1. The Service
The service (the “Service”) we offer allows you to search through the Site and purchase artworks which are listed on the Site. As part of the Service, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. The contract for the purchase of the artworks is between you and Artbeep. In order to use the Service you must be over 18 years of age.
2. About Us
Artbeep is a company registered in Estonia with registration number 12873130 and registered address Lootsi 11 Tallinn Harju maakond 10151, Estonia. We operate the Site and provide the Service.
3. The Artworks
We attempt to be as accurate as possible in the description of the artworks. However, as the descriptions are based on information provided to us by the artists and other sellers, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the artworks on the Site are for illustrative purposes only. You understand and agree that Artbeep uses commercially reasonable efforts to display the colours accurately, however, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the artworks and we disclaim all liability in this regard. We will inform you personally by email as soon as possible if the artwork you have ordered is not available and we will issue a full refund. The artworks are supplied for your private use only. You agree that you will not use the artworks for any commercial, business or re-sale purposes. We don’t have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. Access to the Site, Registration Process and Artbeep Accounts
In order to make a purchase through the Site, Users must first create an account by completing the registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process. Artbeep 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 authorised such activities or actions. You will immediately notify us of any unauthorised use of your account. If you are an artist or an art gallery/dealer exclusively representing certain artist(s) and would like to display artworks on the Site you must first create an artist account by completing the registration process and provide certain information. Artbeep will then contact you to sign a separate agreement which will be in addition to this Agreement. As a holder of an artist account, you agree to provide accurate, current and complete information during the registration process and to notify us to update such information to ensure it remains accurate, current and complete. The Site is made available free of charge. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or your Artbeep account are aware of this Agreement, and that they comply with it. Access to the Site is permitted on a temporary basis and it does not include any commercial use of the Site or its contents. You must not reproduce, copy and/or exploit the Site for any commercial purposes without our prior written consent. We reserve the right to withdraw or amend the Site without notice and, from time to time, we may restrict access to all or parts of the Site. We will not be liable to you if, for any reason, the Site is unavailable at any time or for any period. When you visit the Site and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.
5. Orders, Prices, Payment, User Locality, Delivery and Cancellation
By completing the check-out process and placing an order, you are offering to purchase the artworks from us. All orders are subject to availability. To order artworks you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are confirming that all details you provide to us are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that you have sufficient funds in the account to cover the cost of your order. The Site allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate.
(a) Formation of the contract between you and Artbeep When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order. We will confirm our acceptance to you by sending you an email confirming acceptance of your order following the receipt of cleared funds or payment authorisation from your card provider of the full amount payable. The contract between you and Artbeep in relation to the artwork ordered will not be formed until you receive order acceptance e-mail from us confirming the acceptance of your order. The confirmation email accepting your order sent by us concludes the contract with you. The confirmation email will include a description of the artworks included in the order. Only those artworks listed in the confirmation email are included in the contract between you and Artbeep. If we are unable to supply you with the artwork you ordered, for whatever reason such as an error in the price on the Site, we will promptly inform you of this by email, will not process your order and issue full refund as soon as possible.
b) Pricing Costs for artworks will be as specified on the Site. Artbeep will only charge the costs of artworks as displayed on the Site, shipping as well as taxes and duties related to shipping and exporting from the country where the artwork is being shipped from. All these will be included in the price you pay at the checkout. Depending on your delivery address, different taxation rules and additional charges may apply. You acknowledge that the price paid to Artbeep at checkout does not include Destination Taxes (if any). Destination Taxes include any sales, use, withholding, value added or similar taxes or any customs duties or tariffs that may be assessed by the government tax authority of the country of your residence or the country where the artwork will be shipped to and that are otherwise payable under applicable laws. You as the purchaser, acknowledge that you will be responsible for complying with any and all obligations under applicable laws with respect to the payment of any Destination Taxes. Artbeep and/or its third party service providers will collect your billing and shipping information, process your payment and will ship the purchased artwork directly to you.
