ARTeam LLC Terms of Service
Last Updated Date: September 26, 2017
ARTeam LLC Inc. (“ARTeam LLC ,” “we” or “our”) provides a service for 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.woocommerce-172010-769073.cloudwaysapps.com (the “Site”). Please read carefully the following terms and conditions (“Terms”). These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and ARTeam LLC.
Certain areas of the Site and 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 Site 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 Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR 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.
ARTeam LLC reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or 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 Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site 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 Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to list a work on the Site or to make a purchase through the Site, (other than users who utilize the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ARTeam LLC reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify ARTeam LLC of any unauthorized use of your Account.
Purchaser Terms and Conditions
Purchases of Original Works of Art or Authorized Reproductions
As a Member, you may purchase Original Works of Art or Authorized Reproductions that are listed by other Members on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from ARTeam LLC and not from the Member 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. ARTeam LLC and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of ARTeam LLC’s then-current Return Policy apply to any Original Works of Art or Authorized Reproductions that you purchase through the Site and Services. When you purchase Original Works of Art or Authorized Reproductions via Online Sales (other than via the Site and 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
As a Member, you may purchase Printed Works that are listed by other Members on the Site. 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 Site and Services, ARTeam LLC and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of ARTeam LLC’s then-current Return Policy apply to any Printed Works that you purchase through the Site and Services. When you purchase Printed Works via Online Sales (other than via the Site and Services) 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.
All sales are final, no order cancellations or returns are allowed.
ARTeam LLC reserves the right to cancel any order for an Original Work of Art, Authorized Reproductions or Printed Work placed via the Site and Services if ARTeam LLC determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If ARTeam LLC cancels an order placed via the Site and Services, ARTeam LLC will send you an email confirmation of such cancellation and you will not be charged for your order.
Terms for both Sellers and Purchasers
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, 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 sale and licensing transactions contemplated hereunder (collectively, “Taxes”).
If you are a purchaser of Original Works, Authorized Reproduction and/or Printed Works, you acknowledge that ARTeam LLC 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.
You understand and agree that ARTeam LLC uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, ARTeam LLC is not responsible for the color accuracy of any Original Works of Art, Authorized Reproductions Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of ARTeam LLC and you hereby irrevocably assign to ARTeam LLC and agree to irrevocably assign to ARTeam LLC 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 ARTeam LLC’s request and expense, you will execute documents and take such further acts as ARTeam LLC may reasonably request to assist ARTeam LLC to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
ARTeam LLC Content
ARTeam LLC may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, “ARTeam LLC Content”), some of which is owned by ARTeam LLC (“ARTeam LLC-owned Content”), and some of which is made available under license by a third party (“ARTeam LLC-licensed Content”). ARTeam LLC authorizes you to download, view and print ARTeam LLC-owned Content” solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For ARTeam LLC 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 page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such ARTeam LLC Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ARTeam LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site, or any individual element within the Site, ARTeam LLC’s name, any ARTeam LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARTeam LLC’s express written consent;
• Access, tamper with, or use non-public areas of the Site, ARTeam LLC’s computer systems, or the technical delivery systems of ARTeam LLC’s providers;
• Attempt to probe, scan or test the vulnerability of any ARTeam LLC system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ARTeam LLC or any of ARTeam LLC’s providers or any other third party (including another user) to protect the Site, Services, ARTeam LLC Content or Member Content;
• Attempt to access or search the Site, Services, ARTeam LLC Content or Member Content or download ARTeam LLC Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ARTeam LLC or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a ARTeam LLC trademark, logo URL or product name without ARTeam LLC’s express written consent;
• Use the Site, Services, ARTeam LLC Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, ARTeam LLC Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, ARTeam LLC Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
ARTeam LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ARTeam LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ARTeam LLC has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ARTeam LLC reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, ARTeam LLC Content or any other text, graphics, images, software, music, audio, video, information or other content or material that ARTeam LLC, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
Sweepstakes and Contests
ARTeam LLC may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Services, as they may contain additional important information about ARTeam LLC’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
The Site, Services and ARTeam LLC Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ARTeam LLC and its licensors exclusively own all right, title and interest in and to the Site, Services and ARTeam LLC Content, Authorized Reproductions and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or ARTeam LLC Content.
