Last update: April 29, 2021
These terms and conditions constitute a contract between the user of the Platform (hereinafter "you" or the "Customer") and the operator of the Platform, Plateforme Artasiam Inc. (hereinafter "Artasiam" or "we").
1. The Platform
The Platform allows artists (the "Artists") to sell their works ("Work(s)") through an online sales space integrated to the Platform.
2.1. Order confirmation
No binding contract exists between you and Artasiam or the Artist until we accept such offer by way of a confirmation email and by charging your method of payment.
We try to keep the inventory of Works offered through the Platform up to date, but it is possible that a Work may no longer be available despite the confirmation of an order. We may cancel any order, even if it was confirmed through a confirmation email, and even if the order has already been charged to your method of payment.
In the event that your order cannot be approved or was canceled, we will refund all fees paid using the method of payment used and nor we nor the relevant Artist will have any further obligation towards you or be liable for any damages you may suffer due to the unavailability of a Work or the cancellation of your order.
We use reasonable efforts to display accurate prices for the Works on the Platform. We reserve the right to rectify obviously erroneous prices, even after a transaction is placed.
Displayed prices for the Works do not include applicable sales tax and delivery fees which will be added to your total before you confirm your transaction. These additional charges may vary depending on your place of residence and the area from which the Work is shipped.
We generally accept payment by PayPal and credit cards (Visa, Mastercard, American Express) but these payment methods are subject to change without notice. Payments are processed by third party partners and we do not store any sensitive credit card information.
Credit card payments must be authorized by the card issuer. When you place an order on the Platform, your payment will be pre-authorized, and the amount will be blocked on your credit card until we confirm the transaction. Your card will be charged before the Works is shipped.
All refunds of any kind are made using the original method of payment.
2.5. Holding of Funds
You agree that (i) funds held by Artasiam on behalf of either party will be deposited in a separate account administered by Artasiam for the purpose of facilitating the disbursement and accounting of monies owed, but that such account will be held and controlled by Artasiam, (ii) that Artasiam's role with respect to the deposited funds is merely administrative and that Artasiam is not acting in a fiduciary capacity, but solely as agent, (iii) that Artasiam shall be the sole beneficiary of the interest, income and benefits generated by the deposited funds held pursuant to these Terms of Service, (iv) that Artasiam will not voluntarily make funds held for Artists or Customers available to its creditors, (v) Artasiam reserves the right, in the event of a dispute between a Customer and an Artist, to deposit the disputed funds with a third party or with a court of competent jurisdiction and (vi) Artasiam may set off any amount owed by you to Artasiam in connection with your use of the Platform against any amount to be remitted or refunded by Artasiam to you.
2.6. Artists’ Responsibilities
When you make a purchase through the Platform, you acknowledge that Artasiam does not inspect the purchased Works prior to shipping and that Artasiam is not responsible for the delivery of the Works or the time frame in which the Works are delivered.
If a Work purchased on the Platform cannot be delivered by an Artist for any reason, if the Work you receive does not conform to the description on the Platform or if the Work is damaged during transport, your only recourse is to obtain a refund for all fees paid to Artasiam, provided that any Work delivered to the Customer is returned to Artasiam or to the Artist, at Artasiam’s option and expense.
Shipping and delivery of the Works is managed by the Artists. You will receive a confirmation of shipment and tracking information by email and in your Artasiam account.
Ownership title to a purchased Work and the risk of loss of a purchased Work shall pass on to you upon delivery confirmation by the delivery courier.
If a Work is returned to the Artist for reasons attributable to you, including if you submitted the wrong address, if you refuse delivery of a Work or if you fail to retrieve a package held at a pickup location, you will receive a reimbursement for the purchase price minus the return shipping charges and the shipping fees will not be reimbursed.
When delivery is deemed complete, Artasiam will send you a notice by email (at the email address used to make your purchase) stating that Artasiam records show that the delivery of your purchased Work as been completed. Upon receipt of this notice, you have 5 days to submit a dispute in writing if :
- the delivery was not completed;
- the Work is substantially different (minor discrepancies are normal) from the description or pictures shown on the Platform;
- the Work was damaged on arrival;
Please note that the Platform does not offer a “satisfaction guaranteed” or similar return policy. You cannot obtain a refund because you changed your mind about a purchase.
Any dispute notice shall be sent to firstname.lastname@example.org and include the following information:
- Your name, phone number and order number;
- Detailed statement of your claim if concerning damage, along with pictures if possible;
At the expiration of the 5-day period after the delivery notice is sent to your email, you shall be deemed to have accepted delivery of the Work and shall have no further right to make any claim with regard to the Work or any right to obtain a refund, except as strictly provided by applicable law.
5. Customer Account
To use the Platform as a Customer, you may create an account (the "Customer Account").
Any person who is at least eighteen years of age or the age of majority in their jurisdiction may create a Customer Account. By creating a Customer Account, you warrant to us that the information entered to create your Customer Account is true and accurate.
You are entirely responsible for the use of your Customer Account and any actions taken from your Customer Account. You may not share your Customer Account with any other person or entity and you must keep your password confidential at all times.
