1. INTRODUCTION
Artemisia Fine Arts & Antiques Limited (“Artemisia”; “we”; “our” or “us”) is a specialist vendor of {fine arts and antiques} and is the owner and operator of the physical art gallery Artemisia Fine Arts & Antiques which is situated at ‘Ridge View’, Triq is-Sagra Familja, Bidnija, Mosta MST 5012, Malta .
Furthermore, Artemisia also provides and operates an online marketplace, accessible through its website <www.artemisialtd.com>(the “Site”), (i) for exhibiting, selling and purchasing an eclectic range of fine artworks and antiques and (ii) for commercially exploiting digital images and other reproductions of such artworks and antiques (the “Artemisia Marketplace” or the “Marketplace”). As a digital gallery, the scope and purpose of the Artemisia Marketplace is twofold:
- to sell artworks and antiques, as owned by Artemisia (not held on consignment), directly to interested customers, whether acting in a personal capacity or in their professional sphere; and
- to connect skilled artists, owners and dealers alike with interested customers, and to broker and facilitate transactions between them in respect of the artworks and antiques which the they have entrusted to Artemisia on a consignment basis.
These Terms of Service (alternatively, referred to as the “Terms”) govern the following:
- our provision of the Artemisia Marketplace;
- your access and use of the Artemisia Marketplace; and
- your access, use and our provision of any and all services that we offer or otherwise make available to you through the Artemisia Marketplace, as briefly described above (the “Services”).
Note that these Terms are only directed to the end-users of the Marketplace (whether registered users or otherwise, i.e. including browsers). Separate terms and contractual arrangements apply to those persons or entities that have consigned their artworks or antiques to us for the purpose of being exhibited and offered for sale on our Marketplace.
For identity purposes, Artemisia Fine Arts & Antiques Limited, trading under the name Artemisia Fine Arts & Antiques LTD is a limited liability company established and registered in Malta. Our company registration number is C 71943 and our registered office is at ‘Ridge View’, Triq is-Sagra Familja, Bidnija, Mosta MST 5012, Malta.Our registered VAT number is MT2336-6423.
2. ACCEPTING THESE TERMS
Please read these Terms carefully!
These Terms are a legally binding contractbetween you and Artemisia. They set out your various rights and responsibilities when using and registering an account on the Artemisia Marketplace, and effectively govern any use which you may make of the Services and/or provision by us.
Wherever used in these Terms, “you”, “your” or “user”, or similar term or expression, means a person (legal or natural) or any other entity accessing or using the Marketplace or Services in any capacity other than as a seller, or representative of a seller, of an item that has been consigned to us. As an indicative explanation, a person who has consigned an item to us will fall within the scope of the above terms or expressions (and hence these Terms of Services) when accessing or using the Marketplace or Services for any purpose not related to the sale of that consigned item.
Furthermore, as used in these Terms of Service, the expressions or terms “Artemisia Marketplace” or “Marketplace” refer to and include the following:
- our e-commerce website (<artemisialtd.com>),
- the digital gallery and online store that you access and connect to through our website; and
- all of their respective features and functionalities.
By accessing or using (i) the Artemisia Marketplace (even if only browsing), or the (ii) Services in any manner or (iii) the content which we may make available through the Services, you are “Accepting” and “Agreeing” to be legally bound with immediate effect by the Terms. As mentioned, these Terms will then constitute a legally binding contract between you and us.
If you do not unconditionally accept and agree to these Terms in their entirety, you shall not (and shall have no right) to access or use the Artemisia Marketplace, its content or the Services.
Thus, should you not wish to be bound by the Terms, you must leave the Artemisia Marketplace immediately and not make any use of the Services or its content.
The most recent version of the Terms is stored on the Site and is available to be viewed by anyone. Earlier versions of the Terms which are not more than two years old are available upon request.
