outlines unfair and unsafe behavior that we don't allow to our buyers:
- Asking to use an alternative postage option.
- Demanding a change to the postage method or delivery location, other than those specified on the transaction page.
- Demanding a change to the payment method or timing, other than those specified on the transaction page.
- Purchasing artworks and receiving refunds outside of the Refund Program.
- Demanding a partial refund or discount under threat of open an Artupia Refund request or PayPal Buyer Protection case.
- Demanding additional artworks or services.
- Asking for the seller to complete the transaction outside Artupia.
- Notifying the seller that your payment may be delayed briefly due to exceptional circumstances.
Although we won't always take action based on a single reported breach of this policy, we will take action if we see a pattern of these buying behaviors (including breaches of related policies).
Breaches of this policy may result in a range of actions, including cancellation of return requests, limits on account activities and account suspension.
4.2 Purchase retraction
When you press the button “pay now”, you enter on a binding contract and you need to pay for the artwork. Insincere purchase are not permitted. If you accidentally press the “pay now” button you're allowed to cancel your purchase contacting the Artupia support immediately at email@example.com. Honest mistakes sometimes occur, so if the artwork description changed significantly after you pressed the “pay now” button (for example, the seller updated different information about the artwork's features or condition), you're allowed to cancel your purchase contacting immediately firstname.lastname@example.org.
You're not allowed to change your mind about buying different but similar artworks if you only want one artwork.
4.3 Aid Buying
Aid Buying is when sellers (or someone they know) buy systematically artworks to drive the price or the value up. The buyer of an artwork must be independent from the seller of that artwork. The purchases of the seller (or someone connected to the seller) to drive the price up isn't allowed. To make sure no one gets an unfair advantage, aid buying is prohibited on Artupia. People who know the seller (such as family members, friends, flatmates, or employees) can't buy seller's artworks systematically to drive the quotation, price or the value up. Sellers with employees have to make sure their staff is aware of this policy and what the consequences are for breaking the rules.
Before selling artworks on Artupia, please keep the following rules in mind:
- Although a seller is allowed to have more than one Artupia account, there can't be any interaction between the accounts, especially involving purchases. Your information also has to be accurate and consistent.
- Sellers can't purchase their own artworks.
- Friends and people you know who want to buy your artworks may do so as long as they don’t use a systematic buying system.
- If you are buying systematically some of your own artworks, but you didn't know this was aid buying, you are still responsible. Please understand that when you signed up with us, you agreed to follow the guidelines in the User Agreement and on all our policies.
- If your accounts were suspended for aid buying because someone you know used them to purchase systematically artworks to drive prices or value up, you're still responsible. Your accounts can't be reinstated before completion of the suspension period. As a reminder, you need to keep your account information and password secure because you're ultimately responsible for anything that happens with your account. The User Agreement says that anyone under the age of 18 isn't allowed to use Artupia unless they're supervised by the adult or guardian who owns the account.
4.3.2 Purchase History List
The purchase history list in the artwork certificate provides a view of purchases that take place while an artwork is active. Purchase patterns that show no advantage to the buyer but significantly increase the artwork's price may suggest aid buying. Other questionable patterns include multiple purchases in short, deliberate intervals, or buying several times in small amounts even when there is a low interest level on an artwork.
4.3.3 Report and investigation
You can report a policy breach by contacting us at email@example.com. We thoroughly investigate every report we receive. After your report is received:
- Artupia will consider the circumstances of an alleged offense and the user's trading record before taking action;
- if a complaint can't be proven with certainty, Artupia may take no action;
- due to privacy issues, it is not possible for Artupia to discuss the results of an investigation.
Our policy against Aid Buying applies to all Artupia users, regardless of their membership status, and we base our actions on the severity of the violation. To protect the marketplace, we can't talk about how we detect Aid Buying or our investigative methods. We also can't disclose certain kinds of evidence if we think that doing so would give someone ideas on how to circumvent the rules.
4.3.4 Suspending sellers
We understand that some users may not know that Aid Buying is wrong. So, we're open to giving them a second chance, and to ensure they fully understand the seriousness of the breach, we may issue a temporary account suspension or any other action that's necessary. Keep in mind, though, that sellers may be suspended from using Artupia permanently, even if it's the first time they violate our aid buying policy.
4.4 Unwelcome buyers
Users may not buy an artwork when they don't like the seller's artworks and are prohibited from purchasing an artwork just to disrupt or open the Artupia Refund Program with no intention of completing the transaction.
4.5 Transaction interferences
Neither buyers nor sellers may interfere with a transaction. Users:
- are not allowed to interfere with another user's transaction.
- may not contact a seller and offer to purchase a sold artwork outside of Artupia.
- are not permitted to email buyers in an open or completed transaction to warn them away from a seller or artwork. If you have a problem with a transaction, please use our transaction defect or contact us at firstname.lastname@example.org.
