Conditions of Sale
Artsuite is a platform for the exhibition and sale of artwork and other property. All buyers on the Site must be at least 18 years old and able to form binding contracts under applicable law. You are responsible for all charges incurred when making a purchase on the Site. In order to make a purchase, Artsuite may use services provided by third parties. We reserve the right to withdraw the Artwork from the Site at any time without any liability whatsoever for the withdrawal. Unless otherwise agreed in writing between you and us, we are not responsible to the buyer in any way with respect to the exhibition or sale of any Work on the Site.
Subject to fulfillment of all applicable terms and conditions of this Agreement, when the buyer makes a purchase on the Site, the buyer shall immediately pay the total amount due, comprised of the total purchase price of the Artwork and applicable taxes, service fees, and shipping costs. The buyer may pay by credit card, debit card, or other third party services available on the Site or, if arranged and agreed to by Artsuite, by wire transfer or ACH. Credit card and ACH purchases are limited to a total purchase price of $25,000.00. By making a credit card purchase, the buyer irrevocably waives any charge-back rights the buyer may otherwise have under the buyer’s cardholder agreement or otherwise. If a credit card or ACH payment is not approved, the buyer will remain personally liable for the total amount otherwise due. In call cases, payment will not be deemed made until we collect the total amount due in good cleared funds. Title to the Artwork will pass to the buyer when physical possession of the Artwork is transferred to the buyer. Any claims regarding purchases must be made directly to Artsuite. The buyer agrees that we may pay commissions to third parties who introduce us to clients or otherwise provide services in connection with the purchase.
If the buyer fails to comply with any applicable term of condition of this Agreement, the buyer will be in default, and we will be entitled in our absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to us at law): (i) to hold the buyer liable for the total amount due, and for interest, commissions on the sale at our regular rates, and any and all legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer; and/or (iii) to resell the Artwork publicly or privately as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages, and legal fees associated with both sales. By failing to make any payment, the buyer will be deemed to have granted and assigned to us a continuing first priority security interest in any money or other property of or owing to the buyer in our possession, and we shall be entitled to retail and apply such money or other property as collateral security for the buyer’s obligation to us.
The buyer is responsible for paying all sales, use, GST, VAT, or other taxes or charges imposed by law (e.g. a resale royalty) which may be imposed in connection with the sale of the Artwork that we are required to collect under applicable law and shall indemnify, defend, and hold harmless (including reasonable attorneys’ fees) Artsuite from costs associated with any failure to do so. We are required to collect sales tax for any Work purchased and delivered in North Caroline Carolina or the same State that Work is currently located in.
Shipping, packaging, and handling
We are not responsible for any act or omission of any packer, shipper, or common carrier in the packing or shipping of the Artwork.
Technically, we are insuring the packing and delivering of the work…but I think this should still be in there.
Disclaimer of Warranties
Except as provided on the Certificate of Authenticity that accompanies the Artwork, neither Artsuite nor any of our past, present or future direct and indirect members, partners, parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, beneficiaries and assigns make any representation of warranty or assume any liability whatsoever with respect to the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance of the Artwork, and no information regarding the Artwork provided on the Site, in a bill of sale or elsewhere will constitute any such warranty of assumption of liability. Artsuite is not responsible for any errors or omissions in any information on the Site, social media platforms or elsewhere regarding the Artwork. The Artwork is sold “As Is.” We do not warrant that the buyer will require any copyright or reproduction to the Artwork.
Limitation of Liability
Purchaser shall not be liable for any damages for lost profits, loss of revenue, or loss of use, arising out of or related to any dispute regarding any Artwork offered and/or sold on the Site, whether such damages arise in contract, negligence, under statute, in equity, at laow, or otherwise, even if Artsuite has been advised of the possibility of such damages.
Purchaser agrees to indemnify and hold Artsuite and any of our past, present or future direct and indirect members, partners, parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, beneficiaries and assigns, harmless from any claims, damages, demands or liabilities including attorneys’ fees and costs arising in any way from the purchase of the Artwork asserted by any third party, including but not limited to your breach of this Agreement, or your violation of any third party right. Artsuite reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive this Agreement.
Law and Jurisdiction
This Agreement shall be governed by and construed according to the laws of the State of North Carolina and the United States.
If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable.
No agency, partnership, join venture, or employment relationship is established as a result of this Agreement. This Agreement, in addition to other written agreements you may enter into with Artsuite, is the entire agreement and understanding between you and us regarding the purchase of any Artwork from the Site and supersedes all prior or contemporary communications whether digital, oral or written. If any term or condtion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to enforce or exercise any rights established by this Agreement will not constitute a waiveir of any such rights or any other rights under this Agreement. Section headings in this Agreement are included for convenience of reference only and will not limite the scope or effect of any Section.