We welcome you to AfricanArtNow.com. Please read the following terms and conditions carefully before placing an order. You are advised to print and retain for your records.
A. Contract Description
B. Definitions
C. Your Authority to Agee with Terms and Conditions
D. Our contract with you
E. Password responsibility
F. Listing and Selling Art
G. Obligations
H. Purchasing Art through Africanartnow.com
I. Tax Responsibility
J. Returns and Refunds
K. Delivery of the Purchased Artwork
L. Damaged Artwork
M.Artist’s Copyrights
N. Accuracy
O. Changes to these Terms and Conditions
P. Limitations of Liability
Q. Force Majeure
R. Severability
S. Governing Law
T. Our Company Registration Details
A. Contract Description
This contract is a legal document. The services rendered by AfricanArtNow.com in its website are subject to the following Terms and Conditions. These terms and conditions apply every time you, access our website, shop, or otherwise participate in the Services on the Site.
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Definitions
In these terms and conditions, the following definitions apply:
B.1. Buyer means person who buys or agrees to buy an Artwork from a Seller through Africanartnow.com.
B.2. Seller means an artist who sells or agrees to sell his/her artworks to a Buyer through Africanartnow.com.
B.3. Website means www.Africanartnow.com
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C. Your Authority to Agree with Terms and Conditions
You represent, warrant, and covenant that:
C.1 You are at least (18) years old
C.2 You have the power and authority to enter this agreement
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D. Our Contract with you
Africanartnow.com is not a retailer. Although Africanartnow is commenly referred to as an online gallery, it is important to realize that Africanartnow.com is not a traditional "retailer". Instead Africanartnow.com acts as a venue for Sellers to list art and for Buyers to purchase such Art. Africanartnow.com is not involved in the actual transaction between Buyers and Sellers. As a result, Africanartnow.com has no control over the quality, safety or legality of the Art advertised, the truth or the accuracy of the listed Art. Africanartnow.com cannot ensure that a Buyer or Seller will actually complete a transaction. Consequently, Africanartnow.com does not transfer legal ownership of items fromt the Seller to the Buyer. You agree to deal with any Seller (the Artists) at your own risk.
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E. Password responsibility
You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password Africanartnow.com recommends that you change it immediately.
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F. Listing and Selling Art
F.1.You must be a Registered User in order to list and sell Art through Africanartnow.com. In order to list your Art for sale on the site, you agree to complete and submit to us an Art listing form to artist@africanartnow.com.
F.2. Art may be listed on the site for the entire time you are registered user. Africanartnow.com reserves the rigth to remove any art deemed inappropriate by Africanartnow.com. The Seller may change prices or remove Art from the Site at any time
F. 3. By listing Art on the site, the Seller agrees to sell the Art once a Buyer has completed the check-out process.
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G.Obligations
Upon the Buyer requesting the purchase of an artwork from Seller or the hiring of a service, Buyer is irreversibly bound by such request. The Buyer may not renounce such obligation, except in the case of article H below
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H. Purchasing Art through Africanartnow.com
H.1. An order will only be accepted by Africanartnow.com when: (A) Africanartnow.com has received confirmation from the Seller that the artwork ordered is available (B) the purchase price has been agreed by the Seller and by Buyer and (C) Payment of the purchase price specified on the Website Order Page for each artwork selected by Buyer, and any applicable delivery costs, or other expenses of any kind or nature, including but not limited to sales tax, custom duties, artist resale royalties, export or import charges (collectively “ Shipping and/or Other Expenses”, is paid in full by an acceptable credit card at the at the time of shipment
H.2.In case bank transfer is chosen a payment method, the order will not be considered complete until the transaction has been verified by our bank. To facilitate the transaction, we recommend that you send a bank transfer receipt by email to customer@africanartnow.com.
Remember that payments should be made in US$ and the Buyer will pay any currency exchange commission or bank commission if this method of payment is selected. For bank transfer payments made from countries other than Denmark, it is important that any commission / fees applied by the bank of origin are paid by the Buyer. If this is not the case, www.africanartnow.com will ask the Seller to delay dispatching the order until the entire amount is received.
H.3. Africanartnow.com shall confirm each order from the Buyer by email. The invoice will include the Name, P.O. Box, Email Address and phone number of Seller, The title and the general characteristics of the artworks, the entire amount of the order and the manner of payment shall be included in such confirmation.
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I. Tax Responsibility
Title to the Art does not pass to Africanartnow.com. The Seller (the Artist) is the retailer for Sales tax/VAT purposes. The Seller shall file all sales tax/VAT returns in accordance with applicable law, and each Seller shall indemnify Africanartnow.com against any tax, cost, or expense relating to the failure of such Seller to satisfy any tax liability related to the sale of such Seller's Art.
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J.Returns and Refunds
J.1.AfricanArtNow.com offers a seven-day money back guarantee on all artwork. In the event that the purchase does not meet Buyer's expectations, Buyer may return it within 7 days of receiving the order. Sellers shall accept the returned piece of Art and notify the Buyer and Africanartnow.com of its acceptance of the returned piece of Art.
J.2. Once Africanartnow.com receive notification of Seller's acceptance of the returned peice of Art, Africanartnow.com shall debit Seller for the Purchase Fees less any insurance, packing, freight and transport fees associated with Buyers purshase. Africanartnow.com shall reimburse Buyer for the same amount within 14 days of receiving the verification that the artwork has been returned in the same original condition to Seller.
J. 3. Reimbursement shall be made by issuing a credit card refund if payment to Africanartnow.com was made by credit cart or by bank transfer if payment was made by bank transfer.
