Terms & Conditions
www.canvas-club.com is a marketplace owned and published by ART VESTA CONSULTING LTD, a company duly incorporated and existing under the laws of The Republic of Cyprus with registration number HE 384909, with head office located at 53, Ptolemaion street, office 102, Neroupos Business Centre 3041 Limassol, Cyprus (“ArtVesta” or “we” or “us” or “our”).
ArtVesta provides a service that enables you (“you” or “your” or “Buyer”) to view and purchase original works of art and photographs (“Artwork”), by selected Artists (the “Artists”) (collectively, the “Services”), which are published on our website, (accessible at www.canvas-club.com), or any other website, platform or network, that exists now or shall be developed by us in the future, that can be used to host the Artist’s Artworks, plus the corresponding social media channels aligned with and linked to the Online Platform (collectively and severally the “Site” or the “Website”). The Site is and shall be accessible free of charge to any Buyer and it is without obligation to purchase.
ArtVesta in its capacity as host acts as a simple intermediary and, unless the Site explicitly mentions otherwise, is in no case a reseller nor the vendor of the Artwork published on the Site. The Artworks are shipped and delivered to Buyers by the Artists, under their sole responsibility, unless the Services explicitly mention otherwise. Only the Artist, whose name is indicated on the description of each Artwork, is the contractual party to the Buyer for the purchase of those Artworks, via the Services, unless the Services explicitly mention otherwise. The Buyer may return Artwork only in the event it is delivered in damaged form or is not the Artwork ordered by the Buyer. Artwork must be returned to the Vendor of the Artwork, namely the Artist or ArtVesta as the case may be. Only the Vendor of the returned Artwork shall be obliged to accept its delivery. ArtVesta is under no obligation to exchange returned Artwork whether or not it is the vendor of the returned Artwork.
ArtVesta cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service. If you are an Artist or a Buyer who has signed up to receive notifications from us, you will receive a notice whenever we amend or update any of the rules, policies or procedures relating to the Services.
“You” means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that legal entity. If you do not meet these requirements or do not agree to these terms, you may not use the Services.
ArtVesta reserves the right, at any time, to refuse access to the Buyer, temporarily or permanently, at the Site and to any user who does not comply with these Terms.
Modifications to these Terms
ArtVesta reserves the right, at its sole discretion, to modify, discontinue or terminate, temporarily or permanently the Services (or any part thereof), or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms. ArtVesta shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of Artworks and modification of prices.
Modifications to the Services
We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Artwork (including prices and descriptions), Artists’ profiles, Blog posts (including external content from third parties), ArtVesta Content and any information contained on the Website (the “Website Content”) any Artwork, ArtVesta Content or Artist Content from the Services at any time without notice to you.
This Site may contain typographical errors, inaccuracies or omissions and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable national, EU or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
The information on the Website does not constitute a binding offer to sell Artwork described on the Site. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event an Artwork is listed bearing an incorrect or misleading description or at an incorrect asking price, in either case as solely determined by ArtVesta at any time, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.
The Services and Website Content are provided “as is” and in good faith, without representation or warranty of any kind, either express or implied. Without limiting the foregoing, ArtVesta explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. ArtVesta makes no warranty that the Site, Services, Website Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from ArtVesta or through the Site or Services, will create any warranty not expressly made herein. No action should be taken or purchase made based upon any of the information contained in the Services. You should seek independent advice from a professional and/or a person who is knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Services.
Without limiting any of the foregoing disclaimers, under no circumstances shall Art Vesta have any liability to a Buyer for any liability for loss or damage of any kind incurred as a result of the Buyer’s use of the Site the Services or reliance on any information provided on the Site. The Buyer’s use of the Site and reliance on any information thereon is solely at the Buyer’s risk.
You understand and agree that ArtVesta uses commercially reasonable efforts to display the colours of Artwork accurately via the Services. However, because individual computer monitors may display colours differently, ArtVesta is not responsible for the colour accuracy of any of the Artwork displayed on the Services, and disclaims all liability in this regard.
Buyer Terms and Conditions
Purchases of Original Artworks
As a Buyer, you may purchase Artwork through the Services. In such event you will be purchasing Artwork produced by the Artist listed for the Artwork selected for your purchase. Your purchase will be made from the Artist as the Vendor of the selected Artwork and not from ArtVesta, unless the Services explicitly mention ArtVesta as the Vendor thereof. Prices for Artworks will be as specified on the applicable listing. The prices include shipping charges (unless specifically indicated on the Site). You acknowledge that prices do not include applicable Taxes including VAT, if any, for which you are responsible and which will be separately identified on your receipt. ArtVesta and/or its third-party service providers will collect your billing and shipping information and process your payment. Your shipping information will be forwarded to the Artist identified on the listing of the Artwork, who will ship the purchased Artwork directly to you.
Receipt of the order by the Artist
Once the purchase of an Artwork has been completed, the Artist is informed by ArtVesta. The Artist has 14 days after receipt of the information to ship the Artwork(s).
In the absence of a response from the Artist within the time limit, the order will be cancelled automatically. The contract concluded between the Buyer and the Vendor for the Artwork will also be automatically cancelled, each party being released from its obligations. In particular, the Buyer is assured that his/her payment will not be debited, or that he/she will be reimbursed if it has already been made.
When the shipping is confirmed by the Artist, the Buyer then receives a tracking number provided by ArtVesta.