- can not use information obtained from Artupia to contact each other about buying or selling outside of Artupia.
- can’t cancel an artwork to sell to a buyer who found the artwork on Artupia.
If you receive an offer to buy or sell outside Artupia, please report it at email@example.com .
All Users on Artupia must have a Paypal account on file with Artupia (and they may change they Paypal account by emailing us at firstname.lastname@example.org), so they can charge and receive payments through PayPal. PayPal is not only convenient to use, but it also offers buyers and sellers protection assistance against fraud, chargebacks and theft of financial data. As a user, you must provide us your correct email associated with your PayPal account. If you do not have a PayPal account, you can always create one on PayPal.com.
As a User, you are not allowed to:
- send cash through the mail;
- send cash or money orders through instant, point-to-point cash transfer services (that are not banks) such as Western Union or Money Gram;
- pay by 'topping off' a seller's prepaid credit or debit card;
- pay using online or other payment methods not specifically permitted in this policy;
- ask buyers to contact them for additional payment methods;
- offer a payment method different from the registered Paypal account;
- discourage buyers from using Paypal payment method;
- pay with Virtual or Crypto currencies;
- pay additional fees;
- make statements like: 'Contact me for payment information.', 'Contact me for other payment methods.', 'Contact me for your preferred payment method.', 'I accept PayPal but do not accept credit card payments through PayPal', 'I only accept PayPal if the amount of the price is greater than £15', 'I don't accept electronic cheques or e-cheques through PayPal'.
These rules apply to all transaction-related correspondence between a seller and buyer as well as the artworks.
Artupia is an international contemporary art gallery and the prices of artworks appear in USA dollars (USD).
When a seller received a purchase for an artwork, the buyers are committed to purchasing that artwork and entered into a binding contract. So, you are obliged to complete the purchase by paying the total amount (artwork’s price plus postage costs) to our Paypal account. We want all Artupia Users to be able to buy and sell on Artupia with confidence, so we hold the buyer payment momentarily to help ensure that transactions go smoothly. Artupia will credit your Paypal account with the corresponding artist revenue after the successful delivery to the buyer and the expiring of the return period.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting in your Paypal account.
5.2 Payment Hold
If your artwork is sold to a buyer on Artupia, you agree that:
- ou are subjected to UK laws and regulations applicable to the sale and delivery of artworks to international buyers.
- You are selling an artwork with an international or national postage service (such as offering worldwide postage), which may result in your artwork being sold to a buyer in another country.
- For artworks that you sell on Artupia and for which we are paid through PayPal, we will transfer the money to the indicated Paypal account inserted when there is no transaction defect after 7 days from artwork receipt.
- If there is a transaction defect associated with any of your transactions, we may hold the funds we receive from buyer’s PayPal account from each of your transactions for up to 21 days (from the date the transaction defect report was received), or in some instances longer.
- In case of transaction defect, we will consider a number of factors in evaluating how to refund the payment, such as if Artupia considers you to be a seller who doesn't meet certain seller standards, or you're a new Artupia customer and/or Artupia seller or have a limited customer/seller history with Artupia.
- When we place a hold on a payment:
- the payment will show as “confirmed” on your transaction page;
- we will provide you with notice or email;
- we will normally give you advance notice or email of any action we take;
- we will release the hold on any payment after 21 days from the date the transaction defect report was received unless we take another action permitted under our user agreement with you (such as refund).
- When we resolve a transaction defect report in favor of the buyer, we reimburse the buyer for any amounts refunded to us for the transaction.
- You authorize us to charge your PayPal account for all and any amounts and hold Artupia fees. You acknowledge and agree that in all circumstances you reasonably expect that payments made pursuant to this section are variable and may be made on various dates. You further agree that PayPal isn't obliged to verify or confirm the amount that Artupia presents to PayPal for the purpose of processing the payment of any amount.
The fee we charge for using our Services is 20% of the first purchase of the artwork. Than if the same artwork is sold again from the first buyer (reseller) to another buyer, Artupia will charge 15% for its Services and the artist 5% as a copyright fee.
We may change our fees, or introduce new fees from time to time by posting the changes on the Artupia site or via email 30 days in advance. You are required to have a Paypal account on file when selling on Artupia.
The revenues obtained under our Services are subject to your country system taxation. You are the only responsible for your own tax affairs and you accept that Artupia will not be responsible for your tax compliances. Please check your country taxation system before you have completed the transaction.
5.4 Unpaid Artwork
When a buyer press the “pay now” button is obliged to complete the purchase. If a buyer doesn't pay or pay partially, the transaction closes automatically. Excessive unpaid artworks on a buyer's account may result in a range of consequences, including limits on or lose the ability to buy.
