Terms & Conditions of Sale
Terms & Conditions of Sale
Last update: January 30th 2021.
1. CORE PRINCIPLES
1.1. Acceptance of the Current Terms
Arto Galleria (“ us ”, “ our ” or “ Arto ”) provides a service of discovery, sale and purchase of artworks, accessible on our website at www.artogalleria.com (“ Platform ”), as well as all services, software, tools or other functionalities made available by Arto Galleria (“ Services ”). Please carefully read the following Terms and Conditions (“ Terms ”) as well as all other Policies relative to the use of and access to the Platform (Clause 1.4), because they regulate your access and use of these Services. The use of the Arto Galleria Platform and its Services implies the acceptance of the Terms outlined in this document.
Some sections of Arto Galleria’s Services can have different Terms or can require that you accept additional Terms. These specific Terms will always supersede the Terms & Conditions of Sale of this document when using said section of the Services.
1.2. Important Terminology
Here are some important terms used within the present Terms.
Content: Any text, image or video, hosted by the Platform.
Contract: Commitment by which the Buyer and the Seller undertake to conclude the sale, including the price, the delivery time, the accepted place of delivery and the details concerning the creation of Custom Artworks.
Platform: Arto Galleria website accessible at www.artogalleria.comand its Services, assuming the role of intermediary, providing Users with an array of programs allowing for content posting, functionalities and various applications.
Net Revenue: The amount owed to a Seller pursuant to the present Terms, relative to the sale of an Artwork on the Platform.
Service: All services, software, tools, or functionalities, including the Platform, made available for the benefit of Buyers and Sellers by Arto Galleria.
1.3. Arto Galleria as a Commercial Intermediary
When a sale is made, the Customer has an obligation to pay for his purchase on the Platform, using one of the available payment options offered. This obligation is fulfilled once we have received full payment of the purchase. The payment of a Contract must always be made via the Platform. You must never bill or receive payment from a Customer outside the Platform. Since we act as a commercial intermediary, our name will appear on the Customer’s bank statement.
The Artist must ship or arrange for shipment of the sold Artworks after having received notification of the Customer’s order. Any refund to Customers must be initiated via the Platform.
1.4. Other Important Documents
Please note that your general usage of the Platform as a User or a Buyer is governed by the Arto Galleria Terms & Conditions of Use.
Here are the other documents relative to all the Rules and Policies regulating the access and usage of Arto Galleria’s Services. By using our Services, you acknowledge that you agree with these Rules, Policies and Terms:
Packaging and Shipping Policy
Seller’s Tips and Best Practices Guide
1.5. Modifications to the Current Conditions
Arto Galleria reserves the right, at its own discretion, to modify, interrupt or terminate the Services, or to modify the present Terms, at any moment and without prior notice. Any modification made to the present conditions will be publish on the Platform, and as soon as possible, a notice of modification will be sent. Following each modification, the date of the “ Last update ” will be adjusted. By continuing to access the Platform or to use the Services following a modification, you accept to be bound by the modified Terms. If the amended Terms are not to your liking, your only recourse is to stop using the Services and/or the Platform. The changes will be applicable as soon as they are published, notwithstanding the sending of a notice to Users.
1.6. Modifications of the Services
Arto Galleria reserves the right to change its URL and to modify, restrict, suspend or block access to its Services, at any moment and without prior notice. We can modify or delete artistic Content on Arto or members’ Content, at any moment and without prior notice. This includes, notably, the removal of any Artworks that feature Content deemed to be inappropriate or in breach of the Terms & Conditions of Sale or of Use.
Some information concerning the Services on the Platform could contain typographic errors, inaccuracies, or omissions. Arto Galleria reserves the right to correct any error, inaccuracy, or omission, as well as to modify or update any inaccurate information about the Services, at any moment and without prior notice. We are not obligated to update, modify, or clarify information about the services, unless required by law or applicable regulations. No update date will be specifically applied to the modification of Services.
1.7. Laws Regulating the Present Conditions
The parties agree that these Terms were concluded in Laval and are subject to the laws that apply in Quebec and, where applicable, in Canada, and that any related legal proceedings must be brought in the judicial district of Laval.
By using Arto, you agree to submit to the exclusive jurisdiction of the Quebec courts, district of Laval, with respect to your relationship with Arto Galleria. It is your responsibility to comply with all tax requirements applicable to sales made by Users on the Platform. It is also your responsibility to comply with all laws applicable to online conduct and permissible content in the locality from which you use the Platform.