3. THE OTHER DOCUMENTS INCORPORATED IN THE TERMS
The Artemisia Marketplace connects people from around the globe, covering artists, dealers, art connoisseurs, owners and collectors, as well as persons with merely a casual interest, to both exhibit, sell and purchase original works of art and antiques. Below is a guide to help you understand the specific terms and rules within these Terms of Service that are relevant to you (the end-user):
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Terms for Non-Consigned Art. Our specific terms of sale for when buying directly from Artemisia (as proprietor), i.e. not on a consignment basis. You can read them here <insert link>.
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Terms for Consigned Art. Our specific terms for when buying an item which has been made available to us, to both exhibit and list on the Marketplace, on a consignment basis. You can read these particular terms here <insert link>.
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Terms of Use, which sets out our rules for using the Site (<artemisialtd.com>). You can read these particular terms here <https://artemisialtd.com/terms-of-use>.
Each set of terms (Consigned Art, Non-Consigned Art and our website terms) areincorporated within these Terms of Service! Thus, for avoidance of doubt, your access or use of the Artemisia Marketplace or Services, in any manner whatsoever, will equally mean that you “Accept” and “Agree” to our Terms for Non-Consigned Art, Terms for Consigned Artand specific Terms of Use with regards to Site (as linked above).
You hereby warrant and confirm that you have read and reviewed all of the above-mentioned documents in their entirety!
In addition, we also have in place the following additional documents:
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Our privacy policy. This sets out and describes our practices as to what personal information we collect and process about you, and how we use it. Please read this policy here <https://artemisialtd.com/privacy-policy>.
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Our IP address and cookie policy. This set outs and describes our practices as to how we collect and use information generated from your ‘cookies’ and Internet Protocol (IP) Please read this policy here <https://artemisialtd.com/cookie-policy>.
A few practices described in these policies may require your express consent to be carried out (though not generally the case). Kindly read and review the above policies carefully!
4. GENERAL AND REGISTRATION
Artemisia offers the full scope of the Services to registered users only.
Generally, (non-registered) users are able to browse and view pages, item listings, descriptions and write-ups, reviews and articles, and most of the other content found on the Artemisia Marketplace, without requiring prior registration. Registration, though, is required for all other features and functionalities (specifically, the placement of orders, payments and purchases).Set out below are our basic, fundamental rules in order to be able to create and register an account on the Marketplace:
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Natural persons must be of full age, that is, eighteen (18) years old or higher, depending on the person’s domicile, residence or jurisdiction. No-one shall have a right to registration or membership with regards to the Artemisia Marketplace.
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The registration of a legal person may only be undertaken by a natural person who is duly authorised to represent that legal person. The natural person must be named. In cases where an association of persons can only be effectively represented by more than one person, the natural person who acts on behalf of that legal person in relation to the Artemisia Marketplace must be respectively authorised to do so.
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Registered users are required to keep their account information accurate and up-to-date, to update such information accordingly when relevant changes occur. Do not use false information or impersonate another person or entity through your account.
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At the time of registration, the person or entity must select a username and password. The password must be kept secret and be of a sufficient degree of complexity. You may not select a username which is already in use by someone else. Moreover, the selection of a username which is offensive, vulgar or which infringes someone’s intellectual property rights, as determined by Artemisia at its own discretion, shall amount to a breach of these Terms.
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You are responsible for your account.You are solely responsible to ensure that your chosen password remains, at all times, fully confidential. We will not be liable for any disclosures of your password that you may make to third parties, or for any inadequate or insecure password that you may select, or for any consequences that may arise from the same.
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Accounts are not transferable and may only be used by the account-holder personally. Creation of a new account following termination by Artemisia is not permitted.
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Registrationis not an automatic right. Artemisia reserves the right at any time to refuse registration, suspend an account or delete such account at any time and without notice.
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Artemisiahas the right to disableany username or password at any time if, in its reasonable opinion, you have failed to comply with any of the Terms deemed applicable to you.
- If you know or suspect that anyone other than yourself knows your password, then you must promptly notify us at info@artemisialtd.com.