6) Artupia Shipping Service
We make your artworks available to national and international buyers through collaboration with couriers like UPS, FedEx Ltd.or DHL. Through our Shipping Service we help you to:
- include information about the delivery service;
- determine the best postal costs (costs to send to other countries can vary greatly depending on the distance);
- track the package and know when it will be delivered
For artworks that are located in our Eligible Countries List (6.3.3 Eligibility) and that are purchased from you by an international buyer in a country eligible for the Artupia Shipping Service, you will post the artwork to the nearest shipping center by us indicated. Our shipping provider will oversee the processing, customs clearance, and international postage of the artwork to your buyer. For artworks that are purchased by international buyers through Artupia Shipping Service, buyers will pre-pay all applicable postage and import charges and will benefit from international tracking of the artwork from the shipping center to delivery.
If artworks are being shipped internationally, we are responsible for any applicable extra costs, duties and taxes will not be included in the total price.
6.2 Using Artupia Shipping Service
As a seller:
- you acknowledge that you have read and agreed to our Artupia Shipping Service and that you will apply to you as a seller and to all of your new and existing artworks;
- you agree with parcel processing, customs clearance, national and international shipping and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
- you agree to act in your place to facilitate the export clearance of artworks that you sell through the Artupia Shipping Service in your nation or outside your nation;
- you agree and are responsible for ensuring that your artworks are compliant with applicable overseas laws and regulations;
- you acknowledge that you have read and agreed to our eligibility requirements for artworks (6.3.3 Eligibility);
- you acknowledge that there are restrictions on the value, weights, and dimensions of artworks that may be sold through the Service;
- you acknowledge that you can sale on countries that are eligible for the Service and policies governing the handling of lost, damaged, and undeliverable artworks (including their possible disposal), Returns Process and the resolution of Artupia Refund Service claims for artworks that you sell through the Service.
- You acknowledge that sellers aren't allowed to:
- claim the cost of packaging materials;
- claim a separate fee for insurance when not planned from Artupia (however, they can't pass this cost onto buyers);
- inappropriately classify an artwork as a gift;
- say that you're not responsible for artwork delivery, or for ensuring that the artwork is delivered;
- delay delivery when we place a temporary payment hold on an artwork you sold or delay delivery pending the release of those funds after 21 days. Delaying delivery may affect your detailed seller ratings and buyer satisfaction;
Sellers should accurately respect when and where the artwork has to be dispatched; if you do not ship the purchased artwork to the buyer within the expiration of the Shipping Period of 3 days, the sale may be canceled. If you do not ship the purchased artwork, we will reimburse your buyer for the amount paid.
You are responsible for providing accurate shipping weight, shipping dimensions, and shipping address to our international couriers. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, If artworks are being shipped internationally, we are responsible for any extra applicable duties and taxes not included in the total price. Instead, the buyer will receive a separate invoice when the artwork is delivered.
Artupia will credit your Paypal account with the corresponding Seller Revenue following the successful delivery to the purchaser and expired the refund and the return periods.
6.3 Postage Provider
By purchasing an artwork, Seller and Buyer will be entering into a binding contract for the purchase of the artwork, as well as an agreement with UPS, FedEx or DHL for the provision of the Services.
Artupia and UPS, FedEx and DHL have entered into an agreement to make the Services available to you. Artupia is not providing or responsible for any of the Services, and UPS, FedEx and DHL are neither owned by, nor affiliated with, Artupia.
You authorize UPS, FedEx and DHL to provide the following Services in connection with your sale of artworks to Buyers:
- Parcel processing service: when your Buyer has paid us for the artwork, Artupia will create the shipment parcel for the artwork and you will bring the package to the nearest UPS, FedEx or DHL (that depend from the courier use) drop-off point. Our couriers will oversee the processing of the artwork at the Shipping Centre in preparation for the postage to your Buyer. Our couriers will decide if your artwork is eligible for shipping and may open and inspect it without notice.
- Postage and tracking service: Our couriers will arrange for the postage of the artwork from the Shipping Centre to the Buyer’s delivery address provided by the Buyer (or to a collection centre near your Buyer designated by the postal carrier).
- Customs service for non-EU shipments: based on information provided by you, our couriers will designate you as the exporter of the artwork (or, at its discretion, will designate itself or one of its service providers as the exporter) and will manage the export and import clearance of the artworks to be posted outside the EU. You authorize UPS, FedEx and DHL to act as your direct agent and customs broker/freight forwarder (with permission to further delegate that authority) to: (a) deal with customs business with all relevant customs and revenue authorities on your behalf, (b) remit your Buyer's payment of import charges to applicable authorities, (c) make export classifications, and export filings, (d) make on your behalf all declarations (including declarations of value) and filings in connection with the export of the artwork from the country into which it is being sold, and the import of the artwork into the country into which it is being imported, (e) select and amend product and service codes and Harmonized System Codes or such commodity classification codes as shall be applicable, (f) manage any disputes with such authorities and (g) do any other act that may be necessary in connection with the exportation or importation of an artwork. If required, you will be responsible for preparing and sending any documents or records to be filed for the sale and export of artworks and for providing full and accurate information to our couriers to enable it and its service providers to perform the Services. You will be the "declarant" for the purposes of all customs declarations, the legally declared exporter and responsible for the accuracy of the information provided.
