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 (firstname.lastname@example.org) 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:
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:
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:
The first image should be:
The second image should be:
Do not use:
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:
What to avoid in your story-description:
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:
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:
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 email@example.com 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:
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 firstname.lastname@example.org.
You may use the Artupia name to refer to Artupia provided you respect the following rules:
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 email@example.com.
2.6.3 Banner and Button
You can email us at firstname.lastname@example.org 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:
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 email@example.com.
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:
As an artist:
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:
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:
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 sell an artwork that you're simultaneously selling outside of Artupia, and that may not be 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 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.
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:
Sexually oriented artworks are 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.
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 firstname.lastname@example.org. 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 the 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 to 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 email@example.com. In general, artwork information from closed or inactive accounts will be deleted or rendered anonymous as soon as reasonably possible 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:
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:
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 our buyers:
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 violations 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 purchases are not permitted. If you accidentally press the “pay now” button you're allowed to cancel your purchase contacting the Artupia support immediately at firstname.lastname@example.org. 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 at email@example.com.
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 artworks systematically 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. No one has to get an unfair advantage, so 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:
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 a short time, 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 firstname.lastname@example.org. We thoroughly investigate every report we receive. After your report is received:
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:
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 with 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:
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:
he 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:
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:
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 vary 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:
6.3.2 Personal Information
By agreeing to these Terms:
6.4 Postage Rules
You will comply with the following rules for any artwork that you sell through the Service:
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 with 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:
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:
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, incorrect, 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:
Once you've 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:
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 the Artupia Refund Program automatically 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.
If the artists do not deliver an artwork after your artwork has been sold, Artupia reserves the right to claim to the artist the following additional fees and other charges to cover Artupia’s costs for resolving the issue, including finding replacement artworks or issuing a refund to the buyer::
Moreover, Artupia reserves the right to claim to the artist the compensation for damages deriving from the impairment of the company's image.
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 incorrect, 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 incorrect, faulty or counterfeit, the buyer needs to report by contacting us at email@example.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 the buyer and seller provide.
When we determined that the artists do deliver a not as described, incorrect, faulty or counterfeit artwork, Artupia reserves the right to claim to the artist the following additional fees and other charges to cover Artupia’s costs for resolving the issue, including finding replacement artworks or issuing a refund to the buyer:
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:
We review the artwork description, photos of the artwork provided by the buyer or the seller, plus any other information about the artwork provided by the courier. 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 incorrect, faulty or counterfeit, the buyer can report by contacting us at firstname.lastname@example.org 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 incorrect, faulty or counterfeit), we will refund the buyer the full cost of the artwork and the original postage costs:
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, labor 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 decide 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.
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
rtupia 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've opted into the Artupia Return Process, there are additional requirements for a return to be eligible. The Return Process can be used when:
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:
The seller must follow our Return Process Rules:
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 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 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:
We ask the seller to report the buyer within 24 hours from the artwork delivery through at 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 help 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.
lthough 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.
he 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 policies 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.