Terms & Conditions for Visitors & Buyers
160 City Road,
London EC1V 2NX,
Contact DPO Officer
email: hello @ civitasart.com
sms: +30 695 301 5916
16 May 2020
These terms and conditions regulate the business relationship between You and Us. By using our website in any way, or by buying from Our Website, you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
We are: Civitas Culture Limited, (UK).
160 City Road,
London EC1V 3NX,
You are: visitor to our website and/or our customer
In this agreement
“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.
“our website” means the entire computing hardware and software installation that is or supports Our Web Site.
“artworks” means any of the Artworks we offer for sale on our website
“content” means information in any form published on our website by us or by any third party with our consent.
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to our website; and
2.1.2 in any event to you as a buyer or prospective buyer of the artworks.
2.2 Artworks advertised / promoted may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will confirm details of of each artist’s artworks and their terms of sale, and information related to transportation, customs and insurance as well as the time to receive the artworks. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order artworks.
2.5 All descriptions, weights and sizes of artworks are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the artworks you order are not available, we will offer you alternatives before the artist despatches the order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 60 days from the date of your order.
3.1 You must pay us the full price of your order before the artist will send any part of your order.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time. The best way to have accurate information on currency exchange is to consult your bank.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the artworks.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery and conclude the delivery process.
5.2 If we are not able to deliver the artworks within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the artworks in instalments if the goods are not available at the same time for delivery.
Because you are buying the artworks by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
6.1 All correspondence regarding the return of artworks shall be carried out between You and the artist.
6.2 You must tell the artist you wish to cancel within 14 days of your receipt of the artworks.
6.3 The artworks must be returned to the artist within 21 days of delivery:
6.3.1 with both artworks and all packaging in their original condition;
6.3.2 securely wrapped;
6.3.3 including our delivery slip;
6.3.4 at your risk and cost.
6.4 After our artist has received back the artworks, artist will credit your credit or debit card or will deposit with the full purchase price of the goods returned no later than 30 days from the date of receipt minus all banking expenses;
6.5 If you do not return the artworks to us, you are still liable to us for the cost.
6.6 We are under no obligation to collect or recover artworks from you, but if we do, our costs will be payable by you.
7.1 We or our Content suppliers may make improvements or changes to our website, the Content, or to any of the artworks, at any time and without advance notice.
7.2 You are advised that Content may include technical inaccuracies or typographical errors.
7.3 We give no warranty and make no representation, express or implied, as to:
7.3.1 the adequacy or appropriateness of the artworks for your purpose.
7.3.2 the truth of any information given on our website;
7.3.3 any implied warranty or condition as to merchantability or fitness of the artworks and services for a particular purpose;
7.3.4 compatibility of our website with your equipment software or telecommunications connection.
7.3.5 compliance with any law;
7.3.6 non-infringement of any right.
7.4 Our website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of artworks.
7.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
8.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
8.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
8.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
9.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on our website, and that you will not permit any other person to do so.
9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9.4 Examples of violations are:
· accessing data unlawfully or without consent;
· attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
· attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
· forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
· taking any action in order to obtain Goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
· any violation of system security as set out above;
· your use of our website;
· any other breach or violation of this agreement by you;
· the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Where we provide artworks without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Terms and Conditions for Artists
These terms and conditions form a legally binding agreement between you and Civitas Art, a trade name of Civitas Culture Limited (UK), the supplier of the Service. Your statutory rights are not affected.
We are: Civitas Culture Limited (UK),
160 City Road
London EC1V 2NX,
You are: a user of our services.
“us/our/we” means Civitas Art, a trade name of Civitas Culture Limited (UK).
“you/yours” etc. means you, a user of our services.
“site/sites/website/websites/ our website / our websites” means the website: civitasart.com or any other sites owned and controlled by us.
“artwork/artworks” means artwork/craftwork owned and controlled by You for the purposes of selling through the site.
“service” means the process of displaying/marketing/selling your artwork through the sites.