5. CONTENT
Whenever you make use of a feature or functionality of the Services that allows you to post or upload content onto the Artemisia Marketplace (including feedback), you must additionally comply with the content standards that are set out in our Acceptable Use Policy <https://artemisialtd.com/terms-of-use>.
Without limitation, the term ‘content’ here covers anything you may create, post or upload onto our Marketplace or otherwise by using the Services (such as usernames, profile information and images, reviews, comments, feedback, testimonials and so on).
You warrant that any such content contribution will at all times comply with our content standards, and you will be both liable to us and indemnify us for any breach on your part of that warranty. This means that you will be responsible and indemnify us for any loss or damage that we suffer as a result of your breach of this above-mentioned content warranty.
While you retain all of your ownership rights in any content which you may from time to time create, post or upload onto the Marketplace (“Your Content”), note that this is also subject to the following:
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Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent and warrant that you have (i) all the necessary rights to Your Content and, failing this, all the required authorisations, permissions and consents, to post and upload such content onto the Artemisia Marketplace, and (ii) the rights or authorisation to grant Artemisia the rights of use over Your Content that are described further below. You also represent and warrant that such acts in relation to Your Content (as below) will not infringe any third party rights.
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Rights you grant to Artemisia. By posting or uploading Your Content, you grant Artemisia a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and perpetual licence to Your Content to use, display, adapt, edit, modify, reproduce and store said content, and to communicate to the public the results thereof, as well as to prepare and exploit derivative works based on Your Content, in order to (i) provide the Services or (ii) promote Artemisia, the Marketplace, the works of art and antiques listed on the Artemisia Marketplace or available in Artemisia’s physical gallery, or the Services in general, in any formats and through any channels, including across any of the services belonging to Artemisia or third-party website or advertising medium or platform.
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Waiver of Moral Rights. You also hereby agree to irrevocably waive any and all moral rights, or any other broadly equivalent rights, which you may be entitled to in any jurisdiction in the world in relation to Your Content. By way of an indicative example, this and the previous paragraph signify that if you post or upload an image on the Artemisia Marketplace, we can re-size, edit and/or modify this image in whatever manner we deem best to suit the needs of the Marketplace, the Services or those of our other end-users, at our own discretion, and you have also agreed to waive your rights to object to this. We will only edit and modify Your Content if we believe that it is in our reasonable business interests to do so.
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Reporting Unauthorised Content. Artemisia greatly respects intellectual property rights, and is committed to following the appropriate legal procedures to remove infringing content from the Artemisia Marketplace. If content that you own or have rights to has been posed on the Artemisia Marketplace without your permission, please contact us at info@artemisialtd.com
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Infringing Content. If Your Content infringes another person’s rights or intellectual property rights, we will remove it if we receive proper notice. We will notify you if this happens. We also have the right to disclose your identity to the third party who is claiming that the posting or use of Your Content constitutes a violation of his or her rights or intellectual property rights.
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Acceptable Use Policy. We have the right to remove Your Content (or any part thereof) if, in our opinion, Your Content does not comply with the content standards set out in our Acceptable Use Policy <https://artemisialtd.com/terms-of-use>.By way of example, this prohibits the posting of content which is abusive, threatening, defamatory, obscene, vulgar or false, misleading or deceptive.
You are solely responsible for securing and backing up Your Content!
6. USER-GENERATED CONTENT IS NOT APPROVED BY US
As indicated, the Marketplace may include content which has been posted and uploaded by other users. This has not been vetted, verified or approved by Artemisia, and we make no representations in that respect. If you wish to complain or believe there to be any issues with any such content, please contact us on info@artemisialtd.com. We will promptly investigate the matter, and take-down any content which we deem to be improper, in accordance with our Acceptable Use policy.
Further, the views expressed by other users do not in any way represent our own views and values.
Please however be advised that the Artemisia Marketplace may contain a number of articles which have been specifically commissioned and vetted by Artemisia (“Commissioned Articles”). All Commissioned Articles are clearly and prominently indicated as such.
