Terms of use

General terms and conditions

By using the website www.art-cart.eu (“Website”) and (or) registering for the Website you acknowledge and agree that you have read and understood the terms of use (“Terms”) of this Website and agree to be bound by these terms. Art-cart reserves the right, at its sole discretion, to change, amend or add to the Terms, or to change, modify, add, remove, discontinue, cancel or terminate any part of the Website and (or) Website services. If we modify the Website or Terms, we will post the modification on the Website. By continuing to access or use the Website and/or Website services after we have modified the Terms and/or Website, you are indicating that you agree to be bound by the modified terms. If the modified Terms and/or Website are not acceptable to you, you can choose to stop using the Website or Services.

Account

In order to become a User and gain access to the Website services, you must first register and create an account, in accordance with the Website Terms of use and other instructions available on the Website. Registration is free to all Users. During the registration process you will be required to provide certain information including username and password. The submission of information during the registration process will be considered as your agreement for the public organization “Kaunas Biennial” (organisation code 302751123, Tvirtovės al. 61-5, LT 50154 Kaunas, Lithuania) to store your personal information. Your personal information will be processed through online purchasing and direct objectives and supplied directly to UAB DHL Lietuva and AB “Lietuvos paštas”. Please be advised that you have the right to access your personal information, the right to request changes in incorrect, incomplete, inaccurate your personal information and to object to the processing of your personal information. Upon successful completion of the 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 if it changes. Art-cart reserves the right to suspend or terminate your Account if any of the 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 under your Account, regardless of whether or not you have authorised such activities. You agree to immediately inform the Website administrator of any unauthorised use of your Account.

Seller Terms and Conditions

Listing Works on Site

As a User you may submit listings for original works of art that you have created and that you desire to sell through the Website. The user cannot submit listings of original works of art that were created by another artist. Upon submitting a listing for a work of art that was created by another artist the User accepts full responsibility to third parties for unauthorised use of the work of art. In order for your listing to be accepted you must provide all information that is required and comply with all other Website Terms and Conditions. Your listings must be accurate and complete and comply with the Website content guidelines, which are available at the Website. By listing original works of art you must specify the price of the work in a designated box. After submitting this information you will be able to see your earnings after the commission fee charged by Art-cart. Your earnings, after the sale of the original work of art submitted by you, and after the commission fee charged by Art-cart will be equal to 70% of the sales price of the listed work of art. The User must pay all taxes required, if there are any, with his income earnings from the sale of the original work of art. Art-cart reserves the right to check any listings and/or Account information details according to our own discretion and either approve or reject them. The information you submit will be approved and become searchable on the Website within 24 hours (in some circumstances it may take up-to 72 hours). If you submit listings of original works of art on the Website, you agree to not sell the listed works of art independently or through third parties for 6 months starting from the date of the listing submission for the Website. Throughout the period stated above the original works of art submitted by the User can only be sold by Art-cart. If the User independently or through a third party, without the representation of Art-cart sells an original work of art listed on the Website before the end of the period stated above, the User must pay a fine equal to 30% of the sales price of the work of art listed on the Website to Art-cart. After a period of 6 months from the submission of the listing of an original work of art the User may remove the listing or keep it for an indefinite period of time. If you remove a listing for an original work of art from the Website Art-cart rights to reproduce, publicly display, distribute and sell the original work of art will as of the date the listing is removed from the Website, except those cases when these rights will survive and remain in effect as long as necessary for Art-cart and its third-party subcontractors to fulfill any in-progress customer orders.

Rights to original works of art

If you submit listings for original works of art to the Website, you hereby acknowledge and agree that you are solely responsible for all original works of art and digital works that you make available through the Website. Accordingly, you represent and warrant that: 1) you are the sole creator and owner of all such works of art; 2) all such works of art belong to you or you have all the rights to use the works of art, which you list on the Website; 3) the distribution of all the listed works of art will not infringe, misappropriate or violate a third party intellectual property and/or any other rights, privacy and/or result in the violation of any applicable law or regulation.

As long as a work of art is listed on the Website, the User hereby grants the Website such rights: 1) to reproduce a work of art in any form or medium; 2) to distribute the original work of art and its copies in sales; 3) to publicly display the original work of art or its copies; 4) to publicly distribute the work of art including the making of in the public domain (internet).

Online Sales

If you submit listings for original works of art, you hereby grant Art-cart a worldwide, non-exclusive, royalty-free, commission-free license to use, reproduce, distribute, publicly display and publish images of the works of art through any form, medium and technology as well as to reduce, cut, copy images of the work for the purpose of promoting Art-cart.