Receipt of order by the Buyer
The Artwork will be considered to have been received as soon as it is indicated as delivered by the carrier’s tracking service. In the event that no tracking information is available by the carrier, and that no information has been received from the Buyer or from customs, the product will be considered to have been received in a period of 30 days from the date of debit from his bank account. If the Artwork is not received within the 30-day period mentioned the Buyer must report, by emailing ArtVesta at firstname.lastname@example.org of any claim the Artwork has not been received by the Buyer.
When the Buyer has confirmed that he/she has not received the parcel, and that the Artist is unable to produce a proof of delivery, or the tracking status provided by the carrier has not shown any change for more than 60 days, the package will be considered lost, and the Buyer will be refunded.
Upon receipt of the Artwork(s), the Buyer agrees to check the package before accepting it and notify the carrier of any problem, damage or reservation regarding the condition of the package immediately.
Certificate of Authenticity
The Buyer will receive a certificate of authenticity that will accompany the purchased Artwork by the Artist.
Right of cancellation
If upon examination of the delivered Artwork the Buyer finds that the Artwork does not conform to the ordered product or the Artwork is damaged or broken, the Buyer undertakes to serve a written notice of compliant by email on ArtVesta at email@example.com within 14 days from the receipt of the subject Artwork. In the case of damaged or broken Artwork the Buyers complaint notice must be accompanied by: (i) the carriers written report concerning the condition of the package or container in which the Artwork was delivered, and (ii) photographic evidence of the damaged/broken Artwork and, if applicable, the damaged/open delivery package.
Upon its receipt ArtVesta will notify the Artist via email of the Buyer’s complaint notice. ArtVesta will manage the return of the Artwork and will bear the cost of returns. Please note that if customs duties were paid by the Buyer upon receipt, they will not be refunded. If the Buyer returns the work him/herself, before waiting for ArtVesta’s instructions regarding the management of the return, he/she will not be able to claim reimbursement of delivery costs. The Buyer will therefore, have full responsibility of the shipment costs and any potential damage to the Artwork upon its arrival.
The refunds of ArtVesta to the Buyer are made upon good reception of the Artwork and/or once the Artist has notified ArtVesta of the good reception of the Artwork.
The Artwork(s) must be returned by the Buyer in the same condition as delivered to the Buyer and in its original packaging (or equivalent).
In the event of a complaint from a Buyer regarding an Artwork, once the Artist is informed of the said claim by email from ArtVesta, the Artist will be personally responsible of the resolution of the dispute with the Buyer, unless the Artwork is owned by ArtVesta, in which occasion ArtVesta will be responsible of the resolution of the dispute with the Buyer.
Depending on the case, the declared dispute will result either in the return of the Artwork(s) and the reimbursement of the Buyer by ArtVesta or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork(s) by the Buyer, ArtVesta will be responsible for arranging for the return of the Artwork(s) and for incurring all the costs to be borne by it.
In this case the price of the Artwork(s) purchased and paid by the Buyer when placing his/ her order will be reimbursed by ArtVesta upon good reception of the Artwork and/or once the Artist has notified ArtVesta of the receipt of the Artwork(s). Aside from reimbursement of the price paid for the returned Artwork, ArtVesta is not responsible for any other cost, expense or liability incurred by the Buyer or which may be levied against the Buyer in respect of the Artwork including (without limitation) custom duties, import duties and taxes of any description.
ArtVesta reserves the right to cancel any order for an Artwork placed via the Services if ArtVesta determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If ArtVesta cancels an order placed via the Services, ArtVesta will send you an email confirmation of such cancellation and you will not be charged for your order.
All prices, fees and other amounts referred to in these Terms, including any prices and fees set forth on the Services, are stated in Euros (€) and do not include value added (“VAT”), if any, or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).
If you are a Buyer of Artwork, you acknowledge that Taxes including VAT, if any, will be added to the amounts charged, when required or when allowed to do so. You will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT, if any.
The Artwork(s) sold remain the property of the Artist, or ArtVesta respectively, until full payment of their price.
You agree to defend, indemnify, and hold ArtVesta, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Website Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Website Content remains with you. Neither ArtVesta nor any other party involved in creating, producing, or delivering the Services and Website Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services and Website Content, or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ArtVesta has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Within the meaning of these general conditions, will be considered a case of force majeure opposable to the Buyer any hindrance, limitation or disturbance of the service due to fire, epidemic, pandemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the client, computer hacking, a security breach attributable to the Site host or developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of ArtVesta. In such circumstances, ArtVesta will be excused from the performance of its obligations within the limits of this impediment, this limitation or this inconvenience.
ArtVesta may also make available through the Services text, graphics, audio, video and images of Artworks (collectively, “ArtVesta Content”), some of which is owned by ArtVesta (“ArtVesta-owned Content”), and some of which is made available under license by a third party (“ArtVesta-licensed Content”). ArtVesta authorizes you to view ArtVesta-owned Content solely for your personal use in visiting the Services. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ArtVesta or its licensors, except for the licenses and rights expressly granted in these Terms.
ADDITIONAL TERMS AND CONDITIONS
RESOLUTION OF DISPUTES
Governing Law and Jurisdiction
These Terms will be governed by the laws of the Republic of Cyprus, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a court located in Limassol in the Republic of Cyprus.
Users from Other Jurisdictions
The Services are controlled and operated by ArtVesta from the Republic of Cyprus. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to EU and UK export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any EU or UK embargoes or other state rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
These Terms constitute the entire and exclusive understanding and agreement between ArtVesta and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between ArtVesta and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without ArtVesta’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ArtVesta may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given by posting to the Services.
The failure of ArtVesta to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ArtVesta. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.