(c) Payment Please refer to the "What payment methods are acceptable?" section of our FAQs for the details of what payment methods can be used. When you submit your order, we carry out a standard pre-authorisation check on your payment card. Artworks will not be dispatched until this pre-authorisation check has been completed. Once we have verified your payment details and accepted your order for delivery, we will send you a confirmation email accepting your order. In the unlikely event that we encounter a problem when processing your order, we will email you explaining the problem and possibly requesting further information to try and resolve the problem. We reserve the right not to process your order if, for example, the artwork ordered has been withdrawn by the artist or is otherwise not available, or if we are unable to obtain authorisation from your card issuer for the payment or if you do not meet the eligibility criteria (e.g. you are under 18).
(d) User Locality Artbeep does not warrant or represent that any content or Service on the Site is appropriate for use in your current location. Those who choose to access the Site or Service from their current location do so at their own risk, and are responsible for compliance with local laws where applicable.
(d) Delivery The estimated delivery date of the artworks will be stated in your order acceptance e-mail. We will try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your artworks to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. All orders are delivered by FedEx or similar courier service. Delivery times may vary depending on your delivery address. Deliveries will be subject to customs procedures and clearance, which you are responsible for arranging. Artbeep has no control over these charges and any of the Destination Taxes and we cannot predict their exact amount. Delivery times are estimates only and cannot be guaranteed. If no one is available at your address to take delivery, our delivery partner will leave you a note and you will need to contact them to rearrange delivery. You must comply with all applicable laws and regulations of the country for which the artworks are being shipped to. We will not be liable or responsible if you break any such laws.
(e) Cancellation and Return Policy Once you've made and paid for your order for an artwork and following the receipt of cleared funds or payment authorisation from your card provider of the full amount payable by us, Artbeep will process the order immediately and should you decide to cancel the order, we may not be able to stop the transaction. All items sold on Artbeep will be made bespoke and personalised when collected from the artist. At the end of checkout process you will be asked to enter a personalised message which the artist will write at the back of the artwork (whether original or print) you ordered. The message will be written in a small font in order not to affect the future value of the artwork negatively. The Site will not allow you to place an order and advance to the payments screen until you input your personalised message. Due to bespoke nature of all items sold on Artbeep, the sales of all items and their terms are final and cannot be cancelled for any reason. You are responsible for and agree to reimburse Artbeep for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
6. Representations and Warranties
As a user of the Service, you understand, represent, warrant, and agree that:
• You are over 18 years of age or, if higher, whichever is the minimum for your geographic and political location for the use of the Service and the conclusion of binding agreements;
• You will be solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your username and password;
• You will use the Service for your own personal purposes and shall not re-sell the Service to any person;
• If you or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify Artbeep, as well as all officers, directors, employees, representatives and agents, and hold them harmless from any such damage(s);
• You agree that other notices and policies found elsewhere on the Site are hereby incorporated into this agreement;
• You agree not to access, tamper with, or use non-public areas of the Site, Artbeeps's computer systems, or the technical delivery systems of Artbeep's providers;
• You agree not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Artbeep or any other third party to protect the Site and Service;
• You agree not to gain unauthorised access to the Service, other users' accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• You agree not to use, display, mirror or frame the Site, or any individual element within the Site, Artbeep logo, the layout and design of any page or form contained on a page, without Artbeep's express written consent;
• You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise;
• You agree not to attempt to probe, scan or test the vulnerability of any Artbeep system or network or breach any security or authentication measures;
• You will not use any computerised or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract, capture, or download any material of any kind from the Service. You agree not to use or launch any automated system that accesses the site in a manner that sends more request messages to Artbeep servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available, searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases;
• You agree not to use any meta tags or other hidden text or metadata utilizing the Artbeep logo or URL or Artbeep's express written consent;
• You agree not to collect or store any personally identifiable information from the Site;
• You agree not to impersonate or misrepresent your affiliation with any person or entity;
• You will abide by all applicable laws and regulations. Violation of this, in Artbeep's sole and absolute discretion, may result in Artbeep taking appropriate action against you including, without limitation, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity that:
is in any way illegal or unlawful according to rules, regulations, and/or laws of your specific geographic local community where you reside and those which you are personally responsible for knowing and complying with;
is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity; or
promotes or solicits for any competing business to Artbeep.