1.8. Arto Galleria Coordinates
Arto Galleria (9424-2476 Québec Inc.) is a Canadian incorporated company, under the Business Corporation Act and whose headquarters is: 3835 Curé-Labelle Blvd, Laval, QC, Canada, H7P 0A5.
If you have any questions, concerns or complaints, you can send an email to Arto Galleria at firstname.lastname@example.org, use the “ Contact ” page of the Platform or write to Arto Galleria’s postal address: 3835 Curé-Labelle Blvd, Laval, QC, Canada, H7P 0A5.
2. YOUR ARTO GALLERIA ACCOUNT
You must be at least 18 years old to create a User account and/or to sell Artworks on the Platform. By registering, you certify that all the information you provide to Arto Galleria are true, valid and up to date, notwithstanding any changes. Using false information or identity theft is prohibited. Arto Galleria reserves the right to close your account in the event that you fail to meet the foregoing eligibility Terms.
2.2. Choice of Artist Name
If you decide not to use your full given name and you decide to use a Pseudonym or an Artist Name, as the name associated to your account, it is prohibited to use foul or vulgar language or language that violates the present Terms in any other way.
2.3. Creating Your Account
For your Artist account to be approved on Arto Galleria, you must complete the Seller registration process on the Platform. For this, you must first create your account (“ Seller Account ” or “ Artist Account ”). In order to complete your registration, you must enter personal information, details about your art and the Artworks you want to sell on the Platform (“ Registration ”) and an access code (“ Password ”) that will allow you to access your Seller Account. In creating your Account, you certify that all the information provided is accurate, up to date and complete. If some of the information changes, it is your responsibility to update it on your Account. Arto Galleria reserves the right to suspend or to terminate your Account if the information provided during the registration process or afterwards is found to be inexact, not up to date or incomplete.
2.4. Protection of Your Account
Each time you want to access your Seller account, your Password will be required. You are responsible for the protection of this Password. As long as the right Password is entered, we will assume that you are the person responsible for any action on your Account. You accept to never share your Password with anyone and assume responsibility for all activities or actions undertaken within your Account, whether or not you authorized such activities or actions. We will do everything we reasonably can as a service provider to protect you against unauthorized access to your Account. However, Arto Galleria is not to be held responsible for such unauthorized access to your Artist Account or to the confidential personal information it contains. You must immediately inform Arto Galleria of any possible breach of your account’s privacy.
It is the Seller’s responsibility to keep permanent records of data and sales associated with the Seller Account and with your use of the Platform and to ensure the reconciliation of payments related to your sales. Following the closure of the account by the Seller and/or Arto Galleria, after an inactivity of the account for a period of 2 years, Arto Galleria will have no obligation to keep, store or provide copies, or to allow access to data, documentation or any other information related to the Seller account or the sales made.
3. YOUR CONTENT
3.1. Authenticity and Originality of the Artworks
As a Seller, you commit to posting authentic and original Artworks that you have created yourself and want to sell via our Services. It is prohibited to post Artwork that was created by another Artist, as mentionned in the Copyright Policy.
As a Seller, you can also post prints of artworks (“ Prints ”) that you have created and that you wish to exploit commercially via our Services. It is prohibited to attempt to sell Prints of an Artwork created by another Artist.
3.2. Restrictions Applicable to Your Artworks
In order for your Artworks to be approved for sale, you must provide Arto Galleria with all the necessary information and conform to all other requirements that could be asked of you. All Artworks must be signed by the Artist and/or accompanied by a certificate of authenticity (“ Certificate of Authenticity ”).
If you decide to sell limited edition Prints, you can produce a maximum of 100 copies. Each copy of the Artwork must be numbered in the series according to the order in which it was produced. This number must be clearly featured on the Artwork itself or on the accompanying Certificate of Authenticity.
3.3. Accuracy of the Artworks
It is the responsibility of the Artist to ensure that the Artworks and their descriptions (“ Post ”) submitted to the Platform represent the Artworks with as much accuracy as possible. If you submit misleading or deceptive information or images on your virtual gallery and a sale is completed, Arto Galleria reserves the right to deduct all fees relative to the customer’s request for a return from the Net Revenue (Return Policy).
