// Sell your art, not your soul.
Terms and conditions
Your use of the Artefaks.com website (“Artefaks” or “the website”), a service of Artefaks Reg’d., signifies that you (the “user” or “you”) accept these terms and conditions (the “terms and conditions” or the “agreement”), including the policies and rules that can be accessed by clicking on the links herein.
Before becoming a member artist-merchant of Artefaks, you must read and accept all the terms and conditions herein or accessible via the links in this document. The agreement takes effect once the user accepts it.
Artefaks is an online communications platform enabling users, adhering to its terms and conditions, to post, sell and buy art products offered at set prices (without auction).
Artefaks is not directly involved in the transaction, which is carried out between a seller and a buyer. Therefore, Artefaks has no control over the quality, safety, morality or legality of the items sold on the site, nor does it have any control over the reliability and accuracy of the listings, the capacity (legal or other) of the seller to market the item or the capacity of the buyer to acquire or pay for the item. Artefaks does not select its users, the listings or the information provided by the users. Artefaks therefore cannot, at any time, guarantee that a user-seller or user-buyer will complete a transaction initiated through Artefaks.
Consequently, Artefaks is not in a position to legally transfer ownership of an item from the seller to the buyer, nor can it guarantee the identity, age or nationality of a user. As such, Artefaks encourages you to directly contact the other parties involved in the transaction by using the communication tools available on the website.
In accepting these terms and conditions, you accept that Artefaks, as an online communications platform, cannot be held responsible for the content (e.g., data, text, information, user name, photograph, image, graph, video or audio extract, art product or hyperlink) posted on Artefaks by you, another user or a third party. You use Artefaks at your own risk.
Eligible items: Only original works of arts or derivative art products sold by their author(s) can be listed and sold on Artefaks. It is therefore prohibited to list and sell works of art or derivative art products on behalf of their author (e.g., as an agent, gallery-owner or manager), works of art or derivative art products whose author is deceased or works that had previously been purchased from an author, his/her representative or a third party.
By original artwork, Artefaks means unique pieces or pieces produced by hand or semi-industrially in limited quantities. In the derivative art products category, Artefaks includes art or design objects produced semi-automatically or industrially on behalf of their designer. This category includes items such as printed greeting cards, art books published by their author, music demos, clothing, industrial design prototypes, handcrafted furniture, etc.
Artefaks reserves the right to refuse, without refund, any item for sale, for any reason and at any time.
Eligible sellers: Only authors of original works of art or creators offering derivative art products produced by hand, semi-automatically or industrially on behalf of themselves are eligible to be user-sellers on Artefaks. Apart from some exceptions, companies offering works of art or derivative art products designed by consultants or employees, manufacturers’ agents, production companies or merchants are not authorized to list or sell their products on Artefaks.com.
Artefaks reserves the right to suspend or disband any non-eligible user-sellers at any time without refund.
Artefaks allows the following businesses and groups to list and sell works of art or derivative art products on the site as user-sellers:
Age: Artefaks’ services are reserved for persons aged 18 or over, able according to legislation in effect, to enter into legal agreements. Individuals under 18 years of age can use Artefaks with the consent and supervision of a parent or their legal guardian. In such a case, the adult is considered to be the user and is responsible for all the minor’s activities on Artefaks.
Compliance with legislation in effect: The user agrees to comply with applicable legislation with regards to his/her online behaviour and acceptable content. The user-seller is also responsible for charging the applicable sales taxes. The user must also, at all times, comply with these terms and conditions as well as with the following policies:
Password security: You must keep your password secret and never disclose it to a third party. You are fully liable for any activity, consequence or damage resulting from your password being disclosed to a third party. You also agree to inform Artefaks as soon as possible of any unauthorized use of your password or security violation affecting your account. You also accept that Artefaks cannot be held responsible for any loss or damage resulting from your inability to keep your password secret.
Updating your personal information: All personal information concerning your account must be kept up-to-date and you must ensure that the e-mail address provided is valid at all times. In order to list and sell items on Artefaks, a valid credit card number must be available at all times.
Transferring an account: You cannot sell, lend or transfer your account to a third party. If you register as a group or a business, you must guarantee that you have the authority to enter into agreements in the business’s or group’s name.
Right to refuse service: Artefaks reserves the right to refuse its services to any members who do not comply with these terms and conditions or with any other of the policies and rules listed above. Furthermore, Artefaks reserves the right to suspend or disband any accounts that do not comply or are inactive without warning or refund.
Becoming a member of Artefaks and opening a boutique on its site is free of charge until further notice. Artefaks charges fees for listing items for sale, as well as a percentage of the sale price (before taxes and shipping fees) when the article is sold. When you list an item for sale, you have the chance to review your choice and accept the fees charged or not.
