PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
TERMS OF WEBSITE USE
These terms of use (together with the documents referred to in it) set out the terms on which you may make use of our website ("site"), artrotator.com. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.
Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.
INFORMATION ABOUT US
Artrotator.com is a site operated by Wendy J. Woodcock. The office is situated at Samarkand, Rue de la Hougue, Castel, Guernsey, GY5 7EA.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update and change content on our site from time to time. Please note that the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ELIGIBILITY
The site is intended solely for persons who are 18 or older. Any access to or use the site by anyone under 18 is expressly prohibited. By accessing the site, you represent and warrant that you are 18 or older.
ARTWORK ON OUR SITE
We aim to provide an effective platform for collectors or exchangers to list artwork for sale ("Seller") or buy such goods ("Buyer") or to exchange artwork ("Exchanger") - we make our introducer services available through our site. However, we are not acting as agents, auctioneers, or appraisers for any party. We aim to provide a favourable experienceas an introduction service for Sellers, Buyers and Exchangers of pre-owned artwork.
SALES TERMS AND CONDITIONS
On artwork for sale in the online gallery, an option may be displayed next to the artwork that says, "Offers Welcome" that allows Buyers to submit an offer to the current owner, via Art Rotator.
EXCHANGE TERMS AND CONDITIONS
On artwork for exchange, an option may be displayed next to the artwork that says, "Offers To Buy are Welcome" that allows Buyers to submit an offer to buy to the current owner, via Art Rotator.
SELLERS
If you are a Seller offering artworks, you shall:
• Email a description of the goods offered and set a price. Sellers are solely responsible for the description, condition, authenticity, and quality of the goods offered;
• Represent and warrant that you are free to sell the goods offered and that the sale to any Buyer will be free of any charges or encumbrances.
The sale price will be displayed on artworks unless the Seller has asked for a confidential listing.
If someone makes an inquiry or offer on artwork through Art Rotator, you will be contacted by Art Rotator via email with the inquiry. If you do not wish to accept the offer presented to you, you're welcome to decline it. Should you decide to accept the offer, Art Rotator will forward your acceptance or decline to the inquirer.
• Shipping and Handling: You are responsible for packaging, labelling, and coordinating pickup or drop-off with a courier unless otherwise arranged.
• Certificate of Authenticity: Seller is required to enclose any certificate of authenticity or other agreed documentation with the artwork unless otherwise arranged.
If a Seller is listing five or more items for sale, a quantity discount will be negotiated.
BUYERS
PURCHASING ARTWORKS
If you are a Buyer, you acknowledge that:
• Images of artworks on the site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the artworks. The artworks may vary slightly from those images.
• It is your responsibility to determine the value, condition and authenticity of the artwork.
• Your contract to purchase an artwork is with the Seller of that artwork and not with Art Rotator. You and the Seller will be responsible for the obligations of the contract, and we exclude all liability arising from the purchase contract.
• It is your responsibility to ensure that you check that the Artwork is in the expected condition at the point of collection/receipt and not to take it/sign for it if you consider it to be damaged or misrepresented.
Upon acceptance of the Buyer's offer to purchase artwork, we shall separately confirm the agreement to the Seller and notify the Buyer submitting that the offer was successful.
We shall email both the successful Buyer and Seller and shall provide each with the name and email address of the other; Buyer and Seller are after that solely responsible for arranging for the transmission of payment of the purchase price and prompt shipment of the goods after receipt of cleared funds.
Any dispute concerning any artwork sale shall be resolved between the Buyer and Seller, without the participation of Art Rotator. The Seller is solely responsible for collecting payment from the Buyer. Art Rotator does not guarantee and is not responsible in any way for the performance of Buyers or Sellers participating in the sale or exchange of artwork on the site.
On the Art Rotator Online Galleries, you may see an option next to the artwork that says, "Offers Welcome". Proceed through the steps to confirm your offer. Once you have made your offer, Art Rotator will contact you to facilitate this process. If your offer is accepted, we will contact you by email.
• The offer form does not require registration or payment information. It merely collects your offer amount, personal message, and contact information (name, email). The name of the prospective Buyer will not be disclosed to the Seller until the sale is agreed.
• In addition to the agreed price, some additional costs such as shipping, customs/duties, and taxes, will be required, but agreed between the Buyer and Seller, and outside of Art Rotator.
• Once you have confirmed you would like to proceed, you will need to provide your PayPal payment information before we process your invoice for our introducer fee.
• If the owner of the artwork declines your offer, you agree that Art Rotator may contact you to let you know by email and will offer to help find similar works that may be of interest.
If buying five or more items, a quantity discount will be negotiated.
CONTENT ON OUR SITE
Any content we upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).
You cannot provide content that you do not have the right to submit unless you have the owner's permission; this includes material covered by someone else's copyright or any other proprietary right.
If required by law, we havethe right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content submitted to us or any other user of our site.
We have the right to remove any posting made on our site if, in our opinion, if subsequently, the post does not comply with the content standards posted on the site.
RIGHTS YOU LICENSE
When we upload or post content or submit material to our site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence. We will use this reproduce, modify, distribute and display images of your artworks in connection with the service provided by the site and across different media, and for marketing and promotion of the site and Art Rotator. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
OUR FEES
Using the site is free for Buyers, and a small listing fee will be charged for Exchangers.
For Buyers and Sellers, you will both pay to us an introducer'scommission based on the agreed sale price of the artwork. This fee is 2.5% for both Buyers and Sellers.
PAYMENT FOR INTRODUCER FEES
Accepted Payment Policy
Art Rotator wants to ensure that Buyers, Seller and Exchangers have a safe, appropriate, and convenient payment option via PayPal for our introducer fees.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our site for your personal use, and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
COPYRIGHT POLICY
Art Rotator respects the intellectual property rights of others and expects its site users to do the same. It is Art Rotator's policy, in appropriate circumstances,and at its discretion, reportusers who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner, or are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site by completing the applicable copyright forms. Upon receipt of the notice, Art Rotator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the site.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Guernsey law.
We assume no responsibility for the information displayed on this site by our users, and we make no guarantee, warranty or representation as to its accuracy. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use our site; or
• use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any site linked to it.
We assume no responsibility for the content of sites linked on our site. Such links should not be interpreted as endorsement by us of those linked sites. We will not be liable for any loss or damage that may arise from your use of them.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site on any site that is not owned by you.
We reserve the right to withdraw linking permission without notice.
THIRD-PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter, and its formation, are governed by Guernsey law.
If you are a business, these terms of use, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by Guernsey law.
CONTACT US
To contact us, please email info@ArtRotator.com
Thank you for visiting our site.
Art Rotator Terms and Conditions (Guernsey). Version 1, 9 July 2020.