General Terms and Conditions
All visitors (“user”, “you”, “your”) to the CULTUREINSIDE website at www.cultureinside.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and CULTUREINSIDE represented legally by Gate-C Sàrl, a Luxembourg registered company under the number RC B 64046 (“CULTUREINSIDE”, “CI", we”, “us”, “our”) and use of this website indicates acceptance of this agreement.
Our SERVICES are available only to, and may only be used by adults who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age. Our sale services is for individual artists selling their own art works under their copyright. It is no sales space for galleries, art dealers or any kind of group selling works of various artists. Galleries, art dealers have to contact CULTUREINSIDE. in this matter.
SALE OF ORIGINAL ARTWORKS & LIMITED EDITIONS
CULTUREINSIDE provides a place for a buyer (the "Art Buyer") to purchase original artworks online. The sale is directly between the SELLER / ARTIST and the ART BUYER. Our role is limited to making your sales listing on CULTUREINSIDE available and maintaining CULTUREINSIDE as an intermediary and not an agent for either the ART BUYER or THE ART SELLER. CULTUREINSIDE accepts responsibility for the proper use of funds deposited by Art Buyers and disbursed through CULTUREINSIDE, but does not accept responsibility for any negligence, misconduct or other inappropriate behavior by an Art Seller in connection with any sale transaction entered into on or through CULTUREINSIDE. Nor does CULTUREINSIDE accept responsibility for the delivery of or transfer of title to any Artwork purchased from you through CULTUREINSIDE.
If a customer decides to place an order of an original artwork and limited edition, we take care of the sales process. The sale service is based on an escrow model for selling original work and limited editions. The model is designed to protect both the buyer and seller. The money is put safely aside when the artist sells some work, it is held by us until both parties are satisfied. The buyer reserves a painting by paying 20 % of the sales price. CULTUREINSIDE checks the availability and shipment costs with the artist. Then the customer purchases the artwork by paying the remaining 80 % for the item plus the shipping costs. Our escrow system dispenses the shipping money to the artist and the artist then safely ships the work to the buyer. Once the buyer receives it, he acknowledges it and the rest of the money due is released.
SALE OF PRINT-ON-DEMAND PRODUCTS (OPEN EDITIONS) MANUFACRURED BY CULTUREINSIDE & PARTNER
If you or a customer decides to place an order of a Fine-art-print or related art product, CULTUREINSIDE will manufacture and deliver the physical product in the form specified by you or the customer (“the product”).
Any member may offer their art for sale on the website by appointing CULTUREINSIDE as their agent on the terms set out in the Agency Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Agency Agreement in Appendix A, which will apply from the date on which you offer your first PRINTS ON DEMAND for sale.
PURCHASE oF PRODUCTS
Purchasing a Product on CULTUREINSIDE Users can purchase products on the CULTUREINSIDE website using a valid credit card or the PayPal account. Checks are not accepted. Bank transfer on demand for original sales.
You have to be a registered member to purchase a product. The price you pay is fixed at the time of ordering. You may not cancel an order once it has been submitted.
It is the customer’s responsibility to ensure the product delivery address is correct. CULTUREINSIDE takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
We may also cancel an order if a payment is not received completely, a credit card or Payment refused by Paypal or if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.
We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s credit card or PayPal account for the amount in question.
DELIVERY (SHIPMENT) OF ORIGINAL ARTWORK / LIMITED EDITIONS:
Delivery will be organised between seller & buyer and will be paid by the customer at the price coounicated. Nor does CULTUREINSIDE accept responsibility for the delivery of or transfer of title to any original artwork/Limited edition purchased through CULTUREINSIDE.
WE RECOMMEND for shipment of original artworks and limited editions TO MAKE AN INSURED SHIPMENT.
DELIVERY (SHIPMENT OF PRINTS ON DEMAND (manufactured by CI): Delivery will be made by courier service and will be paid for by the customer at the price indicated at time of purchase. CULTUREINSIDE will also charge a handling fee, which will vary depending upon the size and price of the product.
Fine art print or related products: If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, a file does not download, a framed print has cracked, or there are loose or torn pages in a book) CULTUREINSIDE will happily issue a replacement copy of the product.
Please email CULTUREINSIDE customer service within 14 calendar days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at our cost.
