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Terms and Conditions
These are the terms and conditions of accessART. In case you have any questions, please let us know via email@example.com
These terms & conditions apply to your visit and use of the website www.accessart.nl, as well as the services provided by accessART to you on or through this website. accessART is established in Amsterdam with its registered office at Cornelis Vermuydenstraat, 1018 RN Amsterdam, listed in the Commercial Register of Chamber of Commerce under file number 64952614 with VAT number NL855918433B01.
accessART is a platform facilitating the selling and buying of certain artworks. Against that background, accessART shall not be held liable by artists, buyers or users regarding the purchase, shipping, quality, legality and accuracy of the offered artworks and content. At no point in the transaction regarding the purchase of an artwork, accessART shall be the owner of such artwork. accessART shall also not be held liable by artists, buyers or users regarding the information, content, and accuracy of the website‘s content.
1.3 About these terms & conditions
These terms & conditions governs the relationship between artists and buyers, and between artists or buyers and accesART. Access to and use of the website and the artworks and services available through the website are subject to these terms & conditions. These terms & conditions apply to the artists, buyers, and users.
These terms & conditions may be changed over time. This policy was last changed in May 2017. The artists shall be notified by accessART if these terms & conditions have been changed.
2. Artist – accessART
2.1 The artist guarantees to accessART to:
have been duly registered with the tax authorities, and shall submit the relevant details to the artist dashboard; or
qualify as a hobbyist and therefore not aim to make a profit out of artwork selling.
accessART uses these details to work out the taxes as invoiced to the buyer. The artist shall at all times be responsible for providing the right information, and any costs in connection with faulty information shall be redirected to the artist.
2.2 Setting up a store
After having received the artist’s application, accessART shall review the application and approve or reject the application. The artist shall receive a notification of the approval or rejection. Setting up a store is free of charge.
Upon approval, the artist may enter the artist dashboard, edit his profile and start uploading artworks.
After rejection, artists are allowed to apply again with new artwork after a time period of 6 months.
By listing an artwork for sale, the artist agrees that:
- each listing only contains 1 artwork of 1 size for sale in case of a prefabricated artwork;
- each listing only contains 1 artwork of multiple sizes in case of an artwork on-request;
- the artwork is for sale – if the artist’s artwork is sold through another medium, it must be taken offline from accessART instantly;
- the artwork is accurately described – the text, pictures and categories should be truthful such that the buyer can properly assess the product;
- the artwork is created by the artist; and
- the artwork is not bound to any copyrights. accessART cannot be held liable for any copyright breaks of artworks published by the artist.
All prices of artworks on the website shall be listed including VAT, but excluding shipping costs. The artist shall be responsible for entering the correct and reasonable shipping costs per country that will be charged to the buyer. The artist shall have the right to adjust his price until a sale has been made. accessART does not influence the prices of the paintings. In case accessART gives advice to the artist with regards to pricing, accessART cannot be held responsible any damage or costs arising from this.
accessART may use any images or text related to the artist’s artwork in promotions or media related to accessART.
3. Buying artworks
The buyer can purchase an artwork by completing the buying process on the website.
The artist shall ship the artwork to the buyer with care and as soon as possible, but certainly within 3 working days after the purchase, unless there is an exceptional circumstance which then should be communicated to the buyer and accessART.
When a sale has been made, accessART shall, on behalf of the artist, send an invoice to the buyer.
3.4 Buyer’s payment
The buyer shall pay accessART the artwork purchase price and shipping costs through one of the payment gateways.
3.5 accessART’s payment
accessART shall pay the artist after it received the buyer’s payment in a monthly payment round. Artists shall provide to accessART valid payment information, such as bank or paypal details.
accessART shall charge commission for the artists upon sale. The commission charged to each artist shall be confirmed in the artist’s dashboard.The commission is excluding VAT. At the end of every calendar year, accessART and the artist may negotiate new terms. Unless the artist and accessART discuss and agree on any changes to commission, no changes shall be made.
4. Returning artworks
The buyer shall be allowed to withdraw from a purchase within a period of 14 days after receiving the artwork, except for purchases made on request. Upon request, accessART shall provide a sample form for withdrawal.
As long as the buyer (a) is the holder of the artwork and (b) may use his withdrawal right, he shall handle the artwork with care. The buyer shall be liable for a decrease in value of the artwork that is caused by his actions.
If a buyer decides to make use of its right to withdrawal, the buyer shall ship the artwork to the artist with care and as soon as possible, but within 14 days of the notification of withdrawal. The buyer shall bear the costs of returning the artwork.
accessART shall reimburse the buyer’s payment (excluding the shipping costs referred to in article 4.3). If the artist has already received payment for the artwork, the artist shall reimburse that payment to accessART as soon as possible but certainly within 5 working days.
You can contact accessART by sending an email to firstname.lastname@example.org. Emails will be answered as soon as possible.
Any complaints or disputes with accessART, and artist or buyer shall be directed to email@example.com for resolution. All complaints shall be replied by accessART within 5 working days.
5.4 Governing law
These terms & conditions and the purchase of the buyer shall be governed by and construed in accordance with the laws of the Netherlands.