3.4. Pricing of the Artworks
The advertised price of each of your Artwork must reasonably reflect its just value. This price must not be higher than the one advertised for the same piece elsewhere. If an Artwork you have submitted for sale on Arto Galleria is found elsewhere by a Customer and it is displayed (by you or a third-party) at a lower price, we are authorized to adjust the Arto Galleria price to match the lower advertised price. This price adjustment can be applied before or after the sale of the Artwork in question and will be used to calculate your Net Revenue, to reflect the lower advertised price.
By posting your Artworks on our Platform, you authorize* us to reduce the price of your Artworks by up to 15%. This discounted price could, notably, but not exclusively, serve to:
Stimulate Customer response (e.g., first transaction on the Platform, having referred a Customer, pending cart items, signified intent of buying more than one item from you or other Sellers);
Seasonal events generally linked to Customer promotions (e.g., Boxing Day, Black Friday or Cyber Monday), targeting Customers living in certain regions or the Platform’s clientele as a whole.
*Artists may choose to withdraw from the Arto Galleria promotions, but this will decrease their visibility on the platform throughout the duration of the promotional campaign.
How to participate or not in Arto Galleria promotions
3.5. Restrictions Applicable to Your Content
You acknowledge and accept that you are solely responsible for the Content you upload on Arto Galleria. Your Posts must be accurate and complete and must also respect the directives in effect relative to Arto Galleria’s Content. It is prohibited to upload Content that Arto Galleria can reasonably judge to be:
Vulgar, obscene, pornographic or offensive, including content inciting heinous propaganda or discrimination of persons or groups based on protected attributes such as: ethnicity, country of origin, creed, gender, sex, age, social standing, sexual identity or orientation, handicap or any other protected characteristic;
Content that infringes, diverts or violates patent, copyright, brand, commercial privacy, moral rights or other third-party intellectual property rights, or publicity or confidentiality rights, or that leads to the violation of any law or applicable regulation.
Arto Galleria reserves the right to modify and/or delete any Post to ensure that it conforms to these directives. You acknowledge that your Posts are not immediately searchable by tag or category to allow the system to properly analyze all data submitted. Arto Galleria reserves the right to close your account in the event that you fail to meet the foregoing eligibility Terms. The placement of your Postings in search and browsing results can be based upon many factors that include, but are not limited to, the title, tags, price, etc.
3.6. Usage of Your Content by Arto Galleria
When you registration as a Seller and you upload original Artworks and Prints (“ Artistic Content ”) on our Platform or Services, you grant Arto Galleria a world-wide, non-exclusive licensing right, royalty-free and sublicensed for previewing, using, distributing, public displaying, executing and transmitting your Content in any form, and that, by physical or online channels (including on our Platform and third-party sites and platforms) currently known or not, even if you delete your Artwork from our Platform.
This right and this license for using your Content serves strictly to the promotion of Arto Galleria and the Artworks posted. Arto Galleria has no claim, and therefore, can in no way violate the copyright of your Content or Artistic Contents.
You accept that the only compensation you will perceive for this license, if need be, will come from the Net Revenue, payable only on the sale of an Artwork on our Platform, and defined subsequently in the present Terms.
4. YOUR RESPONSABILITIES
4.1. Sales Contract
In accordance with clause 5 of the Terms & Conditions of Use, when a customer places an order for one of your artworks on the platform, we inform you by sending a Confirmation notice to the email address registered in your Seller account. You must then promptly either:
Confirm that the specified artwork(s) are still available; OR
After that, you will have to:
Pack the Artwork(s) specified in the order.
Be available for pickup at your workshop/residence, or drop off the specified Artwork(s) at the shipping center of the selected carrier.
The Contract between you and the Customer will not be formed until we send the Confirmation of Sale to the Customer.
4.2. Order Fulfillment
When a Customer orders an artwork that you have displayed on the Platform, it is your responsibility to package it in accordance with Arto Galleria's Packaging policy.
Arto Galleria is in no way responsible for any losses incurred because of improper packaging. See Return Policy.
You must respect the " preparation time for shipment " specified on the Artwork's page in question. If an order is not listed as " ready to ship " within the time frame specified on your Artwork's page, Arto Galleria reserves the right to treat it as unfulfilled.
Arto Galleria reserves the right to charge you for any costs associated with customer return or cancellation requests if you do not meet all of these requirements.
You are responsible for including the Arto Galleria invoice in your package, as well as for affixing the shipping label of the delivering carrier and the "Fragile" stickers, all of which will be sent to you by express mail directly to your workshop/residence.