Please be aware CULTUREINSIDE is a creator-controlled publishing service and we do not screen the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
Damaged originals / limited editions : If an original or limited edition arrives damaged, the work is covered by the insurance the customer has to take for the shipment. The customer will be reimbursed by CULTUREINSIDE, the artist will be paid within 14 days after the payment of the insurance agency.
The Artwork Sale - An order is deemed "accepted" by you and the sale is concluded between the Art Buyer and you when the confirmation is posted to the Art Buyer's account or the Art Buyer receives confirmation by e-mail that the Art Buyer's order to purchase the property has been accepted and confirmed by you.
Original Artwork Order and Deposit - After the Art Buyer agrees to pay the price for Artwork on CI, and by placing an order, the Art Buyer irrevocably agrees to pay at öeast a 25% deposit (the "Deposit") equal to the total purchase price ("Total Purchase Price") if you confirm the transaction. Total Purchase Price includes the agreed price of the Artwork on CI. Associate shipping/handling costs, insurance expenses, service charges, sales and use taxes, Internet sales taxes, VATs, export and/or import taxes and duties and all transactional taxes or levies and related to the purchase of each Artwork that you or CI are required to collect from the Art Buyer under applicable law. The Art Buyer irrevocably authorizes CI to reserve the Total Purchase Price amount of the order on the Art Buyer's credit card, Paypal Account or Bank information given to CI by the Art Buyer when placing the order; and to charge the amount of the Deposit to the Art Buyer's credit card upon confirmation of the sale by you.
CI will cancel the transaction if the credit card company rejects the Art Buyer's Deposit payment for any reason.
Original Artwork Delivery and Acceptance - After CI has received the Artwork's Total Purchase Price amount transfer from the Art Buyer, the artist will be notified to ship Artwork, and must notify CI when it is shipped. Shipping, crating, packaging and freight insurance are the responsibility of the artist. Artist will designate the crating/shipping/insurance companies. CI will immediately notify the Art Buyer of Artwork shipment. The Art Buyer will receive the art and is free to accept it or reject it.
After 7 days past Deposit receipt, CI will remind the Art Buyer to confirm purchase or reject the Artwork within the next 7 days. Upon receipt of Art Buyer's purchase confirmation CI will clear all funds due to the artist from the Deposit. Once the Artwork is deemed purchased, CI has completed its service and earned it's fee for the transaction, and shall have no further responsibility for the Artwork's location.
If Art Buyer rejects the Artwork, CI will notify the artist that the Artwork will be returned. If the Art Buyer does not return the Artwork by 14 days after such notification, the Art Buyer will be notified that the Deposit will not be refunded. CI will transfer funds to the artist 30 days after such notification if Artwork is not returned by that date.
Some Artwork sold on CI may require cultural and customs permits for export from the country of shipment. Artwork may also be subject to a right of the country from which they are exported to purchase the Artwork from the Art Buyer, sometimes called a "right of preemption". Neither you nor CI makes any representation, gives any warranty or shall have any liability to the Art Buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere. If the listing of any Artwork on CI discloses that the Artwork requires a cultural export permit or you disclose such requirement after confirmation of the sale but before the shipper picks up the Artwork, or the Art Buyer first learns that an export permit is required after the Artwork has been picked up by the shipper, and you are unable to obtain the export permit, the Art Buyer may rescind the sale of such Artwork by giving written notice to CI. If the sale is rescinded, the Art Buyer shall cause the affected Artwork to be returned to you.
Prior to accepting an order you are free to remove the Artwork from sale. However, you shall not circumvent CI by
(a) offering for sale or selling any of your Artwork to Art Buyers other than by a transaction completed through CI, or
(b) by offering for sale or selling any of your Artwork to Art Buyers at a different price for an off-line transaction that bypasses CI.
Warranty - We cannot guarantee that your use of CULTUREINSIDE will be uninterrupted or error free. However, we do warrant that CI will perform in substantial accordance with the specifications that have been discussed and we will correct any substantial deviations from these specifications. In addition, we will implement sufficient procedures and checkpoints for security and for maintaining an independent means for the reconstruction of lost data.
Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the CENTRE D'ARBITRAGE CHAMBRE DE COMMERCE DU GRAND-DUCHÉ DE LUXEMBOURG applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.
If you have any questions related to those general terms and conditions please contact:
CULTUREINSIDE is operated by Gate-C Sàrl, a Luxembourg registered company under the number RC B 64046
Rue Basse, 77
VAT: Lu 175905-41