J.4.Insurance, packing and shipping fees associated with the return of the returned piece of Art shall be the sole responsibility of the Buyer, and Africanartnow.com shall have no obligation to reimburse the Buyer for such amounts. That means that in case of return Buyer are liable to pay for the costs of shipping both ways - to Buyer and back to the Seller . Any artwork returned should be in saleable condition. Buyer are responsible for the cost of returning the artwork to Seller in its original condition and of insuring it during transit, except where the work is faulty or the wrong work has been dispatched.
After 7 business days after delivery of the artwork, all sales are final.
PLEASE NOTE: All sales of commissioned artworks are Final. Buyer’ credit card will be charged at the time an order is placed and no refunds or returns will be permitted or accepted.
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K. Delivery of the Purchased Artwork
K.1.Seller shall pack the piece(s) of Art, insure them for the full purchase price, and ship them to the address specified by Buyer within 5-7 working days. The piece(s) of Art should be packed so as to protect them during shipment. Africanartnow.com shall not participate in the packing and shipping process, and in no event shall Africanartnow.com be liable for any damages of any kind arising from the packing or shipment of any Art.
K.2.A 10 day grace period is allowed for Seller to ship the purchased artworks to Buyer; however, if at the end of the grace period the artwork has not been shipped the order will be cancelled and refunded to the Buyer. If an order cannot be delivered to the adress provided by the Buyer and the artwork is returned to the Seller the order will be treated as a return.
K. 3. It is important that the address give by Buyer is accurate as Africanartnow.com does not accept liability for any loss or damage to the artworks once they have been delivered in accordance with Buyer's delivery instructions.
K.4.The Buyer is responcible for the costs associated with all freight, shipping and other costs related to the transporting the Art from the Seller's location.
K.5.The Art shall be and remain the risk of Seller until it is shipped to the Buyer, and thereafter the risk shall shift to the Buyer.
K. 5.Buyer must refuse to take delivery of the artwork if damage is evident on arrival. Once delivered, Buyer will be the owner of the artwork and therefore responsible for any loss or damage. Buyer must inform Africanartnow.com within two working days if the artworks are lost or damaged in transit so that we can make a prompt claim against the delivery company and correct the problem. Buyer shall quote the order number in all correspondence.
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L. Damaged Artwork
Full refunds are made for artworks lost or damaged during transit. Please notify Africanartnow.com within 24 hours of the artwork arriving. All original packaging should be kept as it may be required to claim from the courier. If Buyer have any doubt about the condition of the goods Africanartnow.com advise that Buyer should add the word un-checked when signing the courier’s documentation. If, on unwrapping the artwork, damage is discovered, the Buyer must notify the Africanartnow.com within 24hours of receipt (or first thing Monday if a weekend delivery) of any damage to the artwork. The Buyer must send damaged artworks(s) back to the Seller using the Seller's approved courier and each artwork must be returned in the original packaging. Refunds due to damage will be subject to satisfying the Africanartnow.com's insurers that any claim is genuine.
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M.Artist’s Copyrights
The Seller (The Artist) reserves all rights protected under international copyrights in all artwork purchased by Buyer. The sale of a given artwork do not include any reproduction, replication, modification, or distribution of any art images, unless such right is expressly granted in writing by the individual artist.
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N. Accuracy
Africanartnow.com has made every possible effort to ensure that the artwork descriptions on this website give an accurate representation of the artworks. However, it is impossible to fully represent an artwork with a photograph. Please be aware that the colors and appearance of artwork may vary slightly from the way they appear on the screen. The artworks have been photographed at a high resolution but are displayed on the website at a lower level to enable acceptable download times.
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O.Changes to these Terms and Conditions
Africanartnow.com reserves the right to amend, removes, or add to the Terms and Conditions at any time. Such modifications shall be effective immediately. Accordingly users, Buyers or Sellers should continue to review the Terms and Conditions whenever accessing or using this website. Use of this website, or any service on this website, after the posting of modifications to the Terms and Conditions, will constitute your appetence of the Terms and Conditions, as modified. The Terms and Conditions of Africanartnow.com contract with Buyer will be based upon those Terms and Conditions current at the time Buyer place an order.
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P. Limitations of Liability
IN NO EVENT SHALL AFRICANARTNOW.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE ART (II) DEFECTS IN SUCH ART ON ANY THEORY OF LIABILITY OR (III) ANY RETURN OF ANY ART. IN ADDITION, IN NO EVENT SHALL AFRICANARTNOW.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF AFRICANARTNOW.COM OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF AFRICANARTNOW.COM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE AND THE SERVICES EXCEED, IN THE AGGREGATE, $100.00.
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Q. Force Majeure
Africanartnow.com will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any artwork by any reason or cause beyond the Africanartnow.com control.
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R. Severability
If any provision of the Terms and Conditions is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms and Conditions will remain in force.
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S.Governing Law
Africanartnow.com is a company registered in Denmark, and every sale shall be deemed to be performed in Denmark. The Terms and Conditions shall therefore be governed and construed on accordance with Danish Law (Dansk Lovgivning) without giving effect to conflicts-of-law principles thereof. Buyer agree to submit to the personal jurisdictions of Danish Law with respect to any legal proceedings arising out of Buyer’s access to this website or any transactions resulting from such use, including (without limitation) all contractual relationships are subject to the exclusive jurisdiction of Danish courts.
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T. Our Company Registration Details
AfricanArtNow is a company registered in Denmark.
Registered in Denmark CVR: 13450676
Our registered office is at Langerimsvej 80, 9560, Hadsund, Denmark
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