Terms and Conditions
These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork (Artwork) owned by a person registered with ArtAttack Europe (ArtAttack Europe, we, us, our) under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.artattackeurope.com (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.
ArtAttack Europe is incorporated in The Netherlands. Our registered number is 24420679. Our principal activity is the subscription for displaying authentic Artworks for sale by artists. Commission on sale is not our core business but can always be requested.
If you have any questions, concerns or complaints, you can email ArtAttack Europe at firstname.lastname@example.org.
As soon as we receive any complaint, action will be taken to rectify the problem. If you contact ArtAttack Europe by post or email we will reply by email. If we need a little time to investigate we will let you know.
Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:
- Seller Plan Subscription: The monthly subscription to one of the Seller Plan Subscriptions set out in the plan selection page within Seller’s shop management portal.
- Listing: The page and its contents on which an Artwork is offered for sale by a Seller on the Platform.
- Content: Any text or imagery contributed to and hosted on the Platform
The below is a list from which you can access all documents and policies referred to in these terms, which should be read carefully.
- Why Sell on ArtAttack Europe
- Apply to sell
- Restriction on what can be sold
- Subscription plans
Please note that your general use of the Platform as a visitor and buyer is additionally governed by ArtAttack Europe’s Terms and Condition of Use.
ArtAttack Europe reserves the right to alter these Terms or other Platform policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this Platform.
These Terms are governed by the laws of The Netherlands and you agree to submit to the exclusive jurisdiction of the courts of The Netherlands with respect to your relationship with ArtAttack Europe.
It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.
You must be over 18 years of age to become a Seller on the ArtAttack Europe Platform. By accepting these Terms you represent and warrant that you at least 18 years of age.
You additionally warrant that all information you provide to ArtAttack Europe, including but not limited to your name and country of residence, is accurate, truthful and kept up to date subject to any change.
When we accept your application to register on the Platform as a Seller, we set up a data account for you in our systems (Artists Account) that includes your level of Seller Plan Subscription, details of each of your Artwork and issue you with certain credentials with which to log-in to your Account (Passcodes). The Artist Account does not hold any funds.
Each time you seek to access the Artist Account we will ask for Passcodes. As long as the correct Passcodes are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in this clause 2.2. You must therefore keep the Passcodes secret and make sure that they are not stored in a way that enables others to impersonate you. If you disclose the Passcodes to any person that you authorise to access the Artist Account, you are also responsible and liable for any access, use or misuse or disclosure of your Passcodes or Artist Account by such person.
We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Platform is being used for an illegal purpose.
Unless and until you notify us by email to Question@ArtAttackEurope.com that you believe someone else knows the Passcodes or can use the Artist Account by impersonating you:
- (a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
- (b) we will not be responsible for any unauthorised access to confidential information about you in the Artist Account.
We will do all that the Service Provider reasonably can to prevent unauthorised access to Artist Account.
You, not us, shall be responsible for (a) compiling and retaining permanent records of all Sales and other data associated with the Artist Account and your use of the Platform, and (b) reconciling all payments in relation to the Sales. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or the Artist Account.
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on ArtAttack Europe or are consignor of such Artworks as directly authorised by their creator.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.
All Artworks represented for sale on ArtAttack Europe must be one-of-a-kind or limited edition original artworks with a maximum edition size of 150. All Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
You acknowledge and agree that you are solely responsible for all Artwork Content you upload to ArtAttack Europe. You may not upload Artwork Content or any other materials which ArtAttack Europe reasonably believes to be:
- offensive, including material that incites racial hatred or promotes discrimination;
- obscene or pornographic; or
- materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
ArtAttack Europe reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.
2.6 How and when are ArtAttack Europe permitted to use my content?
By registering and becoming a Seller and uploading Artwork Content you grant ArtAttack Europe a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and Platforms) in any media now known or not currently known.
This right and license is solely for the purpose of enabling ArtAttack Europe to use your content for the promotion of the Platform. ArtAttack Europe does not claim, and so may not violate, ownership rights in your Artwork Content.
You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.
It is Artist’s responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, ArtAttack Europe reserves the right disable the artist account for the Platform without refund.
The price stated in each of your Artwork Listings ( Price) must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.
ArtAttack Rotterdam brings the artlover (Buyer) and Artist (Seller) together and is not responsible for transport, invoices, damage during transport or any other form of disagreement.
After the first contact with a potential buyer, it is up to the seller to proceed with the sale. Think of the price agreement, invoicing, transport and possibly insurance. ArtAttack Europe can facilitate this upon request.
For this service, we do use a commission on sale. For questions about this send us an email: Question@ArtAttackEurope.com .
It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the Platform. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. ArtAttack Europe will not be liable for any losses incurred as a result of inaccurately quoted rates.
ArtAttack Rotterdam brings the artlover (Buyer) and Artist (Seller) together. It is ArtAttack Europe’s responsibility to review and publish the artworks on offer. ArtAttack Europe has the right to reject applications from artist. ArtAttack Europe is responsible for monitoring the price and quality ratio. We will regularly bring the published works to the attention of potential buyers. We also expect this from Artists to achieve the goals together.
ArtAttack Europe will ensure that the artworks are clearly visible online on contemporary devices. We will handle complaints from both the buyer and the seller carefully. And where necessary, take measures in the event of violations. We advise both the buyer and seller to adhere to the prescribed rules of this Platform. We both advise both the artist and the buyer to sign a purchase agreement with each purchase.
ArtAttack Europe can facilitate in the sail handling. For this service, we do use a commission on sale. For questions about this send us an email: Question@ArtAttackEurope.com .