7. COPYRIGHT INFRINGEMENT: NOTICE AND TAKE DOWN PROCEDURES
If you believe that your work has been copied and reproduced on the Artemisia Marketplace (or the Site) in a manner that constitutes copyright infringement, please get in touch and provide us with the following, written information or documents:
- The authorisation given to you to act on behalf of the owner of the copyright interest (where the latter is not handling the matter directly with us);
- a description of the copyrighted work which you claim has been infringed;
- a description of where the material or content that you claim is infringing the copyrighted work is located on the Artemisia Marketplace (or the Site);
- your address, telephone number, and e-mail address;
- a statement by you that, in good faith, you believe that the disputed use is not authorised by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the owner’s behalf.
Once complied, the above should then be notified to us in writing to info@artemisialtd.comor delivered to ‘Ridge View’, Triq is-Sagra Familja, Bidnija, Mosta MST 5012, Malta.
8. RESTRICTIONS AND PROHIBITIONS
Access to the Marketplace, and availability of the Services, will be immediately withdrawn and terminated if you fail to comply with any of the below rules.
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Do not use the Services for illicit purposes or in an illegal manner. You agree that you will not violate any applicable laws in connection with your use of the Services. You will not engage in fraud, anti-competitive conduct, or any other unlawful acts or crimes over the Artemisia Marketplace, or against Artemisia, other users, sellers exhibiting their items or any third party.
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Pay your fees. You are responsible for paying all fees that you may owe to Artemisia. In the case of defaults, we reserve all rights to charge the applicable interest due at law on that overdue amount. Fraudulent payments will be immediately reported.
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Do not misappropriate any content or materials found on the Artemisia Marketplace (even of other users or third parties), or attempt to do so. You also agree not to (i) “crawl”, “scrape” or “spider” any page of the Marketplace, (ii) harvest or collect information relating to our sellers and users, registered or non-registered, or (iii) reverse engineer or attempt to obtain the source code of the Services.
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Do not try to harm our systems. You agree not to misuse, interfere with or try to disrupt the Services, by for example knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Artemisia Marketplace, the server on which it is stored or hosted or any server, computer, device or database connected to the Artemisia Marketplace. You must not attack the Artemisia Marketplace or any other site or mobile application connected to them) via a denial-of-service attack or a distributed denial-of service attack.
We will report any of the above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
Follow our Trade Mark Policy. The names “Artemisia” and “Artemisia Fine Arts & Antiques” and other Artemisia marks, phrases, logos and designs that we use in connection with the Artemisia Marketplace or Services (the “Artemisia Marks”) are either registered European Union Trade Marks of Artemisia or proprietary to Artemisia. You may not use any of the Artemisia Marks without our express prior approval, unless they form part of the material that you are using as permitted under ‘How you may use the content or materials on the Marketplace’ (as set out below).
Share your ideas.We welcome all suggestions and ideas which you may have to improve your experience of the Artemisia Marketplace and the Services, and we actively encourage you to provide these to us. Any unsolicited ideas or materials you submit to Artemisia are considered non-confidential and non-proprietary to you (excluding Your Content). You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
9. HOW YOU MAY USE THE CONTENT OR MATERIAL ON THE ARTEMISIA MARKETPLACE
We are also the owner or the licensee of all intellectual property rights in the Artemisia Marketplace, as well as the content or materials published on them, including any logos or any content relating to listings (such as text, images, descriptions), the HTM used to generate pages as well as in particular, all Commissioned Articles.
The Artemisia Marketplace, together with such materials and content, 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 the Artemisia Marketplace, and store these in any medium for your own personal, non-commercial use. Moreover, you may also draw the attention of others (including those within your organisation or firm) to the Artemisia Marketplace, and the content or materials published on it. You must not in any way modify these digital copies or extracts that we allow you to download.
