GENERAL TERMS AND CONDITIONS
ArtYourLife owns and manages the website www.clementinedefortongallery.com (the “Site”). It provides art collectors (buyers and sellers) information about artists, collectors, collections and the art market. It offers fine art and collectibles (hereafter the “work”) for sale. The scope of the services is generally limited to the purchase, sale and rent of artworks. The following terms and conditions (“Terms and Conditions”) govern your use of the Site. By accessing, inquiring, using, browsing, buying on the Site, you accept and agree to be bound by these Terms and Conditions.
ArtYourLife PTE LTD (further referred to as “ArtYourLife”, “us” or “we”) is a public limited company founded in Singapore, based, and registered in Singapore. ArtYourLife promotes fair and transparent trading of works (fine art, objects and collectibles, etc.).
ArtYourLife is an exhibition and an online platform to sell fine art and promote artists. Works are offered for sale and for rent on the Site. We confirm that we either own the artwork or are authorised to sell it on behalf of the owner.
ArtYourLife will use the information provided by its clients or which ArtYourLife otherwise obtains relating to its clients for the operation of the Site or as required by law. Some gathering of information about ArtYourLife clients will take place using technical means to identify their preferences and provide a higher quality of service to them. Clients agree that ArtYourLife may use any sensitive information that they supply to ArtYourLife. By agreeing to these Conditions of Business, clients agree and consent to the processing of their personal information. Clients can prevent the use of their personal information for marketing purposes at any time by notifying ArtYourLife.
We reserve the right to withdraw any work from the Site at any time and shall have no liability whatsoever for such withdrawal.
Prospective buyers may contact ArtYourLife to inspect the work to determine its condition and size before making offers to purchase it.
How to buy?
Buyers may contact us by email or phone to enquire about a work to buy or to rent.
No transaction is completed online.
The Contract is concluded at the time at which the written offer confirmation is sent.
Price, payment, settlement and delays
All prices communicated by ArtYourLife are net prices and are quoted either in EUR or in SGD, unless otherwise expressly agreed. Framing, Packaging, handling and shipping costs, taxes, GST, VAT and all other transport / customs fees, are not included in the price quoted on ArtYourLife and will be charged separately if organised by ArtYourLife.
The following payment methods are available to the Buyer: credit card and bank transfer. For credit card, ArtYourLife will charge an additional fee of 3 % percent on the net price.
In case of payment through bank transfer, the purchase price will be due no later than 5 days. This period begins with the receipt of our invoice. If the Buyer defaults on his payment, ArtYourLife is entitled to claim interest at the yearly rate of 5%. The right of ArtYourLife to seek compensation for a higher loss remains unaffected. If the Buyer defaults on his payment, ArtYourLife is entitled to withdraw from the Contract.
Unless exempted by law, the buyer will be required to pay any applicable sales, use, GST, VAT or any other taxes upon the purchase price.
Packaging and Shipping
As mentioned here above, the buyer shall be responsible for all packing and shipping costs for the purchased work. ArtYourLife will ensure that the work purchased is released for delivery to the buyer once full payment for the property is received.
At the request of the buyer, ArtYourLife is ready to assist the buyer in the organisation of the shipment. In that case, due to the diverse nature of the type of the work, and their dimension and weight, ArtYourLife can only provide a limited estimate of the shipping expenses. Besides, this service will be charged separately and ArtYourLife is entitled to receive administrative fees for this service.
It is the buyer’s sole responsibility to identify and obtain any necessary export, import, or other permits for the property.
Liability claims – Shipping (buyer)
The Buyer will become the owner of the work when full price has been paid and when the work is collected at ArtYourLife’s warehouse. At that time, the property of the work passes to the buyer and ArtYourLife ceases to be responsible.
It is the responsibility of the buyer to make the responsible logistics company liable for any damages. Therefore, it is strongly advised to take the appropriate insurance and provide a detailed description of the contents in a form.
If the buyer requests the assistance of ArtYourLife to organise shipment, insurance of the work or any kind of services, the property passes to the buyer at the time the shipment company collects the work, even if the shipment company has been mandated directly by ArtYourLife. The latter has no obligation to supervise the shipment company. ArtYourLife has no responsibility to organise the insurance of the work and the buyer is solely responsible to request that service.