4.3. Selling Customized Artworks
On Arto Galleria, it is possible for a Customer browsing your artist profile to request custom artworks (“ Customized Artwork ” or “ Custom Artwork ”). When such a request is made, the Customer will be prompted to provide certain details, notably: a description of the Artwork, the budget, the dimensions, and the preferred delivery time, as mentionned in the Customized Artwork Policy. You will be able to discuss these details concerning Custom Artworks via the tools that Arto Galleria provides for you. If you come to an agreement with the Customer and accept the order, you must let us know. You must then tell us the price agreed upon and the percentage of the deposit necessary for the Custom Artwork order to be initiated. Once we get that information, we will send the Customer a notice stating that he must pay the deposit agreed upon. Please note that our Commission will be deducted from the deposit on payment.
When you will have completed your Artwork and will have had it approved by the Client, we will send the Customer a notice stating he must pay the balance of the amount agreed upon. Once the payment has been made, we will send you a notice urging you to ship the Customized Artwork, as mentionned in the Customized Artwork Policy.
5. ARTO GALLERIA’S RESPONSIBILITIES
5.1. Order Notification for Your Artworks
When an order is placed for one of your Artworks, we will send you a notification of the order at the email address you provided on your Artist Account. This email will contain all the necessary details you need to properly ship the Artwork to the Customer.
It is also possible to view pending and completed orders on the “ Sales ” page of your Arto Galleria Pro portal.
5.2. Customer Payments
This payment will be securely kept by Arto Galleria in a designated bank account that is kept apart from our own funds, until the transfer is made as per clause 5.3 of the present Terms. You do not have any claim to interests linked to Gross or Net Revenues that could be paid to us by our payment services provider.
5.3. Transfer of Net Revenue for Your Sold Artworks
For each sale made, we will transfer the Net Revenues to the bank account you have previously selected. The transfer will be made from the expiration date of the allowed return period see: Return Policy and according to the Payment Cycle, notwithstanding any administrative delays, as per clause 7.4 of the present Terms.
Arto Galleria has the right to retain any transfer of revenue if there is a dispute or a reasonable possibility of one between you and Arto Galleria or you and the Customer, and this, until the dispute is resolved.
6. RETURNS AND LITIGATION
6.1. Return Requests
By posting your Artworks on Arto Galleria, you accept to offer the Return Policy relative to the sales they generate. Arto Galleria receives, treats, and coordinates all return requests submitted by Customers. For any approved return request concerning an Artwork you sold on Arto, you will receive a notice by email. You will also receive an email confirming the date of the return of your Artwork with a tracking number and the name of the courier. The Return Policy only applies under certain terms when it comes to Custom Artworks.
6.2. Reimbursement of Shipping Cost for Artwork Returns
Arto Galleria will pay for the return via courier and reimburse shipping fees to your designated bank account according to the cycle of payment for all Artwork returns under the Return Policy. This reimbursement will be made up to the original shipping cost of the Artwork and upon proof of payment of shipping fees for the Artwork in question.
However, Arto Galleria reserves the right to investigate any return request. If we have any reason to believe that the reason for the return is a violation, on your part, of the Terms, Arto Galleria may charge you, in part or in full, for the initial delivery costs. To ensure that you act within the confines of the conditions, go to the Packaging and Shipping Policy and the Seller’s Tips and Best Practices Guide.
6.3. Damage Sustained During Shipment of Artworks
Arto Galleria will not assume any responsibility for damages caused to Artworks during shipment to the Buyer. It is your responsibility to ensure that your Artworks have been sufficiently well packed and are protected during shipping. It is also your responsibility to send the Artworks using a courier that minimizes damage risks as much as possible. Arto strongly recommends that you take any available delivery insurance when shipping your Artworks. If you refuse to insure your deliveries, you do so at your own risk.
6.4. Loss of an Artwork During Shipment
Arto Galleria will accept no responsibility for losses of Artworks during shipment of Artworks to the Buyer. If you do not send your Artworks through traceable methods of shipment (tracking number), you do so at your own risk. Arto Galleria reserves the right to grant the Customer a full refund following a failed shipment within the expected time of delivery.
7. FEES AND PAYMENTS
7.1 Registration Fees
It is completely FREE to register and post Artworks on Arto Galleria, nor are there any initial fees to create an account. However, we do charge a Commission on sales made through our Platform, as per the Commission Policy in effect.
7.2. Commission on the Sale of Artworks
For each Artwork sold on the Platform, we will deduct our Commission from the Gross Revenue, as per clause 7.3 of the present Terms.