The above constitutes the full extent of your ‘rights’. Apart from that, you may not, and are expressly prohibited from, at all times copying or reproducing (except as expressly stated otherwise), linking, transmitting, showing, displaying, communicating to the public, or preparing and/or creating derivative works of, the Artemisia Marketplace and/or any of the materials and content found on the Marketplace (including all Commissioned Articles), without our prior explicit written permission. If we do grant such permission, you must comply with and fulfil any and all conditions that we may issue.
Our status (and that of any identified contributors) as the authors of the content and materials found on the Artemisia Marketplace must always be acknowledged.
You must not use any part of the content and materials found on the Artemisia Marketplace, including all Commissioned Articles, for commercial purposes without obtaining a prior licence to do so from us or our licensors (as the case may be).
If you print off, copy or download any part of the Artemisia Marketplace (including any part of the content or materials found on it) in breach of these Terms, your right to use the Artemisia Marketplace will cease immediately and you must, at our option, return or destroy any copies of the content or materials that you have made.
10. WE MAY MAKE CHANGES TO THE ARTEMISIA MARKETPLACE
We may update and change the Artemisia Marketplace from time to time to reflect the needs of our users or that of our business partners or to adapt to our business priorities or any developments (or due to a combination of all of the above).
We will try to give you reasonable notice of any major changes.
11. WE MAY SUSPEND OR WITHDRAW THE ARTEMISIA MARKETPLACE
We do not guarantee that the Artemisia Marketplace will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of the Artemisia Marketplace for business and operational reasons.
We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Artemisia Marketplace through your internet connection or mobile device are aware of these Terms and other applicable terms, and that they comply with them.
12. TRANSMISSIONS AND COMMUNICATIONS OVER THE ARTEMISIA MARKETPLACE
Please be aware that internet transmissions and data transmissions are never completely private or secure and that any message or information which you send over or through the Artemisia Marketplace, may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Though we strive to ensure that such transmissions are private and secure, this cannot be guaranteed and we shall not be liable in any manner whatsoever for any third-party access or interception of your transmissions and communications.
13. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that the Artemisia Marketplace will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Artemisia Marketplace.
You should use your own virus protection software.
14. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Artemisia Marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or the information you may obtain from them.
We have no control over the contents of those sites or resources.
15. THIRD PARTY SERVICES
You may also need to use a third party’s product or service in order to use some of our Services (like, for instance, a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use.
Artemisia is not a party to those agreements; they are solely between you and the third party!
16. RULES ABOUT LINKING TO OR REFERENCING THE ARTEMISIA MARKETPLACE
You may link to or reference the Artemisia Marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take (or attempt to take) advantage of it, whether without due cause or otherwise. You must not, however, establish a link or reference the Artemisia Marketplace in such a way as to suggest any form of approval or endorsement by Artemisia, or an affiliation or association with Artemisia or even sponsorship by Artemisia, where none actually exists. You must not establish a link to the Artemisia Marketplace in any website that is not owned by you.
We reserve the right to withdraw linking permission (as defined and limited above) without notice.
If you wish to link to or make any use of the materials content on the Artemisia Marketplace, other than that set out above, please contact info@artemisialtd.com
17. INTERACTIONS
[Questions to Christina: Can buyers ever contact sellers, or always solely through you. I imagine that it is the latter case, but please confirm].
18. NO WARRANTY
You acknowledge that neither the Artemisia Marketplace, nor the Services, have been designed or developed to meet your particular, individual needs.
Thus, to the maximum permitted under applicable law, you accept that the Artemisia Marketplace and the Services are being made available to you “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind. We hereby disclaim all warranties and conditions with respect to the Artemisia Marketplace and the Services, whether express, implied or statutory, including, but not limited to, warranties relating to their performance, non-infringement, quality and merchantability or their fitness for a particular purpose or their non-infringement of third party rights.
You also acknowledge that we do not warrant:
- against interference with your enjoyment of the Artemisia Marketplace and the Services;
- that the functions contained in, or services provided, through the Artemisia Marketplace and the Services will meet your requirements or expectations, or achieve the intended results;
- that the operation of the Artemisia Marketplace and the Services will be uninterrupted or error-free or free of viruses;
- that the Artemisia Marketplace and Services will be compatible or work with any third-party software, applications or third-party services; or
- that faults in the Artemisia Marketplace and the Services will be corrected.