6.3.2 Personal Information
By agreeing to these Terms:
- you consent to Artupia to provide this personal, order and artwork information to UPS, FedEx and DHL on your behalf so that our couriers may provide you with the Services under the Shipping Service. You acknowledge that UPS, FedEx and DHL may disclose this information, however collected, to its affiliates, service providers, and other third parties (such as customs and revenue authorities) as necessary to perform the Services (for example, contacting you to verify certain information and details of an artwork, providing your name and address information to customs brokers and shipping carriers so that they may clear customs on your behalf).
- Artwork Eligibility: Not all artworks on Artupia.com are eligible for the Service. Artupia may alter or amend the eligibility requirements for artworks without notice. You agree not to sell any ineligible artworks through the Service. More information about ineligible artworks may be found in 3.2 Prohibited and restricted artworks. You agree that UPS, FedEx and DHL shall have the right to decide if the artwork is eligible for the Service. You agree that in respect of any artworks found to be ineligible, our couriers may return the artwork to you at your costs.
- Country Eligibility: The Service is not available for shipments to all countries. The delivery address specified by your Buyer must be in a country eligible for the Service. Artupia reserves the right to expand or limit the countries eligible for the Service at any time, without notice. However, we will provide notice of any additions to the Sale of eligible countries by notification or email. Any such additions will automatically be effective 10 days after notice. Any additions are initially posted, at which time (i) all artworks will automatically be made available to Buyers in the additional countries and (ii) your artworks on sale will be automatically updated to permit sales to Buyers in the additional countries. The countries currently eligible for the Shipping Service may be found in that list: Austria, Belgium, Bulgaria Denmark, France, Germany, Honduras, Hungaria, Italy, Luxembourg, Norway, Poland, Portugal, United Kingdom, Romania, Spain, United States, Ukraine.
If Artupia determines that one or more of your artworks are eligible for sale to certain countries, but not to certain other countries, you authorize Artupia to exclude the artwork from being available to Buyers in just those ineligible countries.
6.4 Postage Rules
You will comply with the following rules for any artwork that you sell through the Service:
- you will accurately specify each package's weight and dimensions plus. If Artupia or UPS, FedEx or DHL conclude that the weight and dimensions information you provide is inaccurate when processing the artwork at the Shipping Centre, you authorize Artupia, UPS, FedEx or DHL to correct this information on your behalf;
- you will package all artworks appropriately and in accordance with Artupia indication and Service weight and dimensions limits. You can ask more information about any package or other applicable limits contacting email@example.com; if you fail to do so, UPS, FedEx or DHL may conclude that the artwork is undeliverable. In this case the transaction closes automatically and the money will be retransferred to the buyer.
- upon receipt the notification from Artupia of payment from the Buyer, you will promptly bring the artwork to the nearest Shipping Centre (drop-off point) indicated;
- you will not combine multiple orders (either belonging to the same Buyer or different Buyers) in a single package.
- you will not post ineligible artworks. Details of ineligible artworks can be found here (3.2 Prohibited and restricted artworks and 6.3.3 Eligibility)
You agree not to sell any artwork through the Service in violation of any applicable laws or regulations of the countries eligible for the Service. By selling an artwork with the Shipping Service, you are representing and warranting that your sale, transfer, export of the artwork does not violate any applicable laws or regulations of any eligible country. You are responsible for ensuring that your sale and exportation of the artwork complies with all laws and regulations of the country from which it is being exported. You will provide to our couriers all necessary information required by it regarding the artwork sold by you. You hereby represent and warrant that artworks posted by you do not require an export license and that the export of the artwork does not violate any applicable laws.
6.5 Fees and Payment
Standard Artupia fees and PayPal fees apply (including PayPal’s cross border and currency conversion fees for international payments) to artworks that you sell to Buyers through the Service. Artupia will create together the shipment parcel and the import charges for the artwork and the Buyer will pay in advance for the checkout. Artupia will split your Buyer's payment between you and UPS, FedEx or DHL in the following manner: Artupia will transmit to your PayPal account that portion of your Buyer's payment consisting of the artwork price (except the amount charged to you to package for the Shipping Centre). We will transmit through Paypal the balance for the shipment of your Buyer's payment to UPS, FedEx or DHL.
6.6 Transfer of Title
Title to an artwork remains with the seller until the artwork is delivered to the Buyer successfully, at which time title passes to the Buyer. At no time do Artupia, UPS, FedEx, DHL or the third party service providers, take title to the artworks.
6.7 Risk of Loss
The passing of risk of loss or damage to an artwork shall be treated in accordance with UK laws as shall be applicable to that transaction. So, the risk of loss or damage to an artwork shall remain with the seller until the artwork is accepted at the Shipping Centre or has been returned to you by our couriers from the Shipping Centre. You will not be responsible for the loss of an artwork after its acceptance at the Shipping Centre.