The Website is responsible for collecting for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Website. After the sale and when the money is transferred by the purchaser to the Website, Art-cart will provide you with the name, address and the purchase order number of the purchaser by sending the information to your registered e-mail account. Upon receipt of this information from the Website, you are responsible for shipping the purchased work of art directly to the purchaser or, at the request of the purchaser, to hand over safely and neatly wrapped to the purchaser no later than within 7 calendar days following the date of purchase. If the purchaser requests the purchased work of art to be sent you must comply with the purchaser’s chosen method of shipping service. After handing over the artwork to the purchaser or shipping company you must immediately provide a document confirming it to the Website administer by e-mail: sales@art-cart.eu. The purchaser and Website are responsible for the shipping costs. The documents, confirming the shipment of the purchased work of art or delivery to the purchaser, must be immediately provided to Art-cart. If, within 7 calendar days following the date of purchase, you do not ship the purchased work of art (you do not provide documentation to Art-cart with proof of shipping or delivery), Art-cart reserves the right to cancel the purchase of the work of art, terminate your Account on the Website and to demand payment of 30% of the artwork’s price as a penalty for failure to comply with contractual obligations. When submitting listings of original works of art to the Website, you are responsible for providing accurate shipping dimensions and weight, and your (sender’s) address. If at the time of shipment to the purchaser this information varies from the information provide by you and results in the changes of the shipping costs, Art-cart (after providing documentation of shipping costs) reserves the right to deduct the resulting increased shipping costs from your earnings.

For sales of original works of art the Website will transfer your earnings, which are equal to 70% of the sale price of the work of art, into your nominated bank account. The Website will transfer your earnings for the purchased works of art within 30 days from the date of the artwork delivery to the shipping company or direct handover to the purchaser. The payment will be made via a bank transfer to your nominated bank account.

Art-cart reserves the right to sell works of art through various promotions and/or discounts. Upon receipt of information about a promotion, you are free to decide if you want to participate in the promotion or not. Before deciding whether or not to participate, you must carefully read and familiarize yourself with the terms and conditions of the promotion.

Purchaser Terms and Conditions

Purchases of Original Works of Art

As the Website User, you have the right to purchase original works of art that are listed by other Users on the Website. When you purchase such an original work of art through the Website, you are purchasing the work from Art-cart and not the User identified on the listing for such work. Prices for original works of art are given in euros alongside the illustrations of the works. The prices do not include shipping costs, additional fees or taxes, if any, that apply outside the borders of Lithuania, for which the purchaser is responsible. If you decide to purchase an original work of art, Art-cart will administer your purchase, collect your billing and shipping information. Payments for purchased original works of arts should be made to he Website’s account using bank, credit card or PayPal transfer. The User identified on the listing of the original work of art on the Website will, according to your preference, ship or hand over the purchased work of art directly to you. When completing a purchase of a work of art you will be able to choose one of the shipping methods offered by Art-cart selected shippers, suggest your preferred shipping method or arrange the exchange of the work of art directly with the seller. Art-cart is not responsible for the safety of the shipping of the works of art and the quality of services by the shipping companies.

By purchasing a work of art, you gain the rights to its ownership but not the copyright contents. By purchasing a work of art, you agree to its sole use for individual purposes and not public display.

Sold works of art cannot be returned or exchanged.

Other terms and conditions of sales

Art-cart reserves the right to cancel any order for an original work of art placed via the Website. If Art-cart cancels an order placed via the Website, Art-cart will send the User an e-mail confirmation of such cancellation and your payment for an original work of art will be transferred back to the User’s bank account, which the payment was made from.

Discounts and promotions

Art-cart reserves the right to operate promotions and/or discounts when selling works of art. Discounted amount is applied to publicly displayed price of original or digital works of art. If you wish to participate in promotions, you must carefully read and familiarize yourself with the terms and conditions of the promotion.

Terms for both Seller and Purchasers

Trade Restrictions

The Website prohibits direct sales between the creators of the works of art and purchasers.

Taxes

All prices, commissions and other sums specified in these Terms and Conditions are given in euros inclusive of VAT.

Colours

Art-cart uses commercially reasonable efforts to display the colours of the original works of art, however, because individual computer monitors may display colours differently, Art-cart is not responsible for the colour accuracy of any original works of art.

Art-cart Content

Art-cart may also make available through the Website text, graphics, audio and video information (Art-cart content). Art-cart authorizes you to download, view and print this information solely for your personal use in visiting the Website and, if you are a User of the Website, in connection with exercising your rights and obligations as a User.

You are prohibited to:

Post, upload, publish, submit or transmit any text, visual information as well as music, audio and video information, programmes and other documents, which: 1) infringe the rights of any third parties; 2) encourages any conduct that would violate the law or regulation or would give rise to civil liability; 3) is fraudulent, false, misleading or deceptive; 4) has defamatory, obscene, pornographic vulgar or offensive content; 5) promotes discrimination, racism, hatred, harassment or harm against any group of individuals; 6) is violent or content that promotes violence; 7) harms minors in any way; 8) promotes illegal or harmful activities.

Other terms and conditions

The Website may contain links to other website and/or internet sources. Art-cart does is not responsible for the availability, content or services.

 

If you breach any of these Terms, Art-cart will have the right to suspend or disable your Account. Art-cart reserves the right to revoke your access to and use of the Website, Services, Website content or User content at any time, with or without a cause. If Art-cart terminates your Account, you will remain liable for any outstanding obligations and payments you are due until they are completed.

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