You also acknowledge and unconditionally accept the risk that the use of the Artemisia Marketplace may affect the usability of third party software or applications, and that the entire risk as to their quality and performance lies solely with you.
You use the Artemisia Marketplace and the Services solely at your own risk!
Some jurisdictions do not however allow exclusions of warranties that are prescribed at law, so the above exclusions may not apply to you.
No oral or written information or advice that may be furnished by us, or any of our authorised representatives, shall, under any circumstance, be construed as a departure, deviation, waiver or exclusion of the above disclaimers.
19. LIABILITY (SCOPE)
Please note that the matter, conditions and extent of our (potential) liability to you for orders and purchases are governed by the specific provisions set out in our:
- Terms for Consigned Art (namely, Clause []); or
- Terms for Non-Consigned Art (namely, Clause 8, Clause 13- 14 and Clause 17-18),
as applicable, depending on whether the claim relates to an item of Consigned Art or one of Non-Consigned Art. Thus, falling within their scope would include any default or failure on our part to comply with those terms, as applicable, or to fulfil an order or complete a purchase which you have made (such as failed delivery), or otherwise in the case of defective or non-conforming products.
Please read those terms and their respective provisions carefully!
Accordingly, the below provisions govern our (potential) liability to you in respect of all other aspects to our relationship (including your account, and access and use of the Marketplace).
19.1 Liability (Exclusions and Limitations)
With that in mind, our responsibility for loss or damages suffered by you is as follows:
- Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, or any other matter in respect of which it would be unlawful for us to exclude or restrict our liability.
Thus, in respect of this aforementioned exception, the statutory provisions alone shall apply.
- If you are a business user (acting for reasons related to your craft, business or profession)
- To the maximum extent permitted by applicable law, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss, including any loss of business, loss of goodwill or loss reputation, even where foreseeable, as arising under or in connection with any of the following:
- your access, or inability to access, the Artemisia Marketplace or the Services;
- your use of, or inability to use, the Artemisia Marketplace or the Services;
- the non-availability or interrupted use of the Artemisia Marketplace or the Services; and
- use of, or reliance on, any content or materials found on the Artemisia Marketplace.
- In particular, Artemisia 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;
- any indirect, exemplary, punitive, or consequential loss or damage; or
- any damages sustained to your computer equipment.
- If you are a consumer (acting for reasons not related to your craft, business or profession)
- Note that we only make the Artemisia Marketplace and the Services available to you for personal, non-commercial use (as both a “consumer” and “end-user”). You agree not to use either the Marketplace or the Services 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 are only responsible for foreseeable losses or damages caused to you that arise by reason of a failure on our part to fulfil an obligation constituting a fundamental element of these Terms. If we fail to fulfil a fundamental element of these Terms, we will be responsible for the losses or damages that you suffer which are a foreseeable result of that breach, including as relating to:
- your access, or inability to access, the Artemisia Marketplace or the Services;
- your use of, or inability to use, the Artemisia Marketplace or the Services;
- the non-availability or interrupted use of the Artemisia Marketplace or the Services; and
- use of, or reliance on, any content or materials found on the Artemisia Marketplace.
To the full extent permitted under applicable law, our (potential) liability to you shall be capped in accordance with the limitation of liability set out directly below under ‘(iv)’.
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Whether you are a consumer or a business. Without any prejudice to the above, and to the fulland maximum extent permitted by applicable, our total liability to you for any and all losses or damages arising under or in connection with our relationship with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to Artemisia Fine Arts & Antiques LTD.
For avoidance of doubt, this limitation capping shall apply if and to the extent that the exclusions of liability set out in the above paragraphs (as applicable in the circumstances) are held to be unenforceable under applicable law by a competent court or tribunal.
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Artemisia is not obligated to monitor the information transmitted or stored on the Marketplace or to search for possibly illegal content.
