Terms of participation - auction of contemporary art

The terms of participation

Introduction

ArtsLand is an online resource for collectors and artists with elements of a Dutch auction, where the buyer sees the instant sale price (base price) and makes offers with which the seller agrees or notю ArtsLand provides online auctions and direct sales of contemporary art. ArtsLand publishes post-war and contemporary art in published categories and subcategories. Discover original paintings, prints and crafts of famous artists and masters. Each auction listing contains comprehensive information about a painting, sculpture, embossing, wood and bone carving, jewelry and antiques, including a detailed description, photograph and other information that will help you make a decision on bidding and buying.

Responsibility of the Parties

ArtsLand is a platform that allows users to offer, sell and buy works of art. ArtsLand does not own or sell items listed on this site; a sales contract is concluded directly between sellers and buyers. ArtsLand is a marketing platform that is not a party to sales between buyers and sellers. You acknowledge and agree that ArtsLand is not a seller. ArtsLand is a tool that helps buyers and sellers make deals. We do not own or inventory goods/products sold on the site.
The information provided on the Site regarding the lots offered for sale depends on the information provided to us by the Seller, who is fully responsible for the description. ArtsLand does not accept any responsibility or warranty for the status report or product description. Images cannot clearly show the condition of the lot. In particular, colors and shades may differ in print or on screen from how they look in real life. ArtsLand is not responsible for the quality of digital images. ArtsLand does not guarantee the availability, quality, safety or legality of advertised goods; the accuracy or accuracy of the content or lists of users; the ability of sellers to sell items; the ability of buyers to pay for goods.

Registration

You must register to bid on the Site in order to participate in our auction or make a purchase using the "Buy in one click" option.
For registration, you will be asked to provide the information requested on our registration page. Registration participants must be at least 18 years old to participate in an online auction or purchase. Taking into account your use of the Site, you agree to provide true, accurate, current and complete information about yourself as a Site User.
If you provide any Registration Data that is incorrect, inaccurate, not current or incomplete, or if we have reason to suspect that such Registration Data is incorrect, inaccurate, invalid or incomplete, we have the right to suspend or terminate your account and prohibit any current or future use of the Site.
We never share your data with third parties and always protect your privacy.

Conditions and purposes of processing personal data

ArtsLand processes the User's personal data in order to fulfill the contract between ArtsLand and the User to provide the Site Services (Agreement on the use of the ArtsLand.ru resource). By virtue of p. 5 p.1.st.6 Federal Law of July 27, 2006 No. 152-ФЗ (as amended on July 21, 2014) "On Personal Data" separate consent of the user to the processing of his personal data is not required. By virtue of p. 2 clause 2 of article 22 of the said law, the Site Administration has the right to process personal data without notifying the authorized body for the protection of the rights of personal data subjects.

Purchase/Sale

You can buy goods through the Site in two ways. Buying "Buy in one click" you can buy a lot at a fixed price, without bidding for a lot as in the case of an auction.
In the case of an auction, you can bid for the lot, and if the seller chooses you as the winner, you will become the buyer of the lot.
Your bid may be higher or lower than the base price. If you buy the item at the Buy Now price, these Terms will apply to you just as if you were a successful bidder. By clicking the "Pay" button on the "Cart" page, it will be considered that you have made an irrevocable offer to buy a lot at a price equal to the amount indicated as the current bid on this page.
If you become a winner, we will notify you of this by e-mail, and a binding contract of sale will be automatically concluded between you as the buyer and seller of the lot. The sales contract between the seller and the buyer is considered concluded as a result of the automatic awarding of the title of Winner.
Unless otherwise specified, all ArtsLand lots are offered at a base price. The base price is the price of the lot at which the lot is sold instantly and the auction is considered closed.
Along with the base price, the seller fixes a reserve price that is not visible to the buyer. The base price is higher than the reserve one and is the limit above which the sale of the lot goes from manual control by the seller to autonomous. If the buyer made a bid higher or equal to the base price, he automatically won the lot, which he can immediately pay.
If the buyer has made a bid below the base price, the seller decides on the final sale and the appointment of the winner of the auction.
The reserve price is the price below which bets are not accepted. The buyer does not see the reserve price and makes intermediate rates between the base and reserve prices.
Sellers are fully responsible for the accuracy of the description and price of works of art on the Site. ArtsLand relies on the Seller for such information and does not bear any responsibility for the description or prices of works of art on the Site provided by the Seller.
Due to the nature of the Internet, accidental interruptions, interruptions in service or errors can lead to inadvertent inaccuracies on the Site. ArtsLand has the right to correct inaccuracies or errors to which it pays attention, as well as cancel any purchases of Items that display an inaccurate price or description.

Obligations of the bidder/buyer

As a buyer, you agree not to buy any items found through ArtsLand services without using ArtsLand to complete the transaction. Otherwise, ArtsLand does not accept any complaints about the quality of the services provided. Placing a bid at ArtsLand.ru auction is a legally binding obligation. If you are a successful buyer, you agree to pay the amount of your bid plus all applicable taxes and shipping costs in the time and manner specified in the Auction Terms. Failure to make such a payment is considered a violation of this Agreement. Your electronic acceptance of this Agreement means that you have read, understood, acknowledge and agree to this Agreement.