2.1 We reserve the right to accept or decline Your application to market Artworks through Us. Your application includes Your acceptance of these terms and conditions.
2.2 You warrant that all information supplied to Us is accurate, and up to date.
2.3 You agree to have Your artworks and descriptive information displayed on the Site.
2.4 You will inform Us of any changes in the information stored by Us including name, address and contact details, pricing of Artworks, and the Sold status of Artworks.
3.1 We reserve the right to accept or decline Your application to market any Artwork through Us for any reason.
3.2 If a sale is made you are entering into a legally binding contract with Us to complete the sale and despatch the artwork in the agreed time.
4.1 You may market Your Artwork through other channels simultaneously with marketing through Us, provided:
4.1.1 this does not affect Your ability to deliver the Artwork to the Customer within the specified time.
4.1.2 You do not offer Your Artwork at a price lower than the price which You are offering it through Us.
4.2 If the Artwork is sold through another channel You will immediately remove it from sale on the Site.
5.1 You warrant that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You warrant the Work is Yours to sell.
5.2 The copyright in the Artwork will remain with You even after ownership of the Artwork is transferred to the Customer.
5.3 You grant us a perpetual and irrevocable licence to use photographs of your Artwork on the Website and in any marketing materials, including on any websites, social media, in any advertising campaigns, online or offline, at any time.
You must supply from one to 5 high-quality digital Images of each Artwork You wish to sell through Us. The Images must be in JPEG format. The minimum pixel width & height of the images will be at least 1200 pixels X 1200 pixels.
7.1 You will pose your own price which the Artwork should be sold for. This price must be inclusive of VAT or other Sales Tax (if applicable) and Your delivery and insurance costs.
7.2 You are free, from time to time, to discount your artworks and/or use discount codes without our permission.
8.1 You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from us under any circumstances and should be taken into account when pricing Your artworks.
8.2 You will ensure that artworks are securely packaged, labelled and adequately insured for safe delivery to the customer.
8.3 You will not include any contact details that would encourage the customer to deal directly with You in the packaging, such as business cards, leaflets, letters of solicitation for business etc.
8.4 You will package and arrange delivery of artworks to the Customer within a maximum of five working days of receiving the order.
8.5 Should You become aware of any reason why an artwork that has been ordered from You may not be received by the Customer within 10 days, You will notify Us immediately of the reason for and expected length of the delay. We will attempt to contact the customer and in some cases may offer a refund to the Customer resulting in the cancellation of the order from You.
9.1 In the event of the artwork arriving damaged with the Customer, You will be liable for the costs of retrieving the artwork.
9.2 You will claim any costs in retrieving the artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to artworks under any circumstances.
9.3 You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the artwork.
9.4 You accept that the Customer may return the artwork(s) within 14 days of receipt, and this will constitute cancellation of the order. We will not accept liability for Your delivery expenses in this instance.
10.1 You will receive artwork’s price after the artwork has been sent to the Customer and we can confirm the sent.
10.2 You should issue an invoice to the customer in order to get paid from us.
10.3 Payment will be made by bank transfer to your IBAN account or by PayPal.
10.4 The total amount you will receive from us will be: artwork’s price – banking expenses from our end.
11.1 You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.
11.2 We provide this service on an “as-is” basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.
11.3 This Agreement is entered into in England and shall be governed by, and shall be construed in accordance with, English law. The courts of England shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.
11.4 We reserve the right to change artist terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days notice in an artists’ newsletter.
11.5 Using the service constitutes acceptance of these rules.
Privacy & Cookies Policy
We will comply with the Data Protection Act 1998 and the General Data Protection Regulation (GDPR Regulation of E.U. 2016/679) in relation to your data. We do not sell your data to third parties.
160 City Road,
London EC1V 2NX, England, UK.
Email: hello @ civitasart.com
SMS: +30 695 301 5916
2.1 Information about you:
• Your account information
• Your name & surname
• Your contact details, including address, telephone, mobile, fax, own website, and e-mail.
• Your account information, including each membership & other account you have registered for with us.