As the provider of the Service, Artbeep will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to people in general on the world wide web where not blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or back-ups. We strongly encourage you to keep local backups on your own computer of all your data. Artbeep makes absolutely no representations or warranties on data integrity or security of any information including, but not limited to, preferences, profile settings, IP addresses, email addresses, or credit card information.
7. Proprietary Rights of Artbeep
Artbeep owns and retains all proprietary rights in the Service and in the content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary rights and property of Artbeep and our partners, vendors, and licensors. 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, replicate, duplicate, or sell any such proprietary information. Furthermore, Artbeep maintains the right to send you periodic emails, at frequencies determined solely by Artbeep, which may include advertisements from Artbeep and from third parties. Artbeep may utilize unaffiliated third-party service providers to supply various products and services including, but not limited to, hosting services, internet connectivity, data processing, subscription billing, storage of account information, and for the transmission of emails, among other things.
8. Copyright Policy
All images, writings, and content published on the Site, or used in creating the Service, are protected by copyright. Copyright in the artworks remains the property of the artist who created it or its assignees. You warrant and represent that you will not submit, distribute, duplicate, or reproduce, publish or submit for publication or reproduction to any third party, including any internet websites or resources for any purpose and in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
10. Links to Third-Party Web Sites
11. Limitation of Liability
IN NO EVENT SHALL ARTBEEP, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS BE LIABLE TO USER OR ANY THIRD PARTY: FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF ARTBEEP AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF ARTBEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY ARTBEEP. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT ARTBEEP'S SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO ARTBEEP FOR THE SERVICE DURING THE TERM OF THE USER'S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF. THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR. NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL OF ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE TO HAVE ARTBEEP, UPON WRITTEN NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE, TO REFUND ANY MONIES ACTUALLY PAID BY YOU FOR THE SERVICES AND/OR PRODUCTS INVOLVED IN THE BASIS OF THE CLAIM AND TO TERMINATE AND DISCONTINUE YOUR REGISTRATION AND USE OF THE SERVICE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE IN NO EVENT WILL ARTBEEP’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL PAYMENTS THAT YOU MADE TO ARTBEEP FOR THE ARTWORKS THAT ARE THE SUBJECT OF A CLAIM.
12. Term and Termination
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Artbeep may terminate your account(s) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect.
No delay or omission by the User or Artbeep in exercising any right, power, privilege or remedy hereunder shall operate to impair such right, power, privilege or remedy or be construed as a waiver thereof and no single or partial exercise or non-exercise of any right, power, privilege or remedy shall in any circumstances preclude any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.
14. Survival of Obligations
Any obligation of the User or Artbeep under this Agreement which is expressly stated to continue, or by their nature would continue, beyond the termination or cancellation of this Agreement shall survive such termination or cancellation.
15. No Third Party Rights
This Agreement does not provide any third party, including without limitation any person who is involved in or is the subject of any conversation carried out as a result of the provision of the Service, with any right, privilege, remedy, claim or cause of action against Artbeep, its affiliates or any of its or their respective officers, directors, employees, contractors, partners, agents, representatives, licensors, suppliers and service providers, and such persons have no duty or liability, whether express or implied, to any such person. This Agreement is between you and Artbeep. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
You agree to indemnify and hold Artbeep, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service. Artbeep reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Artbeep in the defense of any such claim, action, settlement or compromise negotiations, as requested by Artbeep.
17. Severability and Force Majeure
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances or circumstances outside of a party’s reasonable control.
Artbeep has the right, at its sole discretion, and without necessity of notice, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on www.artbeep.com as described above in the opening paragraph of this Agreement so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
Any notices to Artbeep are to be sent to firstname.lastname@example.org. Any notices to User will be sent to the email address provided to us in your account on the Service.
20. Governing law and jurisdiction
This Agreement is governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to this Agreement.
Copyright 2015 Artbeep.com