TERMS & CONDITIONS OF USE
Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Artworks, you agree to be bound by these Terms and the other documents expressly referred to in it. The placing of an order on the platform is the acceptance of our terms and conditions. We amend these Terms from time to time as set out in clause 7 in Part A below. Every time you wish to order Artworks, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 31st March 2021. These Terms, and any Contract between us, are only in the English language.
- INFORMATION ABOUT US
1.1 Contemporary Art Fairs is a trading name of Colourfull Arts Ltd and is incorporated in England and Wales with our registered office at 25C Orgreave Cres, Sheffield, S13 9NQ, United Kingdom. Our principal activity is the provision of art fairs and an online art marketplace displaying authentic Artworks for sale.
If you have any questions, concerns or complaints, you can email Contemporary Art Fairs at [email protected], use our website ‘Contact us’ page or write to Contemporary Art Fairs at 25C Orgreave Cres, Sheffield
S13 9NQ, United Kingdom.
- THE ARTWORKS
2.1 The images of the Artworks on our Platform are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Artworks. Your Artwork may vary slightly from those images and the depiction of Artworks with accessories, e.g. frames may be used for illustrative purposes only. You are advised to check that the Artwork you would like to purchase includes such accessories, before placing the order.
2.2 All Artworks shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Artwork you have ordered is not available and we will not process that order.
- USE OF OUR SITE
3.1 Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance with our Privacy Policy.
- IF YOU ARE A CONSUMER
This clause 5 applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Artworks from our Platform if you are at least 18 years old.
5.2 We rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5.3 As a consumer, you have legal rights in relation to Artworks that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Platform to purchase Artworks.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
- OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.
7.2 Every time you order Artworks from our Platform, the Terms in force at that time will apply to the Contract.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause 8 only applies if you are a business customer.
8.1 Nothing in these Terms limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective Artworks under the Consumer Protection Act 1987.
8.2 Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Artworks. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Artworks are suitable for your purposes.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause 9 only applies if you are a consumer.
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
9.2 We only supply the Artworks for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective Artworks under the Consumer Protection Act 1987.
- EVENTS OUTSIDE CONTROL
10.1 We or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 10.2.
10.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Artworks to you, a new delivery date will be arranged with you after the Event Outside Control is over.
- COMMUNICATIONS BETWEEN US
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
11.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: [email protected]. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
11.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Platform, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and any Artist with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Artworks through our Platform and any dispute or claim arising out of or in connection with it will be governed by English law. You and we and the Artist agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
12.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We, you and the Artist agree to the exclusive jurisdiction of the courts of England and Wales.
12.8 Please contact us at [email protected] directly for all queries, complaints and issues that relate to the Seller ’s orders, unless described otherwise in these Terms.
13. OUR ROLE
13.1 When you purchase Artworks from an Seller via the Platform, a Contract is concluded between you and that Seller via the Platform as specified in Clause 15.4. We are not a party to that Contract, but each Seller authorises us as its commercial agent to promote the Seller Product(s), to conclude the sale of its Product(s) under the terms of each Contract and to accept payment on that Seller behalf, in accordance with these Terms via the Platform. In this limited capacity, we are neither the consumer nor the Seller of the Product(s) that the Artist offers for sale. We are not your agent for any purpose. The Seller , and not us, is responsible for performing the obligations under the terms of any Contract between you and the Seller . Each Seller is the Seller of record for all sales by that Seller to you via the Platform, but you pay us via the Platform for any Artwork(s) that you purchase. Your obligation to pay for any Artwork(s) is satisfied when you properly pay us for the Artwork(s) via the Platform. Because we conclude the sale on behalf of the Seller and your payment to us satisfies your obligation to pay for the Seller(s) you purchase from the Seller, our name will appear on your payment card statement (which may also display the Sellers name). The Seller will dispatch or arrange for the dispatch of the Seller(s) you have purchased after receiving our notification of your order. You may only pay for Seller(s) via the Platform and the Seller must not invoice you outside the Platform. Any refunds may only be initiated to you via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Seller(s) purchased via the Platform. We do not charge you any fee for the Platform (other than the Service Fee referred to in Clause 17.6). We charge Sellers for acting on their behalf in the limited capacity described above.
