TERMS AND CONDITIONS OF SALE TO THE BUYER
Artesque is an intermediating platform through the Art Salon 2018 (“Exhibition”) and www.artesquemy.com (“Website”) or all related platforms. Artesque does not become a contractual party to the sale.
This Exhibition allows the Artist to offer and sell listed Artwork(s) to the Buyer in a variety of pricing formats, point of sales for the Buyer to purchase the listed Artworks.
Artesque has no control over and does not guarantee the content or listings and shall make its best effort to provide information as accurate and timely based on the Artist’s information provided as the final authority for the Buyer’s information.
These Terms and Conditions accompany the Purchase Order attached hereto as if fully written therein and are binding to all parties. The Purchase Order constitutes an offer by the Buyer as referenced on the Purchase Order to Artesque. The offer shall be deemed accepted by Artesque signature of acceptance on the Purchase Order.
By purchasing products from the Exhibition (Art Salon 2018) and/or “www.artesquemy.com” (website), the Buyer agrees to the following terms and conditions of sale.
1. Warranty: Artesque hereby warrants that the Artists as listed here created the Artworks and that the descriptions are true and accurate to the best for Artesque knowledge.
2. Copyright: All artwork is the exclusive property of the Artist and is a mutually agreed transaction between Artesque, the Artist and the Buyer. The Buyer understands and agrees that the copyright (the “Copyright”) to the Artworks are retained by the original artist compiling the Product, and that the transaction contemplated herein is not a sale or license to the Copyright to Buyer. Buyer agrees not to reproduce or copy the Product.
(1) Prices shown are in Ringgit Malaysia (RM) and are nett of taxes. Prices does not include delivery and handling charges. Prices are subject to change.
(2) Images of products shown without any advertised price beside that image are not offered for sale.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4.) Except where noted otherwise, the list price displayed for products on our website and Exhibition represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items may be incorrectly priced. In the event of a discrepancy in the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
(5) We reserve the right to correct any errors published on the website or at the Exhibition.
4. Ordering On the Buyer confirming their order, the Buyer agrees to pay a security deposit for the booking of the Artwork. Artesque will reserve the Artwork per agreed indicated days until full payment is made by the Buyer.
5. Booking & Cancellation Artesque requires a RM200 cash deposit from the Buyer at the time of booking & Balance of full payment due on stipulated timeline within the Purchase Form. The purchase shall not be subject to cancellation by Buyer within the stipulated timeline instructed by Artesque, unless with the exceptiong of Artesque advance written consent in agreeing to a cancelled purchase.
6. Delivery Artesque will arrange for pick up date of the Artwork with the Buyer after full payment is received for the products. Artesque will not include additional shipping charges, framing or any other additional request unless a price quotation is provided and agreed by the Buyer.
7. Non-claimed products If the Buyer has purchased artwork and are returned to Artesque by a different a person other than the Buyer, if Artesque cannot, despite reasonable efforts, contact the Buyer with the contact information provided or the Buyer does not contact Artesque within 1 month of products being returned to Artesque, then ownership of the products will revert to Artesque and back to the Artist.
8. Delays The Customer agrees not to hold Artesque for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
9. Passing of risk and ownership Ownership of Artworks purchased by the Buyer shall pass to the Buyer on picking up the artwork at the delivery time. This does not constitute the transfer of Copyrights which shall remain solely with the Artist (Clause 2).
10. Returns and Refunds. Refunds or returns will not be accepted if the customer decides they do not like the artwork after it has been purchased in full.
11. Limitation of liability
Artesque shall not be liable to the Buyer for refunding the price of products or replacing or exchanging products that the Buyer purchases, other than as set out in these Terms & Conditions of Sale.
Artesque shall not be liable to the Buyer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use, or performance of products or services that the Buyer purchases through Artesque.
12. Protection: If Artesque identifies that the Buyer is abusing Artesque and its affiliates in any of the ways that could potentially harm all parties involved, including but not limited to, posting false, misleading, defamatory, or libellous content, harvest or collect data information without Users consent, infringing the copyrights, trademark or other intellectual property right of the Artwork, Artesque may, in its sole discretion, take steps to prevent and mitigate such abuse such as terminating to Artesque services associated with the Buyer or with legal action to be taken.
13. Disclaimer and Indemnity: To the extent permitted by law Artesque excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
a) errors, mistakes or inaccuracies on the website;
b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
c) personal injury or property damage of any kind resulting from your access or use of the website or visiting the Exhibition;
d) any unauthorised access to or use of the websites secure servers;
e) any interruption or cessation of transmission to or from the website;
f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
g) the quality or fitness for any purpose of any linked sites.