TERMS & CONDITIONS
ARTBRIDGER TERMS & CONDITIONS
1 - PURPOSE AND ENFORCEABILITY OF THE GTCS
The purpose of the Artbridger’s website is to present items from artists (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller.
These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the items available on the site, and to define each party’s rights and obligations in such a relationship.
The sales made through the site are contracted directly between the Buyer and the Seller. Artbridger is not, in any respect, a reseller of the items proposed by the Sellers through the site.
Artbridger acts as a simple middleman in the context of the provision of the site that
allows Sellers and Buyers to connect.
As a result, Artbridger is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the items and therefore the only one bound to obligations arising therefrom.
2 – ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Sellers and the Buyers. The acceptance is confirmed by a box that needs to be checked on the item order form.
3 – ORDER
The items are offered for sale on the Seller’s website, subject to their availability. Each of the items offered comes with a short explanation sheet containing information about Its medium and dimensions. Information provided by Artbridger to Buyers is not a representation of fact but rather a statement of belief held by Artbridger based solely upon information provided to us by the Seller.
To order an item, the Buyer must select the item of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a user account). Before validating the order, the Buyers must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.
Any sales initiated via “Buy Now“ must be finalized through this feature and processed by Artbridger, and such online purchase may not be taken offline. Should we discover that a sale has been completed outside of our Services, we reserve the right to charge the Buyer and Seller a commission on that sale. Furthermore, if an online purchase is completed outside of our services, the protections afforded by these conditions will not be available to either Sellers or Buyers.
The Buyer will be charged for the payment once the purchase is effectuated. Artbridger will validate the availability within 48 hours.
If the item is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order and processing a refund.
4 – SALES PRICES AND TERMS OF PAYMENT
The item’s sale price is listed on the site in the currency set by the Buyer and includes all taxes, excepting delivery and packaging fees if applicable.
The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of item, its dimensions, its weight, as well as the place of delivery.
The payment of the item price by the Buyer to the Seller is made via the payment services available from Artbridger: credit card or bank transfer (terms of use is available at: www.artbridger.com).
Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the item is put back for sale on Artbridger’s website.
Buyers warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under an investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.
5 - DELIVERY OF THE ITEMS
The delivery of the items is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering.
The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers.
Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the item, as well as the conformity of the later are the sole responsibility of the Buyer, Artbridger shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complaint against the delivery service provider.
The Buyer must check the condition of the item, and mention any reservation immediately and in writing, at the latest within 48 hours upon receipt of the item, to Artbridger, who will transfer to the Seller.
6 – REFUND POLICY
Except as expressly stated in these conditions, all sales are final once submitted and may not be cancelled or modified by the Buyer or Seller, except under the following circumstances: (i) The Buyer may cancel an online purchase for any reason within twenty-four (24) hours of Seller approval of such online purchase. (ii) If the Buyer wishes to cancel before their order has been confirmed, Artbridger will accommodate the request. (iii) If a Buyer wishes to cancel or return an order because it was not accurately described, the Seller agrees to accept their request, which should be made within 48 hours of receiving the item. (iv) If a Buyer wishes to cancel or return an order for any other reasons, Artbridger will work with the Seller and Buyer to develop amicable solutions.
The refund applies to the price of the Item paid by the Buyer, as well as the return shipping costs.
The returned items that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, Artbridger reserves the right to decide at its sole discretion.
7 - STATUTORY GUARANTEES
The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e.: the guarantee of non-compliance and the guarantee of hidden defects.
8 – UNFORESEEABLE EVENTS
In case of a situation of major unforeseeable event, the execution of the contract may be suspended or, if cause the cancellation of the sale.
These events are usually acknowledged by the jurisprudence of the Hong Kong S.A.R. courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures.
The party invoking the event must immediately inform the other party, as well as upon its extinction thereof.
9 - INTELLECTUAL PROPERTY
The Seller guarantees that he/she is the author of the ceded item and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties.
He/she commits to protect Artbridger and the Buyer in case of any action brought by a third party about the ceded item, as part of the warranty of quiet possession.
Upon the sale, the Seller assigns to the Buyer the material substrate of the item. Artbridger does not transfer and is not responsible for transferring legal ownership of property from the Seller to the Buyer.
The Seller retains his/her moral right on the item as well as the rights regarding its
representation and its reproduction.