6.8 Undeliverable Artworks
After the Buyer has purchased an artwork, if Artupia or Ups, FedEx or DHL determine that the artwork is ineligible for the Service or cannot be sent to the Buyer (for whatever reason), we have the right to cancel your sale and elect to return/leave the artwork to you.
Artupia or UPS, FedEx or DHL elect to return to you at any Shipping Centre close to the address that you have on file with Artupia. If an artwork is returned to you, you will be responsible for return postage costs and package pick up. In this case, we will refund the PayPal payment that your Buyer made to us.
6.9 Disclaimers and Liability
The Services are provided by our couriers. Artupia UPS, FedEx and DHL expressly disclaim to the extent permitted by law all express, implied, and statutory representations, warranties, and conditions relating to the Service and/or Services, including, but not limited to, warranties regarding the security, reliability, timeliness, usefulness, performance, accuracy, or quality of the Service and/or Services.
Artupia, UPS, FedEx and DHL will not be responsible for any disruptions or delays in the use of the Service and/or Services or any loss or injury associated with any such disruption or delay.
Artupia shall not be responsible for damages of any kind arising from the misuse of personal information that Artupia has disclosed to UPS, FedEx or DHL in connection with the Services provided to you by our couriers.
Artupia Ups, FedEx and DHL (including our/their parent, subsidiaries, affiliates, joint ventures, directors, officers, agents and employees) shall not be liable to you in contract, tort (including negligence), statute or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by them arising, directly or indirectly from:
- these Terms,
- your use of, misuse of, or reliance on the Service and/or the Services, or your inability to use the Service and/or the Services;
- the artworks sold under the Service;
- the availability of the Service and/or the Services
- the interruption, suspension or termination of the Service and/or Services.
Regardless of the previous paragraphs, if Artupia or UPS, FedEx or DHL (including our/their parent, subsidiaries, affiliates, joint ventures, directors, officers, agents and employees) is found to be liable pursuant to a claim arising out of the Service or Services, Artupia’s UPS, FedEx’ and DHL’ liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to Artupia in the 12 months prior to the action giving rise to the liability, or (b) £100.
You will indemnify and hold harmless in full Artupia, Ups, FedEx and DHL (including our/ their parent, subsidiaries, affiliates, joint ventures, directors, officers, agents and employees) against any third party claims or actions for losses, fines or other costs, including reasonable legal fees arising out of your use of the Service, the Services, the export or import of any artworks through the Service, or any violation of these Terms, Artupia’s policies, any law or regulation, or the rights of any third party.
Nothing in these Terms shall limit or exclude Artupia’s or UPS’s, FedEx’s, DHL’s liability for fraudulent misrepresentation, for death or personal injury resulting from Artupia or UPS, FedEx, DHL negligence or the negligence of Artupia or UPS, FedEx, DHL agents or employees or for any other liability that cannot be limited or excluded by law.
6.11 Other Terms
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Artupia and between you and our couriers are intended or created by these Terms.
Except as otherwise provided herein, these Terms are the entire agreement between you and Artupia and between you and our couriers with respect to the Service. Artupia’s or Ups, FedEx’ DHL failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may at any time, in our sole discretion, with or without notice to you:
- amend, replace, suspend temporarily, and/or discontinue permanently, the Service, its name, any of the Services, features, and/or functionality offered under the Service, and/or the service providers used to provide the Services
- limit, prohibit, refuse, cancel, block, suspend and/or terminate your sale of artworks through the Service if you violate any of these Terms, our policies, or any applicable laws.
These Terms may be amended at any time by email, or via the Messages section of My Artupia or by posting the amended terms on Artupia.com. All amended terms shall automatically be effective 30 days after they are initially posted.
Artupia Refund Program ensures that buyers receive the artwork they ordered, or get their refund but is not a product warranty. Any reason as not receiving an artwork or receiving an artwork that isn't as described, faulty or counterfeit in the artwork description are covered. Buyer’s remorse or any other reason are NOT covered.
If a buyer reports us a transaction defect with a purchase or contact us for support, Artupia helps buyers and sellers to resolve issues and seller’s funds will be held by Artupia as outlined in the “5) Payments”.
Buyers and sellers agree to comply with this Artupia Refund Program and permit us to make a final decision on any case. If we resolve a case in the buyer's favor, we will directly refund the buyer for the full cost of the artwork, and postage.
We work with sellers to ensure that buyers either get the artwork they paid for or get their Refund. We help to reach a solution. For this purpose, you, authorize us to:
- make final decisions about all cases, including appeals;
- provide buyers and sellers with access to each other's names, user IDs, contact information, and other information relating to a request;
- assist with communication buyer and seller until the issue is resolved;
- fix any processing errors we discover by debiting or crediting the payment in the Paypal account used for the incorrect refund or reimbursement.