Artefaks's Pricing Policy is subject to change and is an integral part of this agreement, accessible via this link. Any changes made to the pricing policy will take effect in fourteen (14) days after a notice on this subject is posted on the site. Artefaks may also lower prices in its pricing policy temporarily for a special event or promotion. Artefaks may, as it sees fit, change some or all of its services at any time. In the event a new service is introduced, the fees related to this service will take effect when the service is launched. Unless otherwise stated, all fees for Artefaks’ services are posted in Canadian dollars (CAD).
You agree to pay all fees that are the result of your using Artefaks. Artefaks keeps the user’s valid credit card number and automatically charges listing fees to the card through Caledon card services. Artefaks also automatically charges service fees (the percentage charged on sales) once a user-buyer confirms his/her intention to acquire an item based on the conditions mentioned herein.
If Artefaks suspends or disbands your account, if you cancel your own account or remove an item listed before the term has expired, or if for whatever reason the fees agreed upon have not been paid, you are required to cover all unpaid fees plus any penalties (if applicable).
For any questions concerning pricing or to contest a bill, please contact Artefaks by writing to service@artefaks.com or by calling our customer service at 514-303-3287, from Monday to Friday, 9:00 a.m. to 5:00 p.m. (Eastern Standard Time).
Content of listings: When listing an item for sale on Artefaks, you guarantee that this item and all aspects of your business practices comply with Artefaks’ terms and conditions and policies. You also guarantee that you are legally authorized to sell this item.
You must provide an exact description of the item for sale and post your sales, return, refund and shipping policies in your boutique. The description of your item cannot only contain text, links, images or photographs related to the item. The item for sale must also be listed under the appropriate category and be associated only with the appropriate tags.
All listings must contain an exact description of the item or items for sale. Listings offering several items (more than one) for sale must only contain identical items. Every unique item or batch of identical items must be displayed under its own listing.
Doubling up listings, i.e., having multiple listings for the same item (or batch of items) with the purpose of maximizing visibility on the site is prohibited.
Artefaks reserves the right to cancel multiple listings without refund.
Sales, return, refund and shipping policies: All user-sellers must post their sales, return, refund and shipping policies in their boutique or in each listing if these vary from item to item. This policy can include details about your methods of shipping, returns, refunds, how you set prices, etc. User-sellers agree to create sales, return, refund and shipping policies that are reasonable and to respect them. User-sellers are responsible for applying their own policies.
Artefaks reserves the right to ask a user-seller to modify his/her sales and shipping policies upon request, failing which Artefaks may suspend or disband the user-seller’s account without refund.
Agreement for sale: All listings are considered agreements for sale based on the conditions indicated. The user-seller must therefore ship the item, which has been sold and paid for, within a reasonable timeframe and according to the conditions indicated. The user-seller must be sure to have the item in stock or be able to produce it in a reasonable timeframe and have the legal capacity to sell the item that has been sold.
Only the following circumstances can release the user-seller from this responsibility: 1) the user-buyer fails to make his/her payment or requires an exemption from the sales and shipping policy set out by the user-seller; 2) the user-seller does not have the necessary information in order to ship the item.
Fraud and fee avoidance: The price of an item, as indicated in a listing, must reflect the true sale price. Sellers can only charge reasonable shipping fees in order to cover the cost of packaging and shipping the item sold. The user-seller cannot charge excessive fees for shipping or perform any type of manoeuvre to avoid paying listing or service fees (the percentage charged on sales) required by Artefaks. The user-seller cannot change prices after the sale or charge the user-buyer a price higher than that posted. Any manoeuvre or tacit agreement made between the negotiating parties in order to avoid or minimize the payment of fees required by Artefaks is strictly prohibited. In such a case, Artefaks declines all responsibility with regard to the negotiating parties should there be any disagreement, non-payment or non-delivery of the article, and reserves the right to refuse services to either of the parties.
You are the only one responsible for the content (e.g., data, text, information, user name, photographs, images, graphs, video or audio clips, art products or hyperlinks) and the practices linked to using your Artefaks seller account.
Furthermore, you cannot list an item on Artefaks whose transaction (complete or partial) via its website would cause Artefaks to break a law or regulation in force.
Artefaks does not exercise any control over the content provided by its users. It is possible that you may find some content to be offensive, inexact or misleading. Some users may represent themselves in a fraudulent manner. It is also possible that you may do business with minors or non-eligible users. By using Artefaks, you accept these risks and you agree not to hold Artefaks responsible for any damage, loss or lawsuits that could arise following a transaction carried out in good faith based on erroneous or fraudulent content.
Other sources: Artefaks is not responsible for the content or availability of other websites whose links are posted on Artefaks.com by its users. Artefaks does not endorse nor is responsible for the content, products, services, advertising or material presented on these sites.
You release Artefaks from all responsibility regarding damage and losses that could be incurred after visiting or using one of these sites, products or services.
Copyright: Artefaks does not claim any property rights on your content. However, in posting content on the site, you grant Artefaks permission to broadcast your content so that Artefaks does not, in any way, violate your copyright, broadcasting or property rights.