The sales handling is in principle done outside of ArtAttack Europe. In a dispute it is up to the Artist to handle this with care. We will also carefully investigate any customer complaints about sales. Complaints can lead to the removal of an artist from our Platform or the banning of a user.
ArtAttack Europe is not responsible for sales handling. With returns, the agreements in the sales agreement between seller and buyer apply. Both parties are advised to use an art sales agreement when selling, in which agreements are unambiguously laid down. You can contact us for questions about agreements to be made.
ArtAttack Europe is not responsible for sales handling. In the case of transport damage, the rules laid down in the sales agreement between seller and buyer also apply. Both parties are advised to use an art sales agreement when selling, in which these agreements are unambiguously laid down. Do you, as a buyer or seller, need help with a transaction? You can contact us for questions about agreements to be made.
ArtAttack Europe is not responsible for sales handling. In the case of lost in transport, the rules laid down in the work of art agreement between seller and buyer also apply. Both parties are advised to use an art sales agreement when selling, in which these agreements are unambiguously laid down. Do you, as a buyer or seller, need help with a transaction? You can contact us for questions about agreements to be made.
5.1 Are there any upfront fees charged on opening an account on ArtAttack Europe?
You may list Artworks for sale on ArtAttack Europe in accordance with your Seller Plan Subscription. Your monthly Seller Plan Fee payable to ArtAttack Europe is determined by your Seller Plan Subscription.
When your Artwork is sold to a Customer introduced to you through ArtAttack Europe, ArtAttack Europe will not charge you any commission or fees. Commission on sale only applies if the sales handling has been done by ArtAttack Europe at the request of the artist.
Commission on sale only applies if the sales handling has been done by ArtAttack Europe at the request of the artist. ArtAttack Europe handles a sale only at the request of the artist. Separate agreements are made for this. Normally, no commission is charged on the sale of artworks.
ArtAttack Europe may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.
6.2 How can I cancel my ArtAttack Europe account?
You may request deletion of your ArtAttack Europe Account by email. On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 7 working days.
In no event will ArtAttack Europe be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.
Throughout the Platform, you may find links to third party websites. Please note that ArtAttack Europe is not responsible for the privacy policies or content of third party sites.
ArtAttack Europe is a venue and provides an online Platform for Artists and Art only. The Platform are provided on an “as is” basis. ArtAttack Europe makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.
ArtAttack Europe shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.
Without limiting the foregoing, ArtAttack Europe’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.
You hereby indemnify ArtAttack Europe and keep ArtAttack Europe and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of ArtAttack Europe), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.
These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.
Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.
These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.
These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of The Netherlands and the parties submit to the exclusive jurisdiction of the Dutch courts.
Posting hateful, racist, fascist, threatening, sexually motivated, derogatory, defamatory or shocking messages and images is undesirable and may have consequences for participation in this Platform. Also, do not place personal information from third parties (such as name, address, telephone number, etc.) on the Platform.
Do you come across a message that you find offensive or does not meet the rules? Then you can always report this to us via our email address (email@example.com). Our moderators have the right to close or remove messages with or without a reason.
Advertising for yourself, advertising, link building, chain letters, pyramid schemes and job applications are inappropriate and not permitted. This also includes linking to your own website which has a commercial interest. Creating an account for the (sole) purpose of placing backlinks or other forms of link building in the profile or signature is also not permitted.
ArtAttack Europe is a moderated Platform. Moderators test reviews and profiles against the forum rules and have the right to change or delete posts and profiles at any time. Upon removal due to misuse of paid account there will be no refund given.
Moderators try as much as possible to apply the forum rules in a uniform manner to all posts and comments, but take into account the fact that moderators are also human.
In the event of repeated violations by an account, user, or from a certain IP address, the account, the user and / or the IP address will be banned.
A review can be placed on every published artwork on ArtAttack Europe. Reviews that do not comply with these terms and conditions will be removed from this Platform.
When posting a review, account must be taken of the privacy and rights of third parties. Do not simply post names or other information that can be traced to people without their permission. This also applies to general visitors who want to post a review.
Also, do not place images, texts or other attachments on which copyrights, portraits or other rights may rest unless you have the express permission of the copyright holder.
LEGAL INFORMATION [GDPR AND COOKIE LEGISLATION]
ArtAttack Europe strives to conform as much as possible to the applicable national and international laws and regulations. This applies in particular to the possible storage and management of personal data. Only the necessary data will be processed for the functioning of ArtAttack Europe.
In particular, the ArtAttack Europe organization will provide you with your personal data and other information:
Do not sell, pass on or pass on to third parties; Never use for commercial purposes.
ArtAttack Europe asks for personal information when registering (such as your name, a working e-mail address). You decide how much you want to release and you can change or delete this information at any time in your account profile.
The cookies are used to make your visit to the forum more personal. With the help of these cookies, your personal settings are guaranteed and the messages that you have already read are recorded. It is possible to disable cookies, but accepting cookies makes using the forum easier for you.
ArtAttack Europe uses the well-known Google Analytics (GA) to analyze the visit to ArtAttack Europe. Inherent in this is that Google also automatically has access to the metadata that GA collects. Third parties can also collect data from that software regarding your surfing behavior. This can apply to:
• Loading of GoogleFonts
• External videos that are embedded in the video section
• Externally hosted images
• Links in forum posts
If you do not want your data to be used for this, consider using tools such as ublock, purify (iOS9) and adblock.
New reviews are posted directly on the forum boards without prior assessment by ArtAttack Europe, therefore ArtAttack Europe cannot be held responsible for any infringing, incorrect or incomplete information, software or other materials that are found through the pages of others.