Last updated: 23. May, 2018

Artboost is an online meeting place where art lovers can meet artists and buy art pieces directly from them.

Artboost only facilitates the contact between the buyer and you, and as such is not a party to the contract between you.

Artboost is made available to you by Artboost ApS CVR-number 35414223, Founders House, Njalsgade 19D, 1st fl., 2300 Copenhagen S, Denmark.

What is Artboost Limited?

Artboost Limited is the type of crowdfunding that enables artists to produce a limited edition serie, high quality prints for a single artwork. The goal of each Artboost Limited is to reach a certain number of orders for a piece, so that the production/print run is guaranteed. If the limited does not reach the required number of orders, it will be canceled and the customers who ordered will not be charged. As an artist, if your limited edition receives the number of orders necessary to go to print, we will produce and distribute the work for you.
For more details about Artboost Limited, visit our help center. http://help.artboost.com/ 

Acceptance of terms

When using artboost by creating and using a vendor profile, the seller accepts these terms and conditions.

Using Artboost

Seller’s use of Artboost must comply with customary standards of good internet behavior. Among other things, this means that seller shall not make any condescending, offensive, or derisive statements about others or about the art shown on Artboost, just as seller shall not upload or refer to illegal material. Artboost alone decides whether a behavior is in conflict with standards of good behavior.

If your conduct is in conflict with standards of good internet behavior, Artboost reserves the right to edit or delete statements or references made by seller and, as a last resort, to close the seller’s profile.

At any given time, Artboost has the right to close the seller’s vendor profile, and Artboost is furthermore entitled to change the content of the artboost platform.

Privacy

When you create your profile on Artboost, some personal data will be part of your public profile. If you use your profile on Artboost, any public data be visible to other users on Artboost. As an example, this could be in connection with your commenting on a work of art on Artboost.

When you go through a sales-process on Artboost, personal information such as your email, and address will be shared with your customer. 

We allow users to share images from the website on e.g. social media and blogs, but we encourage everyone to link and refer to Artboost, and always always credit the artist. It’s not just polite, it’s an essential condition of the use of our site.

Selling artwork

It is absolutely free of charge to create a profile and exhibit artwork through an online gallery on Artboost. When you have a sale on Artboost, we automatically take a 15% commission during the transaction.

No reselling of other artists’ work are allowed on Artboost. 

When seller logs into his artist profile on Artboost, the seller is able to manage which artwork seller wants to sell and at what prices, etc.

Be aware that shipping and insurance prices must be included in the price of the artwork, unless otherwise is specified through the product creation or shop settings. 

You’re more than welcome to exhibit already sold artworks, but remember to mark them as sold, so customers does not buy in vain. 

We highly recommend you to insurance your package when shipping your artwork. You are obligated to refund the money or send a new art piece, in that unlikely situation that your customer receives a damaged artwork.

To receive payment, the seller must type in his bank informations through the profile-edit. In case our payment system, Stripe, does not allow your bank accounts from your country, you can choose to request a manual transfer through Paypal. In case seller asks for a manual transfer, Artboost is responsible for making this transfer, which will normally be initiated within 14 days of the buyers payment has been captured. 

During the purchasing process on Artboost, the buyer asks the seller to sell, rather than the normal procedure where the vendor invites the buyer to buy. This difference is significant and in practical terms means that the seller may refuse to sell, even if the buyer has completed the ordering process.

A purchase request can be canceled by the buyer if the buyer regrets the purchase, a prolonged processing time or likewise wish to cancel the order prior to sellers acceptance hereof.

Artboost has chosen this form of trading, partly because the transaction is directly between buyer and seller, outside the influence of Artboost, and partly because the seller usually sells unique works of art works that may have already been sold to other parties.

When a seller on Artboost accepts a buyer’s request to buy an artwork, the seller is obliged to deliver the artwork. The shipment of an artwork have to happen within 10 working days, otherwise Artboost will feel obligated to cancel the sale. 

Payment for artwork purchased via Artboost

When buyer requests to buy a work of art on Artboost, buyer must pay by credit card. The payment is captured through the third-party service Stripe and handled with full encryption.

Commission to Artboost

When you sell a piece of art on Artboost, we automatically take a 15% commission incl. VAT during the transaction. 

If the seller offers the buyer the possibility of return of the artwork, Artboost repays the received commission and issues a credit note to seller.

