Artefaks

Admissibility | Transactions (purchases & sales) | Community Spirit

The purpose of these rules is to inform you of the activities that are allowed or prohibited on the site. These general rules form an integral part of the legal agreement terms and conditions, which we suggest you read carefully. When in doubt, our terms and conditions shall prevail.

Admissibility

Additional assistance: Seller’s Guide | FAQ | Terms and conditions

Artefaks, virtual art gallery and boutique, is open to all artists, artisans and creators who would like to sell their original works of art. Artefaks does not apply any selection process for the artists or their works, but does require its user-sellers to respect the following conditions:

• user-sellers must comply with our terms and conditions
• user-sellers must be the authors of the works of art or derivative art products for sale on Artefaks. Special vendors, such as charity groups, artist co-ops, organizations and businesses with a cultural background, are also eligible, once they have obtained approval from Artefaks
• user-sellers must be 18 years of age or older or open an account under the supervision of a parent or legal guardian
• user-sellers cannot present themselves under a name or avatar that implies a non-existent affiliation with a third party, a business, a group or a brand
• user-sellers must manage their own boutique. They cannot entrust their boutique to a third party (e.g., an agent or merchant), lend it out or sell it
• user-sellers cannot use their profile page or their boutique with the sole purpose of redirecting traffic to a personal or commercial website
• user-sellers are responsible for keeping their personal information and billing information associated with their account up to date
• user-sellers are fully responsible for the content of their boutique and their activities on the site

Should one or several of these conditions not be respected, the user-seller could be suspended or even have his/her account deactivated definitively along with all the privileges associated with it. Artefaks reserves the right to refuse its services to any person, organization or business that does not comply with these rules or with its terms and conditions.

Multiple accounts held by one person

Artefaks does not encourage several accounts to be held by the same person. However, it is not prohibited if the following conditions are respected:

• each account must be clearly identified to its user. Therefore a person cannot use a different artist name or boutique name in order to hide that the accounts belong to the same user
• an account cannot be created so that the owner can purchase his/her own merchandise
• the same item cannot be listed in more than one boutique
• Artefaks shall not refund any losses resulting from difficulties managing several accounts

Account used by more than one person (group account)

Accounts used by several users (group accounts) are allowed on Artefaks. However, Artefaks requires that the following conditions be respected when creating and managing group accounts:

• two or more artists who have formed an artistic association can present their common work under a common name on Artefaks
• a charity group, cultural organization or a company with a cultural background that meets our eligibility requirements described in our terms and conditions may have and use a group account
• all products or works of art for sale in a group boutique must include full credits
• all groups that wish to display works of art or products in their boutique must obtain express permission from the author(s) to do so
• a clear agreement between the members of the group must set out how package purchase fees and revenue earned from sales are to be shared. Artefaks is in no way responsible for any conflicts or losses resulting from such an agreement.

Furthermore, as a group, you must agree to all our terms and conditions as well as to these additional policies:

• a group cannot be made up of a group of artists represented by an agent or a merchant acting as an account administrator
• the group’s profile page must clearly and fairly mention all the names of the group members
• the individual or entity holding the account is responsible for all content and activities related to the account, as set out in our terms and conditions.

If Artefaks' terms and conditions or any other of its policies are violated by a member of a group, Artefaks reserves the right to suspend or deactivate the group account definitively without any refund. Artefaks will not get involved as a mediator in any conflict situations among members of a group.

Transactions

Additional assistance: Artefaks Buyer’s Guide | Artefaks Seller’s Guide | Terms and conditions | FAQ

Artefaks’ role is to put art buyers and creators in touch with each other. Artefaks is therefore an “intermediary” rather than a merchant. When a buyer purchases artwork or a product on Artefaks, he/she does business directly with the author (artist-merchant) and not with Artefaks.