6. Accuracy of Content
Information pertaining to the description, price and availability of Works offered through the Platform is accurate to the best of our knowledge, but we make no warranty as to the accuracy or exactitude of such information. We are not responsible for any damages or inconvenience suffered as a result of the inaccuracy of the information available on the Platform.
7. Access to the Platform
You are not allowed to access the Platform by automated means (crawlers, bots, etc.).
8. Intellectual Property
8.1. Our Content
You acknowledge that Artasiam owns or is duly licensed to use all content available on the Platform, including all text, images, designs, videos, sounds and source code.
You may share certain content on social media platforms, but only by using the sharing features provided on the Platform or by linking to the website hosting the Platform.
By purchasing a Work, you do not acquire any additional intellectual property rights other than the rights that are conveyed through the purchase of the physical embodiment of the Work.
Unless specifically stated, the Artists retain and do not waive their moral rights about all Works. Purchased Works remain subject to any such rights, including the right of attribution and right to integrity of the Work, if applicable.
If you choose to communicate with us about improvements to the Platform or about new products and services (we will refer to these communications as "Feedback"):
- we shall be entitled to use the Feedback without restriction, without any obligation to consult with you or to compensate you;
- you irrevocably assign to us all right, title and interest you may have in and to the Feedback and waive all moral rights in the Feedback;
- you warrant to us that your Feedback do not contain confidential information that you are not authorized to disclose.
9. Privacy and Personal Data
We collect personal information when using the Platform in order to process your orders and for analysis and statistical purposes as well as to allow exchanges between Artists and Customers.
10. Prohibited Use
You may not use the Platform for any purpose that is unlawful or prohibited by these Terms and Conditions.
Without limiting the generality of the foregoing, you are prohibited from, among other things, making any use of the Platform or allowing any third party to make any use of the Platform that:
- is unlawful, infringing, harmful, threatening, tortuous, defamatory, libelous, abusive, obscene, invasive of another's privacy, hateful, fraudulent or malicious;
- disseminates or promotes the dissemination of pornographic content;
- harasses or advocates harassment of another person;
- involves the transmission of unwanted junk mail, or mass e-mails (spam);
- involves sending any malicious computer code, virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism;
- encourages illegal activities or conduct;
- solicits passwords, or personally identifiable information for commercial or illegal purposes from other users;
- interferes with or disrupts the functionality of any website or any server or network involved in the operation of the Platform;
- systematically collects or "harvests" from the Platform the names or other information about other users of the Platform; or
- violates any applicable local, state or national law or regulation.
11. No Warranty
Your use of the Platform and the Services offered through it is entirely at your own risk. The Platform and the Services offered through it are provided "as is" and, to the extent permitted by law, without warranty of any kind, whether express, implied or implied.
We do not warrant that access to the Platform and the services offered by or through it will be uninterrupted or secure or that the content available through the Platform will be error-free, accurate, complete or current. We do not warrant the results obtained from the use of the website or the Platform or the accuracy or reliability of any information obtained through the website.
We do not warrant that material downloaded through the Platform is free of viruses or other destructive code that may damage or contaminate your computer equipment or other property. We will not be liable for any damage to your computer system or loss of data that may result from the download of any data or materials from the Platform.
Unless specifically state on the Platform, Artists do not provide any warranty with respect to Works.
12. Limitation of Liability
This provision is not applicable to Quebec consumers where damages are suffered due to Artasiam’s act or fault.
To the fullest extent permitted by law, Artasiam will not be liable for any damages or injury of any kind that you may suffer in connection with your use of the Platform or as a result of your inability to use the Platform.
This limitation of liability includes, but is not limited to, loss of profits, loss of opportunity, property damage, equipment failure, disclosure of confidential information, penalties, fines and expenses that may be incurred or suffered by any user of the Platform as a result of their use of the Platform.
You agree to indemnify, defend and hold harmless Artasiam, its affiliates, directors, officers, shareholders, employees, agents and licensors from and against any and all damages, claims, liabilities, losses, expenses, claims, fines, penalties, costs and liabilities, including reasonable legal fees and expenses, arising out of:
- your failure to meet your obligations to an Artist.
14. Duration and Termination
This agreement shall remain in effect for as long as you use the Platform and shall apply to all your transactions made through the Platform.
14.2. Effect of Termination
The termination or expiration of this agreement for any reason does not affect your or Artasiam’s rights and obligations with respect to any transaction conducted through the Platform.
The obligations of the parties which by their nature survive the termination of this agreement shall survive the expiration or termination of the Agreement without time limitation or for the period provided herein.
Artasiam may assign any or all of its rights and obligations under this agreement.
15.2. Applicable law
These Terms and Conditions and all transactions related thereto shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
15.3. Dispute Resolution
This provision does not apply to Quebec consumers.
15.4. Autonomy of provisions
If any provision of these terms and conditions is for any reason held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remaining provisions hereof, and these terms and conditions shall be construed as if the invalid, illegal or unenforceable provision had never been part of them.