Payment transfer to seller

When seller accepts a sale, the total transaction amount will be withdrawn from the buyer’s credit card. If the artist does not respond to the purchase within 10 working days, we may feel obligated to cancel the sale, in order to avoid customers waiting uncertain. Though, a buyer can always try to purchase again. 

To receive payment, the seller must type in his bank informations through the profile-edit. In case our payment system, Stripe, does not allow your bank accounts from your country, you can choose to request a manual transfer through Paypal. In case seller asks for a manual transfer, Artboost is responsible for making this transfer, which will normally be initiated within 14 days of the buyers payment has been captured. 

Seller will receive payment within 8-10 working days, after a sale is being accepted if a bank account has been connected. 

Artboost’s commission is 15% of the amount of sale incl. VAT.

Seller is responsible for all additional payment fees charged by e.g. Paypal or Stripe in connection with the sale.

Shipping

When the seller accepts buyer’s request to sell, the seller is obligated to deliver the work of art. If the artist does not respond to the purchase within 10 working days, we may feel obligated to cancel the sale. Though, a buyer can always try to purchase again.

Shipment is done at the seller’s risk. This means that Artboost recommends that seller makes sure that the artwork is insured during shipment. In the unlikely situation, that your customer receives a damaged artwork, seller is obligated to make a refund to buyer. In such case, the buyer is obligated to inspect and document the damages and send all documentation to seller. 

Returns

In any case of returns unconnected to damaged art pieces or likewise unusual circumstances, buyer must contact seller through email or chat. In case seller choose to offer a right of return, seller must contact Artboost who will be responsible for the following transactions to take place: 

  1. Artboost’s commission is transferred from Artboost’s account to seller’s account.
  2. The purchase amount less initial shipping costs is transferred from seller’s account to buyer’s account.

Intellectual property rights

The artwork shown on Artboost is protected by copyright and may be protected by other rights such as trademarks or design rights.

You accept not to violate these rights, and that you have been made aware of these rights.

Seller agrees that images uploaded by seller to Artboost free of charge may be used on www.artboost.com as well as at the associated services – for instance in an artboost newsletter or on the platforms associated with Artboost, for promotion and marketing, physical exhibitions etc. In addition to this, the seller agrees to not violate any copyrights. 

Newsletter

When a seller creates a vendor profile at Artboost, the seller at the same time accepts receiving newsletters from Artboost.

The newsletter primarily contains news associated with Artboost services, new features, events, and relevant information such as updates, forgotten password- and order information related to your profile. Furthermore, these e-mails may contain advertising and offers from third parties. If sellers want to discontinue receiving the Artboost newsletter, they can unsubscribe to it at the bottom of the newsletter.

Disclaimer

Use of Artboost is at your own risk. The seller can make no claim against Artboost, whether as a result of a direct or indirect loss, and Artboost assumes no liability as far as this is possible with due statutory consideration.

The seller must be especially aware that seller cannot make Artboost liable in the following situations. This list is by no means exhaustive.

  • If buyer’s identity is false.
  • If seller experiences decreased sales as a result of downtime on the Artboost servers, or as a result of updating software or source code.
  • If Artboost is hacked and seller’s personal information is thus distributed.
  • If a sale through Artboost does not live up to seller’s expectations.
  • If a work of art is damaged or lost during return shipping.
  • If works of art are disseminated on Artboost, which seller believes to violate seller’s rights.

Changes in sales terms and conditions

These sales terms and conditions, as well as subscription benefits and limitations for all existing profiles, are subject to change without notice at the end of any calendar month.

When seller uses Artboost, seller accepts that this use is in accordance with the sales terms and conditions in force at any given time, which can always be found on Artboost.

In the event of changes to sales terms and conditions that are unacceptable to seller, seller is obligated to refrain from using Artboost from the date of change.

Before seller starts to use Artboost, it is always the responsibility of the seller to have up-to-date information about the sales terms and conditions at Artboost, in order to ensure that seller can accept these.

Material breach and remedy

It is considered a material breach of this agreement between seller and Artboost if seller gives Artboost incorrect information by:

  • Seller signing off that a work of art was shipped, if this is untrue.
  • Declaring to Artboost that seller has delivered the work of art to buyer, if this is untrue.
  • Declaring to Artboost that buyer has picked up the work of art from the seller, if this is untrue.

If seller breaches the sales agreement as mentioned above, seller incurs a penalty of USD 20,000 per breach. Payment of the penalty does not exempt seller from any liability.

Governing law and jurisdiction

Any dispute between seller and Artboost arising from seller’s use of Artboost shall be settled by Danish law at the court in Copenhagen.

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