• Your account log-in details, including username and password.
• Your address book entries, including other shipping addresses that you provide.
• Any contact details and messages you provide when recommending a friend.
• Your account preferences and other account information.
2.2 Information relating to your orders
• Your purchase transactions
• Your purchase orders
• Your payment information and payment history
• Order delivery, fulfilment and returns information.
2.3 Your activity online
• Your content
• Your professional artist information, including, but not limited to personal details, galleries, portrait, biography, exhibitions, awards, tuition, media, and subjects.
• Messages that you exchange with other members using any service provided by us.
• Any other content that you supply.
2.4 Administration Information
• Communications between you and us, including queries, problems, support, and survey responses, and including via e-mails, web-forms, and telephone.
2.5 Technical information when you visit our website
• Web browser information including your browser brand (e.g. Internet Explorer, Firefox, Safari, Opera, Chrome),
• Operating system (e.g. Microsoft Windows, OSX, Android)
• IP address (a unique identifier allocated to your computer for your connection to the internet).
• Information relation to your use of our website, including where you visited our website from, and what pages you visit on our website.
3.1 Forms you fill in / data you provide.
• From forms which you complete and submit on our website.
• From printed forms which you obtain from our website or us.
• Data we collect face-to-face, or by means of e-mail or telephone.
3.2 Other information you supply.
• From the data, information and images you post, upload or otherwise provide to our website, including our forum.
• From any other information you supply from time to time, including through telephone calls, emails and other communications between you and us.
• From any information supplied by other users of our site and other customers.
3.3 Generated Information.
• From information generated by us as a result of dealings, transactions and communications with you, including supplying any goods or services to you, providing the functionality of our website, operating competitions, and dealing with queries, support requests and complaints.
3.4 Technical Information.
• From information which is automatically supplied by your web-browser when you visit our website.
• From information recorded by our server when you view any page on our website.
4.1 Operate and improve our website.
• To provide our website and its features and functionality.
• To analyse the performance of and improve our website.
• To keep you informed with status or other administrative notices.
4.2 Supply of goods and services.
• To perform each order from you for the supply of goods and services.
• To collect payments due from you.
4.3 Provision of membership accounts.
• To provide, administer and manage your accounts and the associated services included in those accounts.
• To collect payment of all account fees.
• To pay commission on sales to artists.
4.4 General administration
• To monitor our staff.
• To communicate with you for administrative and support purposes.
• To manage complaints, disputes and claims.
• To enforce our contracts and terms and bring claims.
4.5 Marketing e-mails and communications.
We will also use your data to send you marketing materials and newsletters relating to our website, products, services and events, but only where you have consented to this through the appropriate setting in your website account, and you have not withdrawn your consent. You may change your consent by adjusting the appropriate setting or informing us through our contact details in this policy.
Data we hold on you is done on our secure computer servers. We hold this data to ensure that we are able to manage your account and provide details to you on previous purchases, wishlist items and your account preferences. If you require us to remove this information, please contact the DPO Officer at: hello @ civitasart.com
5.1 Public Data
Where, as part of the functionality of our website or as part of any service, competition, or event we provide or run, it is envisaged that certain of your data will be made available to the public in general, or to other members, then we may make that data available on such basis. For example, the elements of your profile and professional-artist information, your galleries of photos, etc, may be made public. We will make it clear to you in our website, or in our communications with you, which elements of your data will be made available in this way. If our website settings allow you to control what elements of your data are made public, then we will honour the settings that you select.
5.2 Our contractors and suppliers
Where we use third parties to provide or supply any part of our website or any goods, services, events, insurance or other things, or to enforce or administer any contracts or terms, then we may provide your data to them as reasonably required for those purposes, including to the artists from whom work is purchased from, delivery agents, payment processors, and insurers.