When you sell an artwork to a customer who has initially contacted you on Arto Galleria, you must pay us a commission. Any attempt to finalize a sale or any other financial transaction initiated on the platform, by a non-platform method is strictly prohibited. Any violation of this condition can result in the cancellation of your seller account and any other legal recourse Arto Galleria may wish to pursue.
7.3. Revenues for Each Sale
For each sale made on the Arto Galleria Platform, a percentage of the Gross Revenue will be deducted as Commission, as defined in our Commission Policy, which is susceptible to change at any moment. In the event this Policy changes, Arto Galleria is committed to provide prior notice at least 14 days in advance and to publish the modifications on the Platform. For each sale made on the Platform, your Net Revenue equates to the Gross Revenue (price of the sold Artworks according to the Contract, minus any discount given by you or Arto Galleria as per clause 3.4) from which is deducted the total of the Commission, as defined in our Commission Policy.
7.4. Transfer of Revenues for Each Sale
To receive revenues from your sales, you must first select your preferred payment method (“ Payment method ”). The possible options to receive payment are: a) by check or b) by direct bank deposits via Stripe. No matter your choice of Payment method, it is your responsibility to keep your personal information up to date to ensure that the funds are transferred adequately. The options of Payment methods are subject to change at any moment. Arto Galleria is committed to provide a 14 days prior notice and to publish all modifications on the Platform.
Your Net Revenue is transferred, via the chosen Payment method, starting with the next admissible pay cycle, as per our Payment Cycle in effect. It is your responsibility to ensure that all your shipped orders are marked as such (“ Mark as shipped ”) on your “ Sales ” page. The Net Revenue will not be transferred until this requirement is met.
8. VOIDING OR CANCELLATION OF AN ACCOUNT
8.1. Voiding of an Account
Arto Galleria reserves the right to suspend, void or delete your Seller account and your access to the Services and/or the Platform as well as to terminate the present Terms, at its own discretion and without prior notice. When voiding an account, all rights and obligations are annulled, except the rights and obligations relating to the completion of orders placed before the closure of the account.
8.2. Cancellation of an Account
If you wish to cancel your account, you can do it on the site in “ Settings Pro ” section. You will receive a confirmation by email shortly after. You will no longer be able to access your account and your Artist profile will disappear from the Platform.
We recommend that you suspend your account than removing it. All your information and data would be then saved in the event of a future return to our platform.
9. SUPPLEMENTARY PROVISIONS
9.1. Use of the Website
Arto Galleria can, in no way, be held responsible, directly or indirectly, of any damage resulting from the use, the incapacity to use, the loss of data or loss of profit, even after a Contract, negligence or any other tortious action stemming from, or in relation to, the use or incapacity to use the Platform. We do not guarantee that this Platform or its Services are exempt of errors, viruses or other harmful agents.
9.2. User Data
Arto Galleria is a Platform that is to be used strictly for the purpose of selling Artworks. Arto Galleria’s Platform and its Services are provided “ as is ”, without any implicit or explicit guarantees.
You acknowledge that recommendations made by Arto Galleria under our available guides or instructions or communications (email or other) do not offer any guarantee or warranty.
Compensation: You hereby agree to defend, indemnify and/or hold harmless Arto Galleria (including its directors, shareholders and employees, if applicable) against any losses, penalties, fines, damages, expenses, debts or obligations of any kind resulting from any claims, demands, actions, suits, judgments, lawsuits, or the settlement thereof (including, but not limited to, attorney's fees), resulting from any breach, omission or non-execution, by you, of an undertaking or an obligation under these Terms and/or resulting from a Contract between you and a Client and/or your use (or misuse) of the Platform (including, without limitation, any negligence or willful misconduct).
Excepting all external elements referred to in the present Terms, the present Terms contain the entirety of the rules that unite the parties and replace all preceding arrangements and deals (written or oral), relative to these Terms.
These Terms should not be considered a partnership, a joint venture, a contract, or a business relationship between the parties.
The invalidity of one or another clause of these Terms does not affect the validity of the other clauses. If one of the clauses of these Terms is declared invalid or inapplicable, the Terms remain effective and must be interpreted as if the invalidated clause had not been entered therein.
Note: For your convenience, we have provided an English version of the original document. This translation is for informational purposes only, and the definitive and original version of this document is the French version.
Updated on: 10/01/2023