User Wallet

For the convenience of settlements on the Site, a personal Wallet is provided.
Users use Wallet to pay for the paid services provided by ArtsLand. Replenishment of the account on the Site is made by the methods available on the site. Users can track the status of a personal account on the Site at any time.
The costs of paying commissions of banks and payment systems related to the payment of ArtsLand Services by Users are borne by the User. The user must carefully read the terms of payments when making transactions to pay for the Services.
The site administration is not responsible for changing the status of the User's personal account in connection with the actions of third parties.
In settlements between the Seller and the Buyer, it is possible to transfer funds from the Seller's personal account to the Buyer's account and vice versa on the Site.
To withdraw funds from the sale of works, an Escrow account is provided to which money from the sold works comes if the buyer and seller decide to use the Escrow secure transaction.
The withdrawal of funds in the Wallet is possible on PayPal or to a personal bank account upon request. rArtsLand has a 15/30 rule you get paid for items sold on the 15th of every month, upon expiration of the 30 period-day period following the return period (3 days). The money is transferred to your attached PayPal account. Only funds received for the lots sold are subject to withdrawal. Funds received in the form of bonuses and gifts are not subject to withdrawal, but can be used as payment at auction and to pay for paid services of ArtsLand.

Secure Escrow Transactions

All settlements on ArtsLand are made using the secure transactions system Escrow - the entire amount of the transaction is deposited by the buyer to a reserve account.
Upon receipt of the goods, the buyer releases the deposit and the funds are transferred to the seller's savings account, which is to be withdrawn from the system.
Thus, the buyer is protected from illegal actions of the seller.

Terms of use

All users agree to protect, recover damages from ArtsLand's agents, suppliers, partners, contractors, representatives and affiliates from any claims, liabilities, losses, costs and expenses, including reasonable attorney fees, in any way arising from, related to (or in connection with) their use of the site, their purchase or sale of items, the nature or quality of items, their disputes with any seller in connection with the use of the site, their violation of any law, violation of these conditions or including, but not limited to ichivayas, any third party who claims that any information or materials provided in this site the user violates any rights of ownership of third parties.
All users of the site agree to cooperate as fully and reasonably as necessary to protect any claims.

Tender Termination

ArtsLand reserves the right to reject, withdraw or refuse to accept any bid at any time before, during or after any auction. ArtsLand reserves the right to resume sales or resume trading on any particular lot, if we consider it appropriate and reasonable. ArtsLand is not responsible for any such actions taken by us.

Tax laws

The user must comply with all applicable tax laws and regulations. The user is fully responsible for the consequences of providing any incomplete or incorrect information regarding his tax position and fully compensates ArtsLand for any claims of third parties, including tax authorities, for any damage and/or expenses arising or related to it.

Termination of access to the site and services

ArtsLand is not responsible to users or any third party for any direct or indirect consequences of any changes, malfunctions, suspension, termination or interruption of any of the Services. The User agrees that the functionality of the Service and the Online Platform are subject to change. ArtsLand has the right for any reason at its sole discretion to terminate, change, suspend or terminate temporarily or permanently any aspect of the Site or Services, including, without limitation, Content, features, database and opening hours, availability, without further notice. The user agrees that the ArtsLand auction may terminate the use of this Site and Services, unregister the user, delete your Messages if ArtsLand reasonably believes that you violated or acted inconsistently or violated the rights of ArtsLand or any third party or for any reason with or without notifications. You agree that ArtsLand Auction will not be liable to you or any third party as a result of this.

Service Availability

The user acknowledges and accepts special circumstances that may arise in connection with the online auction, and possible errors. This includes - but is not limited to the inability to access the Online Platform, in whole or in part, the inability to place a bet or to do so on time, or breakdowns or defects in the Online Platform or basic equipment, network connections or software. Maintenance work on the Online Platform or in the base system may also interfere with access, in whole or in part, or the ability to submit a request in a timely manner. ArtsLand is in no case liable for any damage caused to the User as a result of such technical problems or other errors.

Limitation of liability; Loss exclusion

Auction ArtsLand is not responsible for any lost data resulting from the operation of the Auction site, the provision of Services. ArtsLand urges all users to maintain their own backup versions of any Messages that they provide for sending to the Site or to the Services.
ArtsLand does not bear any responsibility for the actions, inaction and behavior of any users of the Site or Services or otherwise related to your use of the Site and/or Services. ArtsLand is not responsible for the products, services, actions or inaction of any third parties in connection with the Site or the specified Services.

Links to other sites

The site may contain links to third-party websites that are supported by support services that are not part of or affiliated with ArtsLand. These links are provided solely for the convenience of the user and are in no way supported by us. We are not responsible for the content of linked third-party sites, and we make no representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk.

Modification and revision of conditions

Auction ArtsLand reserves the right, at its discretion, to modify, modify, add or delete any part of these Terms, in whole or in part, at any time, and we will publish a revised version on the Site. Changes to the Terms come into force from the moment of publication. Your continued use of the Site and/or services offered on or through the Site after the publication of any changes to the Terms will be deemed acceptance of these changes.

Final provisions

This Agreement implies the conclusion of an agreement between the User and ArtsLand regarding the procedure for using the Site and its Services, and supersedes all previous agreements between the User and ArtsLand Company.
In the event of any disputes or disagreements related to the execution of this Agreement, the User and ArtsLand Company will make every effort to resolve them by negotiating between them.
The User is obliged to fully familiarize themselves with this Agreement before registering on the Site. User Registration on the Site means the complete and unconditional acceptance by the User of this Agreement.
This Agreement shall enter into force for the User from the moment he/she joins it and is valid for an indefinite period.

Latest revision June 06, 2021