General Terms and Conditions of Sale
Please carefully read these 'Terms of Use' before using our site. Customers who use and shop on this e-commerce site are assumed to have accepted the following conditions:

The website located at https://artbul.com/ ('site') is owned and operated by ARTBUL. By using the services provided on the site, you acknowledge that you are subject to the following terms, and by using and continuing to use the services, you represent and warrant that you are legally capable, have the authority, and have legal competence under applicable laws to enter into this agreement, that you are at least 18 (eighteen) years old, that you have read and understood this agreement, and that you accept the terms set forth in this agreement.

This agreement imposes rights and obligations on the parties regarding the subject of the agreement, and when the parties accept this agreement, they declare that they will fulfill the mentioned rights and obligations completely, correctly, and in a timely manner in accordance with the conditions requested in this agreement.
1. Purpose and Enforceability

The purpose of the artbul.com is to exclusively present artworks 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.

The Terms apply to your use of our website, including any subpages and subdomains of the website, our mobile, tablet, and other smart device apps, our app program interfaces, and all associated services.

The sales made through the Site are contracted directly between the Buyer and the Seller. ARTBUL is not, in any respect, a reseller of the Items proposed by the Sellers through the Site.

ARTBUL acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect. As a result, ARTBUL 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.

All content on our website and apps, including these Terms, was originally written in English but is available in multiple languages. If there’s a conflict between the English version of any content on our website and apps and another language version, the English version prevails.

Our Terms, policies, and help centre articles have been prepared in accordance with Dutch law. Any legal terms and concepts used in these Terms will be interpreted according to Dutch law.

2. Acceptance

The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer. 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 substrate, its dimensions, its weight and type.

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 Buyer 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.

The Buyer will be charged for the payment once the purchase is effectuated. ARTBUL 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, canceling the order and processing a refund.

- SPECIFIC CASES OF ITEM CUSTOMIZATION REQUESTS

A "customization request" is defined as any change requested by the Customer that results in a modification of the initial characteristics of the Item (size, material, aspect...) listed on the product sheet of this Item.

If the Item (in stock or to be produced) is subject to a customization request from the Buyer, the Seller will make a quotation to the Buyer and will wait for its validation before producing the Item. The quotation contains a provisional delivery date for the personalized Item.

If ARTBUL has confirmed receipt of payment within 3 working days of the quotation being sent to the Buyer, the sale is then considered to be concluded under the terms of the General Terms and Conditions of Sale accepted by the Buyer and the Seller and available at artbul.com

If after 3 working days ARTBUL has not validated the order by confirming receipt of payment, the order is canceled.

4. Sale Price 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 ARTBUL : credit card or bank transfer.

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 Site.

Once the Buyer made an order for your artwork or you have accepted an offer, we ask the buyer to pay for the object right away to secure their purchase. This payment will be processed by our payment providers and be kept safely in escrow until at least 14 days after the buyer has received the object.

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.

Obligations regarding the delivery of the order, dispatching and shipping, and the quality of the product packaging are the responsibility of the SELLER. It is the BUYER's responsibility to prove that the order is incomplete/wrong and any damage occurred during transportation of the product. In no case can ARTBUL be held responsible for failure to fulfill this order. BUYER has the right to lodge a complaint against the delivery service provider.

The Buyer must, as soon as he receives the order, check the condition of the Item, and mention any reservation immediately and in writing, at the latest within 48 hours, to ARTBUL, who will transfer to the Seller.

6. Right of Withdrawal

the Buyer has a period of 14 days from the delivery of the Item to use his/her right of withdrawal with the Seller, without any costs or reason (except if the Item has been the subject of a customization request from the Buyer).

If the Item is the subject of a customization request, the Buyer will not be able to exercise his right of withdrawal as from the date of pick-up of the work.

The Buyer may use his/here right of withdrawal with ARTBUL through sending an email to the following address [email protected] or/and sending a refund request on artbul.com user control panel. ARTBUL will then be responsible for handling the cancellation from the Buyer and shall process the refund within 14 days following the date on which ARTBUL was informed about the Buyer exercising his/her right of withdrawal. 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, ARTBUL 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. Force Majeure

In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale.

Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the Netherlands 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 Force Majeure 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 listed 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 ARTBUL 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. The Seller retains his/her moral right on the Item as well as the rights regarding its representation and its reproduction.

10. Data Protection

ARTBUL gathers and retains the Buyer and the Seller’s personal data to ensure proper execution of these terms.

Pursuant to the law, the User has a right of access, modification, correction and deletion of his/her personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address : [email protected]

The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account.

ARTBUL 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.

ARTBUL 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 Netherlands law

12. Mediation

In the event of a dispute, the User has a right of recourse with a Consumer Ombudsman for the amicable resolution of any dispute on the execution of these GTCS.

The User will find the list of mediators on the government website dedicated to this purpose: https://mfnregister.nl

13. Competent Jurisdiction

Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Rotterdam Courts.

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