20. INDEMNITY
All users (registered or unregistered) of the Artemisia Marketplace and the Services agree to fully release Artemisia from any and all claims which third parties and/or other users might assert against Artemisia due to an infringement of their rights or a breach of duty or a breach of a contractual obligation, unless the user concerned is not responsible for the breach.
This means that you are bound to indemnify and defend Artemisia (including our officers, directors, employees, sub-contractors and agents) and hold Artemisia harmless from any legal claim or demand (including reasonable attorney’s fees) that arise from your actions or omissions, or from your use or misuse of the Artemisia Marketplace or the Services, your breach of the Terms, or any infringement that may be caused by your account of another person’s rights.
We reserve the right to handle the legal defence however we see or deem fit, even if you are indemnifying us, in which you agree to cooperate with so that we can execute our defence and strategy. Reasonable costs of a legal defence (in particular, attorney fees) which Artemisia has demonstrably incurred through your misconduct, must also be reimbursed in full.
23. NOTICE
You accept that any notice or other communication to be given by Artemisia in connection with these Terms shall be in writing and may be sent by electronic mail.
24. MISCELLANEOUS PROVISIONS
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Delegation. Artemisia is entitled, for the purpose of performing its obligations under these Terms, to delegate or otherwise avail itself of services rendered by third parties. Claims against Artemisia may not be assigned to third parties either in full or in part.
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Assignment of Rights and Obligations. Artemisia may transfer its rights and obligations under these Terms to any other trader, entity or organisation, by giving five (5) days’ notice in writing.
These Terms are however personal to you. You may only transfer your rights or obligations under if we agree to this in writing. No other person shall have any right to enforce these Terms.
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Data Protection. We shall collect and process your personal data in accordance with the practices and for the purposes set out in our Privacy Notice <https://artemisialtd.com/privacy-policy>.
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Severance. Each of the clauses and paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful and/or unenforceable, the remaining clauses and paragraphs will remain in full force and effect. Moreover, if any unlawful and/or unenforceable clause or paragraph would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause or paragraph will continue in effect.
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These Terms shall inure to our benefit, and that of our successors and assignees.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to deliver the item, we can still require you to make the payment at a later date.
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Entire Agreement. The Terms, including all of the documents incorporated by reference herein (including our terms for non-Consigned Art and terms for Consigned Art), make up our legal relationship with you, and supersede any other agreement between you and Artemisia regarding the Artemisia Marketplace, the Site or the Services, and supersede all prior agreements (even oral), notices, statements, promises or assurances.
- There may be some overlap between the provisions of these Terms of Service and the provisions of our other terms, as incorporated by reference herein (such as our terms for non-Consigned Art and our terms for Consigned Art). In the event of any material conflict or inconsistency, the provisions most specific to the matter or issue, as amended from time to time, shall prevail and be given priority. Subject to the foregoing, these Terms and the documents which it incorporates by reference are to be taken as mutually explanatory of one another and, in the case of ambiguities or discrepancies within or between such parts or provisions, the same shall be explained and interpreted, if possible, in a manner which gives effect to each part or provision or minimises conflicts amongst such parts or provisions.
25. CHANGES TO THE TERMS
We may update or revise these Terms from time to time, at our own discretion. If we believe that the changes are material, we will definitely let you know by doing one (or more) of the following:
- by posting these changes on the Artemisia Marketplace or the Site; or
- by sending you an email or message about the changes made.
In that way, you can decide whether you want to continue using the Artemisia Marketplace as well as the Services. Where you do not contact us and object to the changes made within one (1) week of either (i) us posting them on the Marketplace or Site or (ii) your receipt of our email or message informing you about the changes made, whichever is the earlier of the two, this will amount to your acceptance and consent to be bound by the updated or revised Terms in full.
You are responsible for reviewing and becoming familiar with any changes made to these Terms!
Contact Information:
If you have any questions about the Terms, please email us at info@artemisialtd.com.
