ArtAndOnly owns and manages the website www.artandonly.com (the “Site”). It provides art collectors (buyers and sellers) information about artists, collectors, collections and the art market. It offers fine art, objects and collectibles (hereafter the “work”) for sale. The scope of the services is generally limited to the purchase, sale and storage of artworks. The following terms and conditions (“Terms and Conditions”) govern your use of the Site. By accessing, inquiring, using, browsing, buying on the Site, you accept and agree to be bound by these Terms and Conditions.
ArtAndOnly SA (further referred to as “ArtAndOnly” or “AAO”, “us” or “we”) is a public limited company founded under Swiss law, based in Geneva, Switzerland, and registered in the Geneva Commercial Register. ArtAndOnly promotes fair and transparent trading of works (fine art, objects and collectibles etc.).
ArtAndOnly is an online platform to sell fine art, objects and collectibles. Works are offered for sale on the Site. We confirm that we either own the artwork or are authorised to sell it on behalf of the owner.
ArtAndOnly will use information provided by its clients or which ArtAndOnly otherwise obtains relating to its clients for the operation of the Site or as required by law. Some gathering of information about ArtAndOnly clients will take place using technical means to identify their preferences and provide a higher quality of service to them. Clients agree that ArtAndOnly may use any sensitive information that they supply to ArtAndOnly. By agreeing to these Conditions of Business, clients agree and consent to the processing of their personal information. Clients can prevent the use of their personal information for marketing purposes at any time by notifying ArtAndOnly.
We reserve the right to withdraw any work from the Site at any time and shall have no liability whatsoever for such withdrawal.
Prospective buyers may contact ArtAndOnly to inspect the work to determine its condition and size before making offers to purchase it.
How to buy?
Buyers may purchase certain work on the Site immediately using the “Buy Now” feature or by making an offer.
A buyer who purchases work using the “Buy Now” feature is required to complete the transaction and the contract is immediately concluded.
An offer made on ArtAndOnly is contractually binding. After making an offer on ArtAndOnly, an e-mail will be sent from ArtAndOnly to the buyer (offer confirmation), confirming the receipt of the offer, and its details. The Contract is concluded at the time at which the written offer confirmation is sent.
Prices, payment, settlement and delays
All prices communicated by ArtAndOnly are net prices and are quoted in USD, unless otherwise expressly agreed. Packaging, handling and shipping costs, taxes, GST, VAT and all other transport / customs fees, are not included in the price quoted on ArtAndOnly and will be charged separately if organised by ArtAndOnly.
The following payment methods are available to the Buyer: credit card and bank transfer. For credit card, ArtAndOnly will charge an additional fee of 3 % percent on the net price.
In case of payment through bank transfer, the purchase price will be due no later than 5 days. This period begins with the receipt of our invoice. If the Buyer defaults on his payment, ArtAndOnly is entitled to claim interest at the yearly rate of 5%. The right of ArtAndOnly to seek compensation for a higher loss remains unaffected. If the Buyer defaults on his payment, ArtAndOnly is entitled to withdraw from the Contract.
Unless exempted by law, the buyer will be required to pay any applicable sales, use, GST, VAT or any other taxes upon the purchase price. ArtAndOnly is required to collect 8% VAT for artwork delivered in Switzerland. The buyer is duly informed that he will be solely responsible to pay those taxes and that the work might be blocked at the custom authorities of his country of destination until payment of the taxes.
Packing and Shipping
As mentioned here above, the buyer shall be responsible for all packing and shipping costs for the purchased work. ArtAndOnly will ensure that work purchased on the Site is released for delivery to the buyer once full payment for the property is received.
At the request of the buyer, ArtAndOnly is ready to assist the buyer in the organisation of the shipment. In that case, due to the diverse nature of the type of the work, and their dimension and weight, ArtAndOnly can only provide a limited estimate of the shipping expenses. Besides, this service will be charged separately and ArtAndOnly is entitle to receive administrative fees for this service.
It is the buyer’s sole responsibility to identify and obtain any necessary export, import or other permit for the property.
Liability claims – Shipping (buyer)
The Buyer will become the owner of the work when full price has been paid and when the work is collected at ArtAndOnly’s warehouse. At that time, the property of the work passes to the buyer and ArtAndOnly ceases to be responsible.
It is the responsibility of the buyer to make the responsible logistics company liable for any damages. Therefore, it is strongly advised to take the appropriate insurance and provide a detailed description of the contents in a form.