ARTeam LLC respects copyright law and expects its users to do the same. It is ARTeam LLC’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site may contain links to third-party websites or resources. You acknowledge and agree that ARTeam LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ARTeam LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Termination and Account Cancellation
If you breach any of these Terms, ARTeam LLC will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. ARTeam LLC reserves the right to revoke your access to and use of the Site, Services, ARTeam LLC Content and Member Content at any time, with or without cause. In the event ARTeam LLC terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com.
THE SITE, SERVICES, ARTEAM LLC CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARTEAM LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARTEAM LLC MAKES NO WARRANTY THAT THE SITE, SERVICES, ARTEAM LLC CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARTEAM LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTEAM LLC OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ARTEAM LLC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES ARTEAM LLC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. ARTEAM LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold ARTeam LLC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, ARTeam LLC Content or Member Content, or your violation of these Terms.
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 Site, Services, ARTeam LLC Content and Member Content remains with you. Neither ARTeam LLC nor any other party involved in creating, producing, or delivering the Site, Services, ARTeam LLC Content or Member Content 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 Site, Services, ARTeam LLC Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ARTeam LLC 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.
In no event will ARTeam LLC’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, ARTeam LLC Content or Member Content exceed: (i) if you are a Member who has sold Original Works of Art or has licensed Digital Works and has received any Artist Revenue Share from ARTeam LLC from the sale of Printed Works, the total payments made or credited to you by ARTeam LLC for the sale of your Original Works of Art and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to ARTeam LLC for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ARTeam LLC and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of ARTeam LLC used herein are trademarks or registered trademarks of ARTeam LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Juan, Puerto Rico and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between ARTeam LLC and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between ARTeam LLC and you regarding the Site and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without ARTeam LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ARTeam LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by ARTeam LLC via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of ARTeam LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ARTeam LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting ARTeam LLC
If you have any questions about these Terms, please contact ARTeam LLC at firstname.lastname@example.org.
Online Auction Terms and Conditions
The following Terms and Conditions of Sale are the ARTeam, LLC (“ARTeam LLC”) and its agents’ and consignors’ entire agreement with the prospective bidders, bidders and Buyers relative to the lots listed in this catalog. The lots will be offered by the ARTeam, LLC as agent for the consignors, unless the catalog indicates otherwise.
- The ARTeam, LLC assumes no risk, liability or responsibility beyond the limited warranty contained herein.
(a) Except as set forth in paragraph 1(b) below, all lots are sold “AS IS.” There are no representations or warranties that extend beyond these Terms and Conditions of Sale. The ARTeam, LLC and its agents and consignors make no representations or warranties as to merchantability, fitness for a particular purpose, correctness of the catalog or descriptions of lots, including, but not limited to, the physical condition, size, quality, rarity, importance, medium, provenance, dates, exhibitions, literary or historical relevance of any lot and no statement anywhere, whether oral or written, whether made in the catalog, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability. There are no representations and warranties, express or implied, as to whether the Buyer acquires any copyrights, including, but not limited to, any reproduction rights in any lot. Contents of this catalog are subject to change or supplementation before or during the sale, including the sale of any artwork.
(b) The authenticity of the authorship attributed to the lots as described in this catalog is guaranteed only to the limited extent as stated in this paragraph 1(b).
(c) The authorship attributed to a lot includes name of the artist and any reservations therewith stated, as, for example, “attributed to,” “in the school of” or “appears to have been signed by.” The ARTeam, LLC makes no warranties whatsoever, express or implied, with respect to any material in the catalog other than the authorship attributed to the lots.
- All sales are final, absolutely no returns.
- Unless exempted by law, the Buyer will be required to pay all applicable state and local sales, gross receipts, and compensation tax. Proof of exemption in the form of a current Non-Taxable Transaction Certificate must be provided at registration. In the event of deliveries outside the state, it is the Purchaser’s responsibility to pay any applicable compensating use tax of another state on the total purchase price.
- The ARTeam, LLCreserves the right to withdraw any lot before or during the sale and shall have no liability whatsoever for such withdrawal.
- The ARTeam, LLC reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the Buyer, subject to reserves. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the auctioneer will have the final discretion to determine the successful bidder, cancel the sale, or reoffer and resell the lot in dispute. If any dispute arises after the sale, the ARTeam, LLC Auction’s sale record shall be final and conclusive. ARTeam, LLC Auction, in its discretion, may execute orders or absentee bids as a convenience to clients who are not present at the auction; however, the ARTeam, LLCis not responsible for any errors or omissions in connection therewith.