13.2 Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller We are not a fiduciary or trustee of the Seller.
13.3 We have no responsibility to you in relation to your order from an Seller or any Seller Artworks, except as expressly set out in Parts A and C of these Terms.
14. PRICES, DELIVERY CHARGES AND SERVICE FEE
14.1 The prices of the Artworks will be as quoted on our Platform from time to time. We take all reasonable care to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 22.5 in this Part C for what happens in this event.
14.2 Price changes will not affect any order already confirmed.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, the VAT you pay will be adjusted, unless you have already paid for the Artworks in full before the change in VAT takes effect.
14.4 The price of a Product does not include Delivery Charges. Delivery charges are as quoted on our Platform from time to time. To check relevant Delivery Charges, please refer to the Delivery Charges section in our FAQs page.
14.5 Our Platform contains a large number of Artworks. It is always possible that, despite our reasonable efforts, some of the Artworks on our Platform may be incorrectly priced. If we discover an error in the price of the Artworks you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order with the Seller until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, the Seller do not have to provide the Artworks to you at the incorrect (lower) price.
14.6 All Artworks shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Seller is unable to fulfil your order.
14.7 We may charge you a Service Fee for any order placed by you on the Platform, plus any applicable VAT. The amount of the Service Fee will be displayed to you before you place your order. By placing your order, you agree to pay to us the Service Fee charged for that order. The Service Fee is not refundable unless the order to which it relates is cancelled before the Product(s) is delivered.
15. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE ARTIST/ARTIST
15.1 For questions regarding placing an order on our Platform, please see our FAQs section.
15.2 The order process allows you to check and amend any errors before submitting your order to Seller. Please take the time to read and check your order at each page of the order process.
15.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order on behalf of the Seller. However, please note that this does not mean that your order has been accepted by the Seller or by us. The Seller’s acceptance of your order will take place as described in clause 22.4 in this Part A.
15.4 We will on behalf of the Seller confirm the Seller’s acceptance to you by sending you an e-mail that confirms that the Artworks have been dispatched (Order Confirmation). The Contract between the Seller and you will only be formed when we send you the Order Confirmation.
15.5 If the Seller is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Platform as referred to in clause 14.1 or 14.5, you will be informed of this by e-mail and your order will not be processed.
15.6 You may discuss the scope, requirements, timeline and Price for an order for custom or bespoke Product(s) using the tool we provide on the Platform for that purpose. Once you have agreed the specification with the Seller, the Seller will notify us and an invoice will be issued for the amount of any agreed deposit to be paid to the Seller (less our Commission) for commencing work, and we will debit your payment card for the amount of that deposit. Once the Seller completes the work and dispatches the Product(s), an invoice will be issued for the balance of the Price and an Order Confirmation will be sent to you. We will then debit your payment card for the balance of the Price.
16. DELIVERY
16.1 Your order will be fulfilled by the Seller as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Artworks have been shipped. If the Seller is unable to fulfil delivery because of an Event Outside Control, we will contact you.
16.2 Delivery will be completed when the Artworks are delivered to the address you gave when making the order.
16.3 The Artworks will be your responsibility from the completion of delivery.
16.4 You own the Artworks once you have made the payment in full, including all applicable Delivery Charges.
16.5 Please note that where you purchase Artworks from an Seller and Artworks from us in the same order the Artist is responsible for delivery of the Artworks it has sold and we are responsible for the delivery of the Artworks we have sold. Therefore, delivery will be made separately and will not necessarily arrive at the same time. Note you may also be charged separate shipping costs.