Once you're opted into the Artupia Refund Program, there are additional requirements for a refund to be eligible. The Artupia Refund Program can be used by buyers when:
- an artwork is sold on Artupia.com;
- a buyer pays for the artwork with PayPal;
- you haven't already issued a refund for the transaction through PayPal;
- a buyer hasn't been suspended from the returns process.
These requirements may change as we expand the Returns Process over time.
You acknowledge and agree that your authorizations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Artupia Refund Program. For future claims, where we resolve a dispute in the buyer's favor, we will notify the seller. We may suspend the Artupia Refund Program without notice if we suspect abuse or interference with the proper working of the policy.
7.2 An artwork isn’t sent
We offer automatically the Artupia Refund Program when an artwork is not sent because we can automatically determine that the artwork wasn’t shipped. We refund the full cost of the artwork and original postage via PayPal.
Remember that if you breach or circumvent any laws, third party rights or our systems or our policies, your account may be removed, and you may be subject to a range of other actions such as:
- Account cancellation
- Content removal
- Artwork cancellation
- Limits of buying and selling
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Artupia Services.
7.3 Artwork not as described, faulty or counterfeit
Buyers can use the Artupia Refund Program when an artwork received doesn’t match the artwork description, is faulty or there are strong indicators that the artwork is counterfeit.
If a buyer receives an artwork that doesn’t match the artwork description, is faulty or counterfeit, the buyer needs to report by contacting us at firstname.lastname@example.org within 7 days from the delivery to start our Artupia Refund Program.
We review the artwork description, photos of the artwork provided by the buyer or the seller, plus any other information about the artwork that the buyer and seller provide.
- 1- If we determinate that the artwork has the defect (it doesn’t match the artwork description, is faulty or counterfeit), we refund to the buyer the full cost of the artwork and the original postage costs via PayPal when the seller Return Process is closed or concluded (7.6 Refund details). Sellers will be responsible for return postage costs in case of verified damage.
- 2- If we determinate that the artwork has NOT the defect (it matches the artwork description, is not faulty or counterfeit), the request closes automatically and we will charge the artist.
- 3- If we can’t determine the presence of the defect (if it matches or NOT the listing description, if it is or isn’t faulty or counterfeit), we may ask to the buyer to send the artwork to Artupia address and we will determine if there is the defect. If the defect is present, we will proceed following the solution of the previous point 1. If the defect is NOT present, we will proceed following the solution of the previous point 2.
- 4- Alternatively, may give a partial refund with the buyer’s consent, to cover differences between how the artwork was described in the details page and the actual artwork that was received. When given a partial refund, a buyer isn’t asked to return the artwork to the seller. The seller may be required to reimburse us for the partial refund.
7.4 Artworks damaged or lost in the post
Any loss or damage to the artwork that occurs in transit is a responsibility of the seller. This means that:
- if the artwork is lost in the post, the buyer needs to report by contacting us at support@Artupia.com 30 days after the latest estimated delivery date to start our Artupia Refund Program. If the buyer doesn’t contact us 30 days after the latest estimated delivery date the request closes automatically and we charge the seller.
- if the artwork is damaged in the post, the buyer needs to report by contacting us at support@Artupia.com within 7 days from the delivery to start our Artupia Refund Program.
We review the artwork description, photos of the artwork provided by the buyer or the seller, plus any other information about the artwork that buyer, seller, and courier provide. If we find the artwork is damaged in the post we will follow the 1. solution of the 7.3 paragraph. Seller will be responsible for return postage costs in case of verified damage. If we determinate that the artwork is not damaged in the post, the request closes automatically and we will charge the artist.
7.5 Transaction defect review
Artworks must be must be "as described”, “defect free”, and “original”. The goods are not legally required to be of "satisfactory quality" or "fit for purpose", safe and durable. If a buyer receives an artwork that doesn’t match the artwork description, is faulty or counterfeit, the buyer can report by contacting us at support@Artupia.com within 7 days from the delivery, to start our Artupia Refund Program.
When a buyer starts the transaction defect process, we will guide both seller and buyer through the process, step by step. The seller gets a notification and an email letting him know that the buyer has started that process for getting a refund. In addition, the artwork charge will be temporarily held in our PayPal account for that sale.
Through the transaction defect process, we review the artwork description, photos of the artwork provided by the buyer or seller, plus any other information about the artwork that the buyer and seller provide. In this way, we can determinate if the artwork matches the artwork description.
We will review and consider your communications with the buyer as well as the information the seller provides in the report. If photos would be helpful for documenting the condition of the artwork you sold and posted, you can upload as many as 10 (PNG, JPEG, BMP or GIF up to a maximum file size of 5MB). You can add photos until the Return Process is closed. Uploaded photos can be removed only by contacting Customer Service. We also look at a buyer's return history and all the circumstances. If we determine a buyer has abused the Returns Process or Artupia Refund Program, the buyer may be subject to a range of actions, including limits on buying and selling privileges and account suspension. Also, because we respect our users' privacy, we won't discuss the results of an investigation.