Transactions will be successful and run smoothly if a few simple guidelines are respected:

Making purchases on Artefaks

Additional assistance: Artefaks Buyer’s Guide | FAQ

Artefaks displays original artwork and derivative art products for sale by their author. Artefaks asks that its users-buyers respect the following conditions::

• user-buyers who have confirmed their intention to purchase an item accept to pay the total amount of the transaction to the artist-seller at the given price. We ask user-buyers not to confirm a purchase if they do not intend to pay for the item
• user-buyers must pay promptly for the items purchased using the PayPal secured payment service
• user-buyers must not attempt to bypass the PayPal secured payment service or suggest another method of payment
• user-buyers are responsible for paying the seller by using the PayPal secured payment service. We ask user-buyers not to send cash to Artefaks to pay for their purchases

Selling on Artefaks

Additional assistance: Artefaks Seller’s Guide | FAQ | Terms and conditions

We ask user-sellers to post their sales, exchange, return and refund policies in their boutique and to ensure that they explain all particularities about an item, how the item will be shipped, etc.
Please be sure to respect these instructions when you configure your boutique or list an item for sale:

• sales, exchange, return and refund conditions posted in your boutique can, under no circumstances, contradict Artefaks’ terms and conditions or these general rules
• you are not allowed to post a link or URL in a listing or on your personal page that connects to a transaction site where you (or your representative) has the same items for sale as those in your Artefaks boutique.
• images or content protected by copyright, a patent, licence or trademark held by a third party (other than yourself) cannot be used in your boutique or your listing without permission
• all items must be listed under their own separate listing. Only identical products (series) can be sold under the same listing

no manoeuvres can be taken in order to bypass the system and avoid paying the fees required by Artefaks. This includes lowering prices after having received an intention to purchase, posting prices that are higher than the value of the products for sale and making arrangements with buyers to bypass the system and Artefaks’ rules.

Works of art and products eligible to be sold

This section explains what can and cannot be sold on Artefaks.

Selling original works of art

The following can be sold on Artefaks:

• original works of art in all artistic disciplines that are being sold by their author
• original works of art in emerging artistic disciplines that are being sold by their author
• original works of art being sold by special vendors accepted by Artefaks (charities, artist co-ops, cultural businesses, etc.).

Selling derivative art products

The following can be sold on Artefaks:

• art or design products that are mass produced by hand, semi-industrially or industrially by or on behalf of their author/creator
• art or design products for sale by special vendors accepted by Artefaks (charities, artist co-ops, cultural businesses, etc.)

Products not eligible to be sold

The following cannot be sold on Artefaks:

• antiques that have not been treated or transformed artistically
• a deceased artist’s works
• materials and tools used by artists
• works produced from creativity kits that are available commercially (i.e., painting by numbers, toy model assembly kits, etc.)
• “virtual” works, i.e., that are not based on material or electronic support
• works that prejudice a person, group, business or an animal.
• works that are not available for sale
• works protected by a license, copyright, patent or any other legal restriction preventing the author from selling the item
• all works or products being sold by someone other than their author/creator (except for special user-vendors accepted by Artefaks such as charities, co-ops, small cultural businesses, etc.)

Posting an item

All items for sale must be tangible objects (an electronic file is considered a tangible object). All listings must contain a precise and exact description of the items for sale.

Listings that do not comply with this guideline or our terms and conditions may be suspended or removed by Artefaks without refund.

Description of items for sale

All items for sale on Artefaks must contain an appropriate, precise and complete description, which means that:

• the description and photographs posted must be sufficient to give the buyer an accurate idea of the product
• key words, tags or photographs that do not adequately represent the works or are used to unduly increase visibility cannot be used
• the sale price and the shipping fees indicated must be reasonable.

Resale

Below you will find some guidelines about reselling items on Artefaks:

• a user-seller cannot resell works acquired from Artefaks or from a similar site (including works that he/she created)
• user-sellers cannot have a representative (such as a gallery-owner/manager or agent) manage their boutique
• charities, cultural groups or businesses, art dealers or artists’ agents cannot sell or resell works of a third party on the site without special authorization granted by Artefaks.

