Alinui Limited manages and operates art websites including IrishArtists.com and BritishArtists.com (hereafter called the WebSites) these being internet services which facilitate the selling and buying of works of art (hereafter called Artworks) between artists and others (hereafter called Sellers) and collectors and others (hereafter called Buyers).
The WebSites may modify this Agreement from time to time and such modification shall be effective upon posting to the WebSites. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. Your participation in the WebSites is entirely conditional on and subject to your compliance with this Agreement. By following the instructions during the registration process you confirm your unconditional acceptance of this Agreement and any subsequent modifications.
Scope of Sales
After opening an Artist account on the Sites, Artworks are made available for sale by Member Artists or others on the WebSite. Artworks may also be made available for sale on or through other websites operated by the owner of the WebSites, the websites of our marketing partners or other sales channels we reasonably determine to use in the future.
Non-Exclusivity and Pricing
You may market your artwork through other channels simultaneously with marketing through the WebSites provided that this does not affect your ability to deliver the artwork to the customer within the specified time. You also agree not to offer your artwork at a price lower than the price which you are offering it through the WebSites and that if the Artwork is sold through another channel you will remove it from sale at the WebSites within 2 days. This price must be inclusive of VAT (if applicable) and your delivery and insurance costs to anywhere in the UK or Ireland.
You agree to indicate clearly on your Artist gallery whether or not any original Artwork is for sale or not and, if it is, the price of the original Artwork. Any change of status of availability must be updated within 48 hours of such change in status. If we receive complaints from users who attempt to buy original Artwork listed as being available for sale when it is not, your membership in the WebSites may be subject to termination.
After opening a Collector account on the WebSitea, Collectors may be required to give detailed profiles, phone numbers, e-mail addresses, contact information, and more. All of this information is not disclosed on the WebSites unless to seller member when a sale is made of a Member Artist's work. The Websites then facilitates the transaction but forms NO PART of the legal contract between the buyer Collector and the seller Artist although it may take a fee for facilitating such a transaction.
Sales of Artwork
The WebSites facilitates the sale of Artist's and others art through an Escrow System. When a buyer offers to purchase an Artwork through the Websites it is a condition that they must only use the WebSites designated "Escrow" system of payment (currently with Transpact). This Escrow service is a licensed and regulated company that collects, holds, and sends a buyer's money to a seller according to instructions agreed on by both of them. Both parties agree the standard terms which may include but not be limited to: fee to escrow service; conditions of accepting the Artwork; length of inspection period; payment of escrow fees and returns.
Payment is sent by the buyer to the Escrow service who confirms that it has cleared. The seller sends the buyer the Artwork by the WebSites agreed traceable delivery method currently Parcel2go.com which may include insurance cover and may provide the escrow company with a tracking number.
If the item is not accepted, the buyer must return the item to the seller, paying the return delivery cost and the escrow fee. Payment, minus the escrow fees, is then returned to the buyer.
If the the buyer accepts and confirms receipt of the artwork (or the inspection period runs out) the funds are paid to the seller normally within seven business days after deducting any fees payable to the WebSites.
It is the essence of this Agreement that the WebSites acts solely as a facilitator between collectors or dealers and artists allowing those two parties the opportunity of contracting with each other for the purpose of buying and selling Artworks. In this process the WebSites form no part whatsoever of such a contract but may take a fee for facilitating the process.
You hereby acknowledge and accept the designated Escrow method (Transpact) for all sales of Artwork.
Delivery, Packaging and Insurance
You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from the WebSites under any circumstances and should be taken into account when pricing your artworks. You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to the Customer.
You will not include any contact details that would encourage the customer to deal directly with you in the packaging, such as business cards, leaflets, letters of solicitation for business etc.
You will package and arrange delivery of Artworks to the buyer within five working days of receiving the order using our designated transport company Parcel2go.com. The Artwork must arrive with the buyer no later than 7 working days after the order has been received by you.
You are responsible for delivery of any Artwork sold; insurance and any risk of loss; all applicable taxes and costs incurred related to any sale of art; resolution of any disputes arising from the sale of the Artwork; complying with any applicable laws, restrictions, regulations or manner of sale or exchange that may pertain to transactions of the Artwork.
Returns and damaged goods
In the event of the Artwork arriving damaged with the buyer, the agreement accepted by both parties in the Escrow contract will apply.
By using the WebSites and the service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the WebSites shall not violate any applicable law or regulation. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other Members including collectors and all others.