Your data may be held by them as data processor on our behalf, in which case we will remain the data controller, and your data will only be held and used by them on our behalf and in accordance with our instructions and this policy. Your data will also only be held or as long as it is required to undertake their services, after which time it will be securely removed from their systems. In some cases, your data may need to be provided to them to be used by them for their own purposes, as data controller, where this is reasonably necessary, for the purposes of provision of any goods, services, insurance, event etc. by them. In such case, they should inform you separately that they are holding your data as data controller.
5.3 Legal requirements
We may supply your data to a government authority where required to comply with a legal requirement, for the administration of justice, or where reasonably required to protect your vital interests.
5.4 Claims handling
We may disclose your identity to any third party who is making any claim against us in relation to any of your data that you have posted or uploaded to our website, including where it is claimed to breach their rights or privacy.
We, our contractors and suppliers normally store and process your data in the United Kingdom. However, we and our contractors and suppliers may from time to time store and process your data elsewhere, including outside the United Kingdom and the European Economic Area. This may be because our contractor or supplier who carries out any order fulfilment or payment processing, for instance, may be based elsewhere.
If your data is to be stored or processed outside the UK and the EU, we will comply with, and take all reasonable steps to ensure our contractors and suppliers comply with, the rules under the Data Protection Act 1998 and General Data Protection Regulation (GDPR Regulation E.U. 2016/679).
7.1 Security measures
We take and use reasonable endeavours to ensure our contractors and suppliers take all reasonable steps and implement all reasonable measures, to keep your data secure and prevent unauthorised access to your data (except for those parts of your data intended to be made available to the public or other customers or members of ours, such as your public profile, forum entries, gallery etc.), and to prevent accidental loss or damage to your data.
7.2 Your passwords
You are responsible for keeping your username and password log-in details confidential and we would ask you not to share them with anyone.
7.3 Information Security Policy
All employees are responsible for ensuring confidentiality of sensitive information. Civitas Art recognises the importance of information security. The primary purpose of our information security is the protection of services to members and customers, and the customer information we are supplied with. It is the company’s aim to ensure that customers have confidence in our information security and are safe in the knowledge that we are responsive to their security concerns.
We adhere to all the requirements of PCI DSS in protecting customer card details. Everyone within Civitas Culture Limited has an important role to play and each member of staff has their own specific tasks and responsibilities. We expect our core behaviour of professionalism and customer focus to be reflected in our protection of customer information. We support staff efforts to secure information through policies, and staff training and awareness activities.
This policy is subject to review annually to ensure that at a strategic level it addresses the evolving information security threats and objectives needed for the organisation to be successful.
7.4 Payment Card Security
We process payment cards through PayPal, accessed from authorised PCs on a dedicated network segment. There shall be no access to this network segment from the Internet, or from other sections of Civitas Culture Limited. PCs and other devices on this network are configured to meet the requirements of PCI DSS, and may only be accessed by authorised users.
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9.1 Access your data
You can see most of your data through your account web pages when logged in on our website. Under the Data Protection Act 1998 and General Data Protection Regulation (GDPR Regulation E.U. 2016/679), you are entitled to a copy of all personal data we hold about you. If you would like to exercise this right, please contact us via email at hello @ civitasart.com, requesting a Subject Access Request Form.
9.2 Your right to stop marketing messages
If we are sending you marketing literature (including paper-based and electronic messages), you have the right to ask us to stop doing this. Please contact us using our contact details above.
9.3 Your right to stop use causing distress
You have the right to ask us to stop using any data for any purpose where that purpose is causing you substantial distress. If you have any concerns regarding our use of your data, please contact us using our contact details in this policy.
9.4 Your right to alter inaccurate data
You are entitled to ask us to change, erase, block or modify any inaccuracies in your personal data, by contacting us using our contact details above. We will respond to these requests within one month. In most cases you can do this yourself though your account web pages on our website, which let you change and update your data.
9.5 Your right to revoke consent at any time
You have the right to withdraw consent for us to use your data at any time. If this withdrawal means we are not able to provide a service to you, we will advise of this at the time of withdrawal.
9.6 Your right to erasure
If you wish to have all of your data that is held by Civitas Art erased, you should contact us on the details above, to which we will respond within one month.