Availability of works and products

The following guidelines concern the availability of works of art and products for sale on Artefaks:

• all works of art or items posted on Artefaks must actually be available for sale
• listings cannot be created for items that do not exist, have run out or are not available
• a listing cannot be created solely for advertising purposes. All listings must contain a product for sale
• items that are “made-to-measure” or “produced according to your specifications” must have an all-inclusive final sale price and be arranged through the Artefaks website
• an article cannot be offered at an inflated or under-estimated price, either to discourage the sale or cover the service fees required by Artefaks
• a listing cannot ask the buyer to commit to anything other than acquiring the item under the conditions indicated.

Free items and bonuses

Items given for free or as a bonus cannot be offered on Artefaks.

Gift certificates

Gift certificates cannot be sold on Artefaks.

Services

Services cannot be sold on Artefaks unless they are for the production of a specific item and are payable in full when ordered. The complete service must be arranged through the Artefaks website. Failure to do so will be considered an attempt to avoid paying the service fees required by Artefaks.

Adult content

Artefaks has no intention of determining what is artistically acceptable or not in terms of explicit content. However, since there are numerous locations on the Internet where workers in the sex industry can “post,” we ask that these guidelines be respected:

• services, products or content explicitly destined for sexual use cannot be sold
• products or content that depicts the nude human body in a context that does not have true artistic intention cannot be sold
• we ask our users who list items or content of a sexual nature to present them in an acceptable manner within the limits of good taste and decency
• it is forbidden to present sexual practices that could be deemed degrading, violent or cruel.

Anyone who does not respect these guidelines may have their account suspended or deactivated definitively without any refund. We will examine complaints on a case-by-case basis with our characteristic open-mindedness.

Prohibited products and substances

Some products cannot be sold freely on the market, and this includes on Artefaks. We will refuse any work that is produced (in whole or in part) from controlled or illegal substances.
Therefore, the following products or substances cannot be sold, even if they are components of a work of art:

• alcohol
• tobacco
• drugs and pharmaceuticals
• pornography
• weapons and dangerous or explosive substances
• products that have been recalled
• securities or real-estate
• products that cannot be exported/imported
• vehicles

Furthermore, all sellers must ensure that the sale of products listed in their boutiques or a specific transaction does not conflict with the applicable laws and regulations in their province or territory where they do business.

Problem with a transaction

Additional assistance: Report a problem | FAQ

Artefaks would like to be informed by its users if they experience any problems with transactions initiated via the site. Although we cannot promise that we will be able to solve all conflicts, we will play an active role as mediator and attempt to propose solutions that will satisfy everyone.
If any of these situations arise, please inform us:

• the buyer takes a long time making his/her payment
• the buyer has not provided the seller with the information needed for shipping
• the buyer has received an item that does not meet his/her expectations and has not managed to come to an agreement with the seller
• the buyer has not received the item purchased within a reasonable amount of time

If one of these situations applies to you, see the Report a problem page to find out what steps to take before contacting Artefaks’ customer service.

Community Spirit

Additional assistance: Terms and conditions | FAQ

Arterfaks compte sur la bonne foi et le bon sens de ses utilisateurs pour maintenir un climat positif au sein de sa communauté. Nous demandons donc à nos utilisateurs de se conformer aux directives suivantes :

• report any behaviour to Artefaks that seems inappropriate to you. Do not contact the person directly whom you consider to be at fault
• do not post negative comments, criticisms or any other information that could prejudice a person, group or business
• do not use the information available on Artefaks or obtained through your activities on Artefaks to canvass users or carry out any other solicitation activities
• if you have a problem with a transaction or experience any kind of conflict, please inform Artefaks as soon as possible (see the steps to follow under Report a problem).

Artefaks applies these rules rigorously and performs checks regularly. Artefaks is also committed to its role as mediator and to helping its users resolve any conflicts. Please do not hesitate to contact us to inform us of difficulties with the site, a transaction or in your dealings with another user.

Artefaks reserves the right to changes these rules at any time.