Art Dealers ZH Terms of Service

Last Updated Date: February 5, 2019

Art Dealers ZH provides a service for viewing, selling and purchasing original works of art and commercially exploiting digital images of works of art (the "Service", collectively the "Services") through our website, accessible at www.artdealerszh.com (the "Site") together with any services, software, tools, features or functionality made available by Art Dealers ZH (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.artdealerszh.com/privacy-policy/ (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Art Dealers ZH.

Certain areas of your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Modifications to these Terms

Art Dealers ZH reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

We encourage you to check back regularly to review these Terms.

Privacy

See Art Dealers ZH’s Privacy Policy at www.artdealerszh.com/privacy-policy/ for information and notices concerning Art Dealers ZH’s collection and use of your personal information.

Purchaser Terms and Conditions

Purchases of Original Works of Art

You may purchase Original Works of Art that are listed by our artists on the webshop. When you purchase such an Original Work of Art through the webshop, you are purchasing the work from Art Dealers ZH and not from the artist identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Art Dealers ZH and/or its third party service providers will collect your billing and shipping information and process your payment. The artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Art Dealers ZH’s then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Purchases of Printed Works

You may purchase Printed Works that are listed by our artists on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Art Dealers ZH and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of Art Dealers ZH's then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.

Order Cancellations

Art Dealers ZH reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the web-shop if Art Dealers ZH determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Art Dealers ZH cancels an order placed via the web-shop, Art Dealers ZH will send you an email confirmation of such cancellation and you will not be charged for your order. 

Terms for both Sellers and Purchasers

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of Original Works of Art and/or Printed Works, you acknowledge that Art Dealers ZH will withhold the Taxes required to be withheld from the payments Art Dealers ZH makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid.

Commissions will be paid as follows:

·         For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.

·         For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Works of Art and Printed Works.

If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Art Dealers ZH will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.


Color

You understand and agree that Art Dealers ZH uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Art Dealers ZH is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the web-shop ("Feedback"). You may submit Feedback by emailing us at office@artdealerszh.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Art Dealers ZH and you hereby irrevocably assign to Art Dealers ZH and agree to irrevocably assign to Art Dealers ZH all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Art Dealers ZH's request and expense, you will execute documents and take such further acts as Art Dealers ZH may reasonably request to assist Art Dealers ZH to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Art Dealers ZH Content

Art Dealers ZH may also make available through the web-shop text, graphics, audio, video and images of works of art (collectively, "Art Dealers ZH"), some of which is owned by Art Dealers ZH ("Art Dealers ZH "), and some of which is made available under license by a third party ("Art Dealers ZH-licensed Content"). Art Dealers ZH authorizes you to download, view and print Art Dealers ZH-owned Content" solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Art Dealers ZH -licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Art Dealers ZH-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Art Dealers ZH or its licensors, except for the licenses and rights expressly granted in these Terms.

Contacting Art Dealers ZH

If you have any questions about these Terms, please contact Art Dealers ZH at office@artdealerszh.com
If you have a complaint, you may contact us at Art Dealers ZH’s office:

Art Dealers ZH
Hauptstr. 62
8307 Effretikon
office@artdealerszh.com