10 - DATA PROTECTION
Artbridger gathers and retains the Buyers and the Sellers’ personal data to ensure proper execution of these terms.
According to Cap. 486 Personal Data (Privacy) Ordinance, to data subject, who is the platform users in this case, may make a request for necessary correction or deletion of the data. Artbridger shall take necessary corrections and supply the requestor with a copy of the data as so corrected within 40 days after receiving the request. Artbridger may refuse to act in relation to a data correction request if the requestor has not provided sufficient information, or requestor has not complied with the requirement listed in Cap. 486 Part 5, Session 24. In such case, Artbridger will notify the refusal of data correction request not later than 40 days after receiving the request.
The user can access, modification, correction and deletion of his/her personal data processed via the site, and object to the communication of such data to third parties on justified grounds by sending a request to the following address: artbridger2024@gmail.com
The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account.
Artbridger reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.
Artbridger is committed to take all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer.
11 – APPLICABLE LAW
These general terms and conditions of sale are governed by the Hong Kong S.A.R. law.
Any dispute arising from these terms shall be resolved exclusively in the courts of the Hong Kong S.A.R. Artbridger makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from outside the Hong Kong, be advised that this site may contain references to products and services that are not available or are prohibited in your market. The parties submit to the exclusive jurisdiction of the courts of Hong Kong and the courts of appeal from them for determining any dispute concerning this Agreement.
12 – ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING
The Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”), Cap. 615, requires Artbridger to collect and verify certain identification information about you. Artbridger may collect personal information from third parties to verify your identity for this purpose as well.
Artbridger may be required to disclose certain information about you to relevant authorities and regulatory bodies as contemplated by AMLO. The AMLO and its related regulations may prohibit Artbridger from telling you when this occurs.
13 – SUSPENSION AND TERMINATION
Artbridger reserves the right to, at its sole discretion, and without liability, suspend or terminate your account and/or your access to the services at any time, for any breach of these terms, our guidelines, any additional terms and conditions and policies.
You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account, including content. It is your responsibility to backup the content which you upload to the services.
Upon termination, all licenses and rights granted to you in these terms will immediately cease.
1 - PURPOSE AND ENFORCEABILITY OF THE GTCS
The purpose of the Artbridger’s website is to present items from artists (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller.
These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the items available on the site, and to define each party’s rights and obligations in such a relationship.
The sales made through the site are contracted directly between the Buyer and the Seller. Artbridger is not, in any respect, a reseller of the items proposed by the Sellers through the site.
Artbridger acts as a simple middleman in the context of the provision of the site that
allows Sellers and Buyers to connect.
As a result, Artbridger is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the items and therefore the only one bound to obligations arising therefrom.
2 – ACCEPTANCE
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Sellers and the Buyers. The acceptance is confirmed by a box that needs to be checked on the item order form.
3 – ORDER
The items are offered for sale on the Seller’s website, subject to their availability. Each of the items offered comes with a short explanation sheet containing information about Its medium and dimensions. Information provided by Artbridger to Buyers is not a representation of fact but rather a statement of belief held by Artbridger based solely upon information provided to us by the Seller.
To order an item, the Buyer must select the item of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a user account). Before validating the order, the Buyers must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.
Any sales initiated via “Buy Now“ must be finalized through this feature and processed by Artbridger, and such online purchase may not be taken offline. Should we discover that a sale has been completed outside of our Services, we reserve the right to charge the Buyer and Seller a commission on that sale. Furthermore, if an online purchase is completed outside of our services, the protections afforded by these conditions will not be available to either Sellers or Buyers.
The Buyer will be charged for the payment once the purchase is effectuated. Artbridger will validate the availability within 48 hours.
If the item is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order and processing a refund.
4 – SALES PRICES AND TERMS OF PAYMENT
The item’s sale price is listed on the site in the currency set by the Buyer and includes all taxes, excepting delivery and packaging fees if applicable.
The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of item, its dimensions, its weight, as well as the place of delivery.
The payment of the item price by the Buyer to the Seller is made via the payment services available from Artbridger: credit card or bank transfer (terms of use is available at: www.artbridger.com).
Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the item is put back for sale on Artbridger’s website.
Buyers warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under an investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.
5 - DELIVERY OF THE ITEMS
The delivery of the items is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering.
The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers.
Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the item, as well as the conformity of the later are the sole responsibility of the Buyer, Artbridger shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complaint against the delivery service provider.
The Buyer must check the condition of the item, and mention any reservation immediately and in writing, at the latest within 48 hours upon receipt of the item, to Artbridger, who will transfer to the Seller.
6 – REFUND POLICY
Except as expressly stated in these conditions, all sales are final once submitted and may not be cancelled or modified by the Buyer or Seller, except under the following circumstances: (i) The Buyer may cancel an online purchase for any reason within twenty-four (24) hours of Seller approval of such online purchase. (ii) If the Buyer wishes to cancel before their order has been confirmed, Artbridger will accommodate the request. (iii) If a Buyer wishes to cancel or return an order because it was not accurately described, the Seller agrees to accept their request, which should be made within 48 hours of receiving the item. (iv) If a Buyer wishes to cancel or return an order for any other reasons, Artbridger will work with the Seller and Buyer to develop amicable solutions.
The refund applies to the price of the Item paid by the Buyer, as well as the return shipping costs.
The returned items that are damaged or dirtied by the Buyer shall not be accepted, nor refunded, Artbridger reserves the right to decide at its sole discretion.
7 - STATUTORY GUARANTEES
The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e.: the guarantee of non-compliance and the guarantee of hidden defects.
8 – UNFORESEEABLE EVENTS
In case of a situation of major unforeseeable event, the execution of the contract may be suspended or, if cause the cancellation of the sale.
These events are usually acknowledged by the jurisprudence of the Hong Kong S.A.R. courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures.
The party invoking the event must immediately inform the other party, as well as upon its extinction thereof.
9 - INTELLECTUAL PROPERTY
The Seller guarantees that he/she is the author of the ceded item and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties.
He/she commits to protect Artbridger and the Buyer in case of any action brought by a third party about the ceded item, as part of the warranty of quiet possession.
Upon the sale, the Seller assigns to the Buyer the material substrate of the item. Artbridger does not transfer and is not responsible for transferring legal ownership of property from the Seller to the Buyer.
The Seller retains his/her moral right on the item as well as the rights regarding its
representation and its reproduction.
10 - DATA PROTECTION
Artbridger gathers and retains the Buyers and the Sellers’ personal data to ensure proper execution of these terms.
According to Cap. 486 Personal Data (Privacy) Ordinance, to data subject, who is the platform users in this case, may make a request for necessary correction or deletion of the data. Artbridger shall take necessary corrections and supply the requestor with a copy of the data as so corrected within 40 days after receiving the request. Artbridger may refuse to act in relation to a data correction request if the requestor has not provided sufficient information, or requestor has not complied with the requirement listed in Cap. 486 Part 5, Session 24. In such case, Artbridger will notify the refusal of data correction request not later than 40 days after receiving the request.
The user can access, modification, correction and deletion of his/her personal data processed via the site, and object to the communication of such data to third parties on justified grounds by sending a request to the following address: artbridger2024@gmail.com
The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account.
Artbridger reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.
Artbridger is committed to take all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer.
11 – APPLICABLE LAW
These general terms and conditions of sale are governed by the Hong Kong S.A.R. law.
Any dispute arising from these terms shall be resolved exclusively in the courts of the Hong Kong S.A.R. Artbridger makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from outside the Hong Kong, be advised that this site may contain references to products and services that are not available or are prohibited in your market. The parties submit to the exclusive jurisdiction of the courts of Hong Kong and the courts of appeal from them for determining any dispute concerning this Agreement.
12 – ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING
The Anti-Money Laundering and Counter-Terrorist Financing Ordinance (“AMLO”), Cap. 615, requires Artbridger to collect and verify certain identification information about you. Artbridger may collect personal information from third parties to verify your identity for this purpose as well.
Artbridger may be required to disclose certain information about you to relevant authorities and regulatory bodies as contemplated by AMLO. The AMLO and its related regulations may prohibit Artbridger from telling you when this occurs.
13 – SUSPENSION AND TERMINATION
Artbridger reserves the right to, at its sole discretion, and without liability, suspend or terminate your account and/or your access to the services at any time, for any breach of these terms, our guidelines, any additional terms and conditions and policies.
You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account, including content. It is your responsibility to backup the content which you upload to the services.
Upon termination, all licenses and rights granted to you in these terms will immediately cease.