- If the auctioneer, in his or her discretion, determines that any bid is below the reserve of the lot, he or she may reject the same and withdraw the lot from sale, and if, having acknowledged an opening or other bid, the auctioneer decides that any advance thereafter is insufficient, he or she may reject the advance.
- On the fall of the auctioneer’s gavel, the highest bidder acknowledged by the auctioneer assumes full risk and responsibility for the offered lot, subject to all of the Terms and Conditions of Sale set forth herein, and is immediately obligated to pay the full purchase price. All sales are final and there shall be no exchanges or returns. Payment shall be made by Online payment alternatives only.
(a) If any applicable conditions herein are not complied with by the Buyer, the Buyer will be in default, and in addition to any and all other remedies available to the ARTeam, LLC and its agents and consignors by law, including, without limitation, the right to hold the Buyer liable for the total purchase price, together with all fees, charges and expenses set forth in these Terms and Conditions of Sale, the ARTeam Auction, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting Buyer, or (ii) resell the purchased lot or lots, whether at auction or by private sale, or (iii) effect any combination thereof. The Buyer will be liable for any deficiency, any and all costs, handling charges, late charges, expenses and commissions of both sales, legal fees and expenses, collection fees and incidental damages. The ARTeam, LLC and its agents and consignors shall have all of the rights accorded to a secured party under the Puerto Rico Uniform Commercial Code. The Buyer of each lot agrees that each lot is unique and that ARTeam LLC, in its sole discretion, shall not be required to sell or otherwise seek to mitigate damages should such Buyer fail to pay the total purchase price. Payment will not be deemed to have been made in full until the ARTeam, LLC shall have collected good funds. The ARTeam, LLC reserves the right to hold all purchases pending collection of the total purchase price, together with all additional fees, charges and expenses incurred pursuant to these Terms and Conditions of Sale.
- These Terms and Conditions of Sale, together with the parties’ respective rights and obligations hereunder, shall be governed and construed and enforced in accordance with the laws of the Commonwealth of Puerto Rico, without regard to Puerto Rico’s rules concerning conflicts of laws.
- Prospective bidders, bidders and Buyers agree that, in the event of any controversy or claim arising out of or relating to a sale of any lot, the party asserting such controversy or claim shall provide written notice thereof to the other party; that any such controversy or claim not settled within fourteen (14) days of delivery of notice by the other party, including, without limitation, any controversy or claim arising from, or relating to, the sale of any lot or any of these Terms and Conditions of Sale, including the terms of this paragraph, the sole and exclusive means for resolving the dispute shall be by binding arbitration in San Juan, Puerto Rico. Said arbitration shall be confidential and shall be pursuant to the Puerto Rico Uniform Arbitration Act, shall be conducted before a single arbitrator, and shall otherwise be guided by the then extant Puerto Rico Rules of Arbitration. This Agreement is deemed made in San Juan, Puerto Rico, and is subject to the internal substantive law of the Commonwealth of Puerto Rico without regard to conflicts of laws. The award of the arbitrator shall be final, and may be entered into any court having jurisdiction thereof. Each party shall bear that party’s own costs of arbitration and attorney’s fees.
- The ARTeam, LLC may, in its discretion and at a Buyer’s request, pack and ship items as directed by the Buyer. In such event, Buyer agrees to the following conditions:
(a) All such packing, handling and shipping is at the sole risk of the Buyer and the ARTeam, LLC shall have no liability for any loss or damage to such items, and
(b) Buyer shall pay all related expenses in advance. Buyer should allow four to six weeks for shipping from the date of the auction.
- Results are posted on the rafimorenoart web site and, upon request, may be sent to Buyers, catalog subscribers, absentee and phone bidders, and other registered bidders.
- If any part of these Terms and Conditions is held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
- These Terms and Conditions are not assignable by any buyer without the prior written consent of the ARTeam LLC Auction. However, these Terms and Conditions are binding on the buyer’s successors, assigns and representatives.
- No act, omission or delay by the ARTeam, LLC shall be deemed a waiver of its rights and remedies under these Terms and Conditions.
- ARTeam, LLC shall use reasonable efforts to execute online bids in order for online buyers to participate in the auction. ARTeam, LLC encourages its buyers to weigh the advantages and limitations of live online bidding when deciding whether to bid online. ARTeam, LLCshall not be liable for any errors or omissions made in connection with online bids or the online bidding process. Although ARTeam, LLC will do everything in its power to assure all online bids are recognized, ARTeam, LLChas no way of guaranteeing that the Internet and the online bidding process will be free from technical malfunctions.