If the buyer requests the assistance of ArtAndOnly to organise shipment, insurance of the work or any kind of services, the property passes to the buyer at the time the shipment company collects the work, even if the shipment company has been mandated directly by ArtAndOnly. The latter has no obligation to supervise the shipment company. ArtAndOnly has no responsibility to organise the insurance of the work and the buyer is sole responsible to request that service.
Warranty, inspection and notification
It is assumed to be known that all works, especially works on paper and photographs, depending on the conditions of the environment, can see their appearance and colour change and fade. ArtAndOnly gives no warranty for this immutable process of change.
In the unlikely event the Buyer make a purchase through our secure checkout and receive an item that is significantly not as described, we want to make it right. Please email us within 5 days of receiving your item to let us know there is a problem, and we will work with you and the Seller to reach the best possible resolution, whether that be arranging for a return, a full refund, or a repair with a trusted restorer. In case of damage incurred during shipping, we will revert to the insurers.
The buyer must undertake the condition examination of the work upon receipt, and if there are defects, these have to be reported to ArtAndOnly immediately and at the latest within 5 days from the receipt. Failing this, the work is deemed as accepted by the buyer.
Photographs, images, laminations and frames should not be completely or partially exposed to direct sunlight, be hung directly above heaters nor be exposed to the level of humidity which exceeds the levels of normal living spaces. Photographs, laminations and frames are therefore not suitable for outdoor spaces, cellars, bathrooms and kitchens. Lamination with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains, and therefore must be handled with gloves or a comparable protection. The same applies to surfaces of sculptures. Changes in wood and other materials are subject to the law of nature and have to be calculated over lengthy periods. Cleaning of works requires special diligence.
Extent of ArtAndOnly’s Liability
All statements by us on the Site or by any other means as to the authenticity, attribution, description, date, age, provenance, title or condition of the work constitute our judgement and opinion only and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion, which may take place subsequent to the sale.
While we will on request explain the condition of the work at the time of the sale and provide any information in our possession about condition for which the buyer may reasonably ask, we will not be responsible for any subsequent deterioration of the work, however occasioned, after the sale.
Buyers are responsible for satisfying themselves as to any statements made by us as to the matters set out here.
Limitation of liability
ArtAndOnly is also not liable for the consequences of independent events, such as war, natural disasters, boycotts, strikes, etc. or legal impossibility. In the event of force majeure, ArtAndOnly has the right to withdraw from the agreement without compensation obligation, or to suspend it for a period of time appropriate to the situation.
Liability for online connections
ArtAndOnly is committed to ensure the security of the systems, programs, etc. that belong to it and which it can influence, and to follow the rules of data protection.
The buyer must ensure the security of the systems, programs and data that reside in its sphere of influence. Buyers should protect their passwords and usernames from access by third parties for the sake of their own interests.
ArtAndOnly is not liable for damages and disruptions that are beyond the scope of its responsibility, especially not for safety deficiencies and operational failures of third party companies, which it works with or from which it is dependent.
Furthermore, ArtAndOnly is not liable for force majeure events, improper actions and disregard for the risks by the Buyer or third parties, excessive use, unsuitable resources of the Buyer or a third party, extreme environmental influences, Buyer intervention or interference by third parties (viruses, worms, etc.) that happen despite necessary safety precautions.
Prohibited User Conduct
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not:
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) insert your own or a third party’s advertising, branding or other promotional content into any of the Sites’ content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without our permission;
(c) attempt to gain unauthorized access to other computer systems through the Sites;
(d) engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, users or other information from or through the Sites;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
(f) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(g) use the Site in violation of ArtAndOnly or any third party’s intellectual property or other proprietary or legal rights; or
(h) use the Site in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Sites or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.
The contents of the Sites, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (collectively “Materials”), are protected by copyright under the laws of the Switzerland as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us.
We authorize you to view and download a single copy of the Materials solely for your personal, non-commercial use, or in the case of galleries, to display to your clients solely for purposes of facilitating a transaction with us.
All rights in and to the Material not expressly granted to you are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of ArtAndOnly’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph.
Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.
The use of the Material or any portion thereof on any other sites, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without our express prior written permission is strictly prohibited.
With respect to any copy you make of the Materials within the scope of the limited license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Materials.
Some of the Materials may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. If you would like information about obtaining ArtAndOnly’s permission to use the Material on your site, please email [email protected]
Governing Law and Jurisdiction
If for any reason legal actions arise between the user and ArtAndOnly, these are subject to Swiss law without exception. The jurisdiction for any claims arising from, or in connection with this legal action is Geneva, Switzerland. By making an offer to purchase property on the Site, the potential buyer shall be deemed to have consented to the jurisdiction of Switzerland.