7.6 Refund details
When we determinate that the artwork has the defect (it doesn’t match the artwork description, is faulty or counterfeit), we will we refund to the buyer the full cost of the artwork and the original postage costs:
- after 4 days, if the seller doesn’t follow the Return Process (paragraph 8.2);
- after the receipt of the artwork, if the seller follows the Return Process (paragraph 8.2, 8.3, 8.5).
Refunds from Artupia are made through PayPal. In the unlikely event, we’re unable to send refunds to a PayPal account, we may provide refunds by IBAN transfer to your bank account. Refund includes the cost of the artwork and the original postage costs. The amount depends on the reason for the refund.
When you issue a refund through our Refund Program, the Artupia fee of 20% is included in the total refund amount.
Your fixed PayPal transaction fee of 3% isn’t included in the total refund amount.
7.8 Extended timelines
In some limited situations, we may extend the period of time in which a buyer is eligible for the Artupia Refund Guarantee. This extra time allows us to take into consideration the buyer’s location, national holidays, e.g. Christmas, or delays due to circumstances such a natural disaster, national emergency, labour strike, or governmental act or other instances such as fraud. Ask an extended timeline for Artupia Refund by contacting us at email@example.com.
Buyers and sellers have an opportunity within 3 days from when we make a decision about a transaction issue to appeal our decision by providing appropriate documentation. We have the right to seek reimbursement from the seller if a buyer successfully appeals.
7.10 Abusing Artupia Refund Program
Artupia Refund Program applies to all eligible purchases on Artupia.com. We don't allow buyers to abuse the Artupia Refund Program. Buyers can’t use more than one Transaction Defect Review to get a refund. Any cases opened with Artupia Refund Program for the same transaction are immediately closed.
- Claiming you have not received an artwork before the estimated delivery date has passed.
- Claiming you have not received an artwork when it has arrived.
- Claiming an artwork isn't as described in the listing when the artwork description in the listing was accurate.
- Opening the Artupia Refund Program or PayPal Buyer Protection case when you have already received a refund from the seller or reimbursement from your payment provider when you haven't paid for an artwork or as retaliation against a seller following a previous dispute.
- Threatening to open an Artupia Refund Program request or PayPal Buyer Protection case against a seller in order to get a discount or additional goods and services, when the artwork arrived in the described condition.
- Consistently opening requests which are inconsistent with your sellers' overall performance may be considered indicative of unfair behavior.
- Opening excessive requests or duplicate requests using other programs.
- Filing a chargeback after receiving a refund.
Buyers who breach or circumvent our Artupia Refund Program are subject to consequences outlined in the “2.9 Abusing Artupia” section of the User Agreement. In addition, we reserve the right to indefinitely suspend the buyer’s coverage under the Artupia Refund Program.
8) Returns Process
Artupia offers the Seller Return Process to simplify returns for buyers and sellers. If you opted into the Artupia Refund Program, you agree to the Artupia Return Process terms and conditions.
Once you're opted in to the Artupia Return Process, there are additional requirements for a return to be eligible. The Return Process can be used when:
- an artwork is sold on Artupia.com;
- you haven't already issued a return for the transaction through Artupia Returns Process;
- the seller starts the Return Process within your specified return time frame of 3 days;
- the seller pays for the artwork return postage costs with PayPal;
- the seller hasn't been suspended from the Returns Process;
- the return is based in one of our covered Country.
If a seller tries to return an ineligible artwork using the Artupia Returns Process, the request closes automatically.
These requirements may change as we expand the Returns Process over time.
8.2 Return Process
After the Artupia Refund Program starts we review the information about the artwork that the buyer and seller provide and if we determine that the artwork has a defect, the seller can decide to follow our Return Process within 3 days from the transaction defect decision:
- If the seller follows our Return Process within our timeline and pays return postage costs, the buyer can send back the artwork. When the seller Return Process is concluded, we refund to the buyer the full cost of the artwork and original postage via PayPal.
- If the seller doesn’t follow our Return Process within our timelines or he doesn’t pay the return postage costs, the seller Return Process closes automatically and we refund to the buyer the full cost of the artwork and original postage via PayPal.
The seller must follow our Return Process Rules:
- Timeline: the seller must follow the Return Process no later than 3 days after the defect transaction decision. If the seller doesn’t follow our Return Process within our timelines the request closes automatically and we refund to the buyer the full cost of the artwork and original postage via PayPal.
- Postage costs: the cost of return postage is the seller’s responsibility. Within 3 days after following the Return Process, the seller must charge our Paypal account with the return postage costs and customs charges with PayPal. Seller is legally required to pay return postage costs and to refund original P&P costs when the buyer returns the artwork because it's defective, isn't as described, or it was damaged in the post. If the seller doesn’t pay return postage costs, the request closes automatically and we refund to the buyer the full cost of the artwork and original postage via PayPal.