Broadcasting rights: You grant Artefaks the non-exclusive, worldwide, perpetual, irrevocable rights, without royalties, to broadcast (with credits mentioned) your content on its site, in its newsletter and its advertising and self-promotion tools. You also agree that Artefaks may distribute your content to the media for editorial use only (not for advertising or commercial use) with credits mentioned.
You also grant Artefaks the right to store, reformat (without damaging the integrity of the work of art) and use your content on its site or in its newsletter without restrictions.
Rights to use personal information: In exchange for a transaction, the user-seller has access to the user-buyer’s personal information (first and last name, address, e-mail, etc.).
The user-seller is not authorized, without having obtained prior consent, to use this information for any purposes other than to complete the transaction. Therefore, the user-seller cannot use this information to draw up e-mailing lists or solicit user-buyers in any way.
Rebroadcasting rights: It is possible that a third party may rebroadcast your content without permission on a website, a blog or in any other manner. You agree not to hold Artefaks responsible in the event of a dispute regarding such use. In addition, if you post content (images) stored on Artefaks on another site, you must link this content with its Artefaks’ page.
It could occur that some users confirm their intention to purchase an item, but fail to make their payment. In such a situation, we ask you to contact Artefaks as soon as possible by writing to service@artefaks.com or by calling our customer service at 514-303-3287 from Monday to Friday, 9:00 a.m. to 5:00 p.m. (Eastern Standard Time).
Artefaks cannot be held responsible for the non-payment of an item for which a buyer has stated his/her intention to purchase. Artefaks shall not commit to obtaining the payment or following up with the user-buyer for non-payment. Artefaks shall not refund any service fees charged when the buyer has confirmed his/her intention to purchase.
Artefaks’ company name, logo, design, pages, buttons, banners, codes and slogans are the property of Artefaks Reg’d. These elements cannot be used, in whole or in part, in a company name, domain name, Internet address or in relation with a business, product or service so as to create confusion or claim a false affiliation with Artefaks.
Should Artefaks suspect that a user does not comply with these terms and conditions or any other of its policies or guidelines, Artefaks reserves the right, after attempting to clarify the situation and issuing a warning, to suspend or disband an account without refund. Artefaks’ decision shall always be accompanied by an explanation, but is definitive and without appeal.
Artefaks never refunds packages cancelled by the user-seller before their expiry date or when the items available for sale run out. Artefaks does not refund a proportion of the unused part of packages cancelled before they expire or that are not used.
Service fees on sales (the percentage charged on sales) are charged as soon as a user-buyer confirms his/her intention to purchase, independently of whether or not the transaction has been completed (paid). No refunds are given under the pretext that the user-buyer failed to make the payment, except under certain circumstances.
Exceptionally, Artefaks will agree to reconsider requests from user-sellers who have been victims of a malicious manoeuvre or who were charged substantial service fees without the transaction being carried out.
To report an incomplete transaction, write to service@artefaks.com or call our customer service at 514-303-3287 from Monday to Friday, 9:00 a.m. to 5:00 p.m. (Eastern Standard Time).
Artefaks reserves the right to terminate its activities or any of its services at any time and for any reason.
To report an incomplete transaction, write to Privacy Policy, Artefaks reserves the right to use some information to promote its services and activities or to promote its partners.
Artefaks cannot guarantee constant access to its site. It is also possible that some functions will not always work optimally. Artefaks cannot be held responsible for problems that do not result from poor management on its part or from events out of its control.
You and Artefaks are independent contractors. No partnership, franchise or employment relationship is created by this agreement.
Making claims to Artefaks: If you have any complaints or claims, contact Artefaks by writing to service@artefaks.com or by calling our customer service at 514-303-3287 from Monday to Friday, 9:00 a.m. to 5:00 p.m. (Eastern Standard Time).
In the event of disagreement between you and Artefaks, any official communication should be addressed to:
Alexandra Daris
Artefaks Reg'd.
165, ch. Côte-Ste-Catherine, Suite 603
Montréal (Québec) H2V 2A7
CANADA
Complaints regarding another user: If a conflict arises between you and another user, contact Artefaks by writing to service@artefaks.com or by calling our customer service at 514-303-3287 from Monday to Friday, 9:00 a.m. to 5:00 p.m. (Eastern Standard Time). Artefaks will make every effort to help you resolve this problem.
Artefaks does not however promise to be able to solve this conflict and cannot be held responsible for any damages or losses suffered as a result of this conflict. In the event that the parties do not reach an agreement, Artefaks invites the parties to submit their conflict to the appropriate authorities.
Artefaks is a company registered in Quebec (Canada). As such, the company must comply with the laws and regulations in force in this region. Any legal recourse with Artefaks must be presented to the competent authorities of this region.
Artefaks’ services are offered by Artefaks Reg’d., a company registered in Quebec, located at 165, ch. Côte-Ste-Catherine, Montréal (Québec) H2V 2A7 CANADA. You may obtain a copy of these terms and conditions, (including the terms, conditions and regulations cited through the hyperlinks in the document) by writing to service@artefaks.com, making sure to include a valid return e-mail address
© ARTEFAKS 2010 //