Terms of Service
TERMS AND CONDITIONS FOR ARTAFRICA.NET
DEFINITIONS. In this document the following words shall have the following meanings:
- “Collector / Customer” means the organization or person who buys an Artwork/Art Print from the artafrica or an Artist through artafrica;
- “Goods” means the articles (Artwork / Art Print) to be supplied to the Collector / Customer by the Seller (Artafrica / ArtArfica Artist);
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
- “Listed Price” means the list of prices of the Goods (Artwork / Art Print) maintained by the Seller as amended from time to time on artafrica.net ;
- “Seller / Platform” means approved artafrica artists or artafrica as an ecommerce platform.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Collector / Customer to the exclusion of all other terms and conditions referred to, offered or relied on by the Collector / Customer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Collector / Customer, unless the Collector / Customer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
PRICE AND PAYMENT
- The price shall be that in the Seller’s current Listed Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Shipping cost shall be communicated to paid for by the Collector / Customer after the purchase is made and when the item is delivered respectively, unless indicated otherwise on product /service descriptions.
- Payment of the price and VAT and any other applicable costs shall be at checkout via an opted payment process from the options provided by the Platform.
- Any description given or applied to the Goods is given by way of identification only and the use of such description shall not necessarily constitute a sale by description. For the avoidance of doubt, the Collector / Customer hereby affirms that it does not in any way rely on any description as the sole reason of purchase.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Collector / Customer on the date specified by the Seller or the platform. The Collector / Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- The date of delivery specified by the Seller/Platform is an estimate only.
- If the Seller is unable to deliver the Goods for reasons beyond its control or caused by the Collector / Customer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Collector / Customer shall be liable for any expense associated with such storage.
- The Collector / Customer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Collector / Customer must notify the Seller per the terms stated in the return policy.
- Risk in the Goods shall pass to the Collector / Customer at the moment the Goods are dispatched from the Seller`s premises. Where the Collector / Customer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
- Title in the Goods shall not pass to the Collector / Customer until the Seller has payment successfully processed by the Platform.
LIMITATION OF LIABILITY
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the art marketplace by artafrica.net remains with you. Neither artafrica.net nor any other party involved in creating, producing, or delivering the art marketplace services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the art marketplace services, or from any communications, interactions or meetings with other Members or users of the art marketplace services or other persons with whom you communicate or interact as a result of your use of the art marketplace services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not artafrica has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller/artafrica, and the Collector / Customer shall do all that is reasonably necessary to ensure that such rights vest in the Seller/artafrica by the execution of appropriate instruments or the making of agreements with third parties.
- The Seller/artafrica shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
- Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
- The contract between the Collector / Customer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Collector / Customer, without the prior written consent of the Seller.
- The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance with the law of Ghana and the parties hereby submit to the exclusive jurisdiction of the Ghanaian courts.