Warranty, inspection and notification
It is assumed to be known that all works, especially works on paper and photographs, depending on the conditions of the environment, can see their appearance and colour change and fade. ArtYourLife gives no warranty for this immutable process of change.
In the unlikely event the Buyer makes a purchase through our secure checkout and receive an item that is significantly not as described, we want to make it right. Please email us within 5 days of receiving your item to let us know there is a problem, and we will work with you and the Seller to reach the best possible resolution, whether that be arranging for a return, a full refund, or a repair with a trusted restorer. In case of damage incurred during shipping, we will revert to the insurers.
The buyer must undertake the condition examination of the work upon receipt, and if there are defects, these have to be reported to ArtYourLife immediately and at the latest within 5 days from the receipt. Failing this, the work is deemed as accepted by the buyer.
Photographs, images, laminations and frames should not be completely or partially exposed to direct sunlight, be hung directly above heaters nor be exposed to the level of humidity which exceeds the levels of normal living spaces. Photographs, laminations and frames are therefore not suitable for outdoor spaces, cellars, bathrooms and kitchens. Lamination with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains, and therefore must be handled with gloves or comparable protection. The same applies to surfaces of sculptures. Changes in wood and other materials are subject to the law of nature and have to be calculated over lengthy periods. Cleaning of works requires special diligence.
Extent of ArtYourLife’s Liability
All statements by us on the Site or by any other means as to the authenticity, attribution, description, date, age, provenance, title or condition of the work constitute our judgement and opinion only and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion, which may take place subsequent to the sale.
While we will on request explain the condition of the work at the time of the sale and provide any information in our possession about condition for which the buyer may reasonably ask, we will not be responsible for any subsequent deterioration of the work, however, occasioned, after the sale.
Buyers are responsible for satisfying themselves as to any statements made by us as to the matters set out here.
Limitation of liability
ArtYourLife is also not liable for the consequences of independent events, such as war, natural disasters, boycotts, strikes, etc. or legal impossibility. In the event of force majeure, ArtYourLife has the right to withdraw from the agreement without compensation obligation, or to suspend it for a period of time appropriate to the situation.
Liability for online connections
ArtYourLife is committed to ensuring the security of the systems, programs, etc. that belong to it and which it can influence, and to follow the rules of data protection.
The buyer must ensure the security of the systems, programs and data that reside in its sphere of influence. Buyers should protect their passwords and usernames from access by third parties for the sake of their own interests.
ArtYourLife is not liable for damages and disruptions that are beyond the scope of its responsibility, especially not for safety deficiencies and operational failures of third party companies, which it works with or on which it is dependent.
Furthermore, ArtYourLife is not liable for force majeure events, improper actions and disregard for the risks by the Buyer or third parties, excessive use, unsuitable resources of the Buyer or a third party, extreme environmental influences, Buyer intervention or interference by third parties (viruses, worms, etc.) that happen despite necessary safety precautions.
Prohibited User Conduct
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not:
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) insert your own or a third party’s advertising, branding or other promotional content into any of the Sites’ content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without our permission;
(c) attempt to gain unauthorised access to other computer systems through the Sites;
(d) engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, users or other information from or through the Sites;
(e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means;
(f) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(g) use the Site in violation of ArtYourLife or any third party’s intellectual property or other proprietary or legal rights; or
(h) use the Site in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Sites or make unauthorised use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.
The contents of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (collectively “Materials”), are protected by copyright under the laws of Switzerland as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us.
We authorise you to view and download a single copy of the Materials solely for your personal, non-commercial use, or in the case of galleries, to display to your clients solely for purposes of facilitating a transaction with us.
All rights in and to the Material not expressly granted to you are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of ArtYourLife’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph.
Unauthorised use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.
The use of the Material or any portion thereof on any other sites, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without our express prior written permission is strictly prohibited.
With respect to any copy you make of the Materials within the scope of the limited license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Materials.
Some of the Materials may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. If you would like information about obtaining ArtYourLife’s permission to use the Material on your site, please email info@ArtYourLife.com
Governing Law and Jurisdiction
If for any reason legal actions arise between the user and ArtYourLife, these are subject to Singapore law without exception.