Ownership Rights in content on the WebSites
The WebSites retain all proprietary rights in the Websites and the service. The WebSites contains copyrighted material, trademarks, and other proprietary information of the WebSites. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
As the creator of your Artwork, you are the owner of the copyright to your Artwork work even if you sell the original Artwork to someone else. So, even if someone else buys your original they do not own the reproduction and other copyrights to the Artwork itself, unless you specifically draw up a contract to reflect that you have transferred such rights to that person.
It is the policy of the WebSites to terminate membership privileges of any member who infringes copyright upon prompt notification to the WebSites by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on the WebSites in a way that constitutes copyright infringement please contact us immediately in order that we may investigate such a claim.
Content Posted on the WebSites.
You agree that we have the right, but not the obligation, to screen all Artist content. You acknowledge that the factors determining whether Artist content falls within our content policy may be subjective, and you agree that we shall determine in our sole discretion whether your Artist content adheres to our content policy. By posting any content to the public areas of the WebSites, you hereby grant to the WebSites the non-exclusive, fully paid, worldwide license to use, publicly perform and display such content on the WebSites. This license will terminate at the time you remove such content from the WebSites. You represent and warrant that you own the content posted by you on the WebSites or otherwise have the right to grant the license set forth in this section, and your content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any content you post on the WebSites.
You will receive a password and user name. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur on your Artist account.
Termination of this Agreement
The kind of content that is prohibited on the WebSites is determined by the owner at their sole discretion including, but not limited to illegal, offensive, advertising or material not relevant to the art industry. The Site owner reserves the right to remove the material and terminate the membership of such members. You acknowledge that any such decision by the WebSites may be subjective, and you agree that the WebSitse shall determine in its sole discretion whether such content should be deleted.
You agree not to include in your area of the WebSites or in any of your artist content any information intended to lead to sales of listed items inside or outside of the WebSites. This includes, but is not limited to email addresses, telephone numbers, external website addresses, references to alternative channels through which your work may be purchased. Inclusion of such material may lead to termination of your account, without notice.
We may also in our sole discretion and at any time discontinue providing the Websitse, or any part thereof, with or without notice. We shall have no obligation to preserve or return to you any images, files or other content related to your account. We shall not be liable to you or any third-party for any termination of your access to the WebSites. Should you object to any terms and conditions of the Agreement or become dissatisfied with the WebSites in any way, your only recourse is to immediately discontinue your use of the WebSites and/or terminate your account,
Term & Fees
You are solely responsible for your interactions with other IrishArtists.com Members. The WebSites reserves the right, but has no obligation, to monitor disputes between you and other Members. It may encourage use of arbitration through an Escrow Service but has no obligation to do so.
The WebSites are not responsible for any incorrect or inaccurate content posted on the WebSites or in connection with the Service provided, whether caused by Members of the WebSites or by any of the equipment or programming associated with or utilised in the Service. The WebSites are not responsible for the conduct, whether online or offline, of any user of the WebSites. The WebSites assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or Member communication. The WebSites are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the WebSites and/or in connection with the Service. Under no circumstances shall the WebSites be responsible for any loss or damage, including personal injury or death, resulting from use of the WebSites or the Service or from any content posted on the WebSites or transmitted to Members, or any interactions between users of the WebSites, whether online or offline. The WebSites and the Websites Service are provided "as-is" basis and the WebSites expressly disclaim any warranty of fitness whether express or implied for a particular purpose or non-infringement. The WebSites cannot guarantee and does not promise any specific results from use of the WebSites and/or the Service.
Limitation on Liability
IN NO EVENT SHALL THE WEBSITES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES OR THE SERVICE, EVEN IF THE WEBSITES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITES LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO LAST SINGLE AMOUNT OF MEMBERSHIP FEES PAID, IF ANY, BY YOU TO THE WEBSITES.
You agree to indemnify and hold the WebSites, its owners, agents and employees, harmless from any loss, liability, claim, or demand, including legal fees, made by any third party due to or arising out of your use of the WebSites and service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
If there is any dispute about or involving the WebSites and/or the Service, by using the WebSites, you agree that any dispute shall be governed by the laws of Northern Ireland.
This Agreement is accepted upon your use of the WebSite and is further affirmed by you becoming a Member of the WebSites. This Agreement constitutes the entire agreement between you and the WebSites regarding the use of the WebSites. The failure of the WebSites to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.