- Location: the seller is required to accept the return at the same departure address specified in the first shipment of the artwork.
When the seller follow our Return Process within our timelines and he pays return postage costs, the buyer must ship the artwork back to the seller within 7 days from the notification of the buyer return costs charge. The buyer must return the artwork in the same condition in which it was received.
When the seller Return Process is concluded, we refund to the buyer the full cost of the artwork and original postage via PayPal.
8.3 Artwork condition for returns
Buyer must return the artwork to you within 7 working days from the notification of the buyer return costs charge. The buyer is instructed to pack the artwork carefully and return it in the same condition as it was received, not altered in any way, as well as using the original packaging materials used by the artist and including all original packaging such as boxes, bags. Buyer will be responsible for purchasing packaging materials to send the artwork back safely to the artist. The buyer will follow the Artupia indication to send the artwork to seller primary return postage address.
Delivery confirmation is automatically included so Seller can track the status of the return package in the Transaction Page.
8.4 Return postage costs
Seller used our calculated postage to send the artwork, so we'll use the package weight that the user has indicated to determine return postage charges. In some instances, return postage charges may not be based on the actual weight of the package, but on an estimate.
The sellers are responsible for return postage charges, they can send payment to us through his PayPal account. If you only provide a partial payment via PayPal, the system will not recognize this as a total payment and will continue to ask you to pay the return postage costs. If the seller doesn’t pay the return postage costs totally, the request closes automatically and we refund to the buyer the full cost of the artwork and original postage via PayPal.
8.5 Omitted or misleading returns
When an artwork isn’t returned to the seller or the artwork location was misrepresented, we will not refund the cost of the artwork and original postage to the buyer but we will charge the artwork payment to the seller.
If the buyer is misusing returns such as:
- returning a damaged artwork, an empty box, a different artwork, an artwork that has not been handled with reasonable care;
- consistently purchasing artworks with the intention of receiving a full or partial refund from the seller;
- not following the other terms of our Return Process (8.3 Artwork condition for returns);
We ask the seller to report the buyer within 24 hours from the artwork delivery through support@Artupia.com.
We'll investigate and if we find that the buyer is breaching our 8.3 Artwork condition for returns, we will take action. This may include limits on buying and selling, account suspension or not refunding the buyer.
Rules are likely to apply although the seller is based outside the UK. This page is not intended to be legal advice. If you're unclear about the way any of these laws apply to you, please seek advice from a lawyer, Consumer Direct or similar professional.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Artupia Content and User Content remains with you. Neither Artupia nor any other party (including our parent, subsidiaries, affiliates, directors, agents and employees) involved in creating, producing, or delivering the Site, Services, Artupia Content or User Content shall be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from: your use of or your inability to use our Services; pricing, postage or other guidance provided by Artupia; delays or disruptions in our Services; viruses or other malicious software obtained by accessing, or linking to, our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any Artupia Service; the content, actions, or inactions of third parties, including artworks sold using our Services or the destruction of allegedly fake artworks; a suspension or other action taken with respect to your account or breach of the 2.9 Abusing Artupia section; the duration or manner in which your artworks appear in search results as set out in the artwork conditions section; or your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
We cannot guarantee the continuous operation of or access to our Services. Price update and other notification functionality in Artupia's Services may not occur in real time. Such functionality is subject to delays beyond Artupia's control.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Artupia cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under Artupia Refund Guarantee up to the price the artwork sold for on Artupia and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
The site, services, Artupia content and user content are provided "as is", without warranty of any kind, either express or implied. without limiting the foregoing, Artupia explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. Artupia makes no warranty that the site, services, Artupia content or user content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Artupia makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the site or services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services. No advice or information, whether oral or written, obtained from Artupia or through the site or services, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users or users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services. You understand that, except as expressly set forth in these terms, Artupia does not screen or inquire into the background of users of the site or services, nor does Artupia make any attempt to verify the statements of any users of the site or services. Artupia makes no representations or warranties as to the conduct of users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, particularly if you decide to meet offline or in person.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Artupia's Services or your breach of any law or the rights of a third party.
11) Legal Disputes
If a dispute arises between you and Artupia, we strongly encourage you to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Artupia both agree to submit to the exclusive jurisdiction of the English Courts, so if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court will be a court located in England. English law will apply in all cases.
These Terms constitute the entire and exclusive understanding and agreement between Artupia and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Artupia and you regarding the Site and Services.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Artupia via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an Artupia representative authorized to do so.
Artupia's Team works to ensure that artworks on sale do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
The User Agreement, the Artupia User Privacy Notice and all polices posted on our site are the entire agreement between you and Artupia and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Artupia Ltd., 3 More London Riverside, London SE1 2RE. We shall send notices to you by email to the email address you provide to Artupia during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after the date of mailing.
If you have any questions about these Terms, please contact Artupia at email@example.com.