17. INTERNATIONAL DELIVERY
17.1 International shipping destinations are set by the Seller. We do our best to encourage Sellers to ship worldwide, but in some cases, Sellers will only ship to a limited set of countries.
If you wish to have a Product delivered to a country that an Seller currently does not ship to, please contact the Seller or [email protected]. (International Delivery Destinations). However, there are restrictions on some Artworks for certain International Delivery Destinations, so please review the information on that page carefully before ordering Artworks.
17.2 If you order Artworks from our Platform for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that neither we nor the Seller have no control over these charges and cannot predict their amount.
17.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
17.4 You must comply with all applicable laws and regulations of the country for which the Artworks are destined. We or the Seller will not be liable or responsible if you break any such law.
18. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If you are a consumer, you have a legal right to cancel your Contract with the Seller under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract with the Seller and receive a refund.
18.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made Artworks
18.3 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between you and the Seller is formed. If the Artworks have already been delivered to you, you have a period of 7 (seven) days in which you may cancel, starting from the day you receive the Artworks.
18.4 To cancel a Contract, you must contact us by sending an e-mail to [email protected]. You may wish to keep a copy of your cancellation notification for your own records. A member of the Contemporary Art Fairs Customer Platforms team will then contact you regarding how to return the Artworks.
18.5 If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay. You will receive a full refund of the price you paid for the Artworks and any applicable Delivery Charges you paid.
18.6 If the Artworks were delivered to you: a) you must return the Artworks to the Artist as soon as reasonably practicable; b) you have a legal obligation to keep the Artworks in your possession and to take reasonable care of the Artworks while they are in your possession.
18.7 Details of your legal right to cancel and an explanation of how to exercise it are provided in our Returns section.
18.8 As a consumer, you will always have legal rights in relation to Artworks that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9.
19. HOW TO PAY
19.1 We are authorised by the Seller to accept your payment of the Price payable for your orders in accordance with our role as commercial agent for the Seller as described in Clause 20 above.
19.2 You can only pay for Artworks using the payment method(s) displayed as available to pay for the relevant Artworks when you checkout.
19.3 Your chosen payment method will only be debited for payment for the amounts payable in relation to the Artworks and all applicable Delivery Charges and fees when we send you the Order Confirmation under Clause 14.4 (or in relation to the deposit and later for the balance due under Clause 14.6 in relation to any custom Product(s)).
20. THE VENDOR/ARTIST’S WARRANTY FOR THE ARTWORKS
20.1 The Seller provides a warranty that on delivery and for a period of [12] months from delivery, the Artworks shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 20.2 .
20.2 The warranty in clause 20.1 above does not apply to any defect in the Artworks arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Artworks in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.
20.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Artworks that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
21. LIABILITY IF YOU ARE A BUSINESS
This clause 28 only applies if you are a business customer.
21.1 Nothing in these Terms limit or exclude liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective Artworks under the Consumer Protection Act 1987.
21.2 Subject to clause 15.1 above, the Artist or we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
21.3 Except as expressly stated in these Terms, neither the Seller nor we give any representation, warranties or undertakings in relation to the Artworks. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, neither the Artist nor we will be responsible for ensuring that the Artworks are suitable for your purposes.
22. THE VENDOR/ARTIST’S LIABILITY IF YOU ARE A CONSUMER
This clause 29 only applies if you are a consumer.
22.1 If the Seller fail to comply with these Terms, the Seller are responsible for loss or damage you suffer that is a foreseeable result of the Sellers breach of these Terms or its negligence, but the Seller are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Seller at the time you entered into the Contract.
22.2 Artworks are only supplied for domestic and private use. You agree not to use the Artworks for any commercial, business or re-sale purposes, and neither the Seller nor we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22.3 Nothing in these Terms limits or excludes liability for: a) death or personal injury caused by the Sellers negligence; b) fraud or fraudulent misrepresentation; c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and e) defective Artworks under the Consumer Protection Act 1987.