The 25th of May 2018 | These terms are valid until further notice.
Our terms and conditions are in compliance with the GDPR and available in English.

Latest Update: 15th of August 2018 > See 6 > Fees and Payments

If you do not intend to become a registered vendor on ARTMO, then these Terms & Conditions do not apply to you.

If you intend to create a Vendor (Seller) Account and publish your items in your collection on the ARTMO shop-page (Collections), then you must read and accept these terms and conditions. Your comprehensive understanding of the nature of a vendor account is imperative in order to realise your legal base for using the ARTMO vendor online shop.

The 25th of May 2018 | These terms are valid until further notice.
Our terms and conditions are available in English only.

If you do not intend to sell artworks on ARTMO, then these Terms & Conditions do not apply to you.

FIRST OF ALL ... AN IMPORTANT OVERVIEW

The following overview is just for a quick read-through, but it is not substituting the full terms & conditions. Just so you can understand the nature of an ARTMO vendor account. Nevertheless, you will be still required to read, understand and accept the full Terms & Conditions.


1) In order to sign-up for a vendor account, you need to sign-up for a user account first.
ARTMO has four different types of user accounts: ARTISTS | GALLERIES | MEMBERS | UNIVERSITIES
Only signed-up artists and galleries are able to sign-up for a vendor account as well.

2) Your vendor account will be connected to your user account. Therefore you need to make sure, that all information given is valid and true. Once you have applied for a vendor account we will guide you through a verification process. Only after a successful verification you will be able to sell your items on the ARTMO online shop platform.

3) ARTMO is not responsible for any issues arsing between you and the buyer. Since you are a vendor, you have full responsibility to comply with all related laws.

4) As a vendor you will have to manage your items yourself by using your seller-dashboard, and therefore all item-content, such as photos, description and other detailed information lies entirely in your own responsibility.


IMPORTANT TO UNDERSTAND:

Please realise the nature of your ARTMO vendor account. Compare it with a seller account on Ebay, Amazon, Alibaba, etc.. ARTMO is also an online-shop platform like those, but specialised for art. That is the only difference. In terms of the legal base you are fully self-responsible for all actions, your products, information given and relations to your buyers yourself in the same way as you might know it from Ebay, Amazon and other online shops.

Sales on ARTMO will be processed through the payment gateway we are using which requires a PayPal account. All payments will be processed between you and your buyer through PayPal directly. ARTMO will charge you a commission for each sale. This commission is reducing your revenue.

As of now, without a PayPal account you will not be able to process any sales. In the near future we will also enable other payment options, as there are credit cards, Alipay, and hopefully WeChat Payment as well. Once those payment methods are available we will inform you and guide you through any necessary steps you might have to take.

Disputes between you and your buyers must be handled by yourself directly, respecting the Terms & Conditions from PayPal, which will have to be accepted throughout the verification process from you and through the buyer's payment process.

A Vendor Account is free of charge, however a sale-commission for ARTMO will apply.

STEP-BY-STEP
  1. Edit your user profile. Make sure your profile is an ARTIST or GALLERY profile and not a MEMBER profile. In case you have a MEMBER profile and want  to change that, then you can either sign-up for a new account as an ARTIST or GALLERY or let us know, then we can change the profile type for you.
  2. Some fields in your profile will also be part of the content of all your products you upload for sale. For example the profile section "ABOUT ME" will appear on each product in the tab "About ... [your name]". Therefore all given information must be true and valid.
  3. Insert your actual email address in your profile; we need that later for setting up your vendor-account.
  4. Make sure all personal information, such as name, country, city, phone number, etc. are actual, true and valid.
  5. Read the Sellers Terms & Conditions.
1. OVERVIEW
1.1 What are these Terms about?

These Terms and Conditions (together with the policies expressly referred to within) tell you information about the ARTMO shop and the legal terms and conditions under which Artworks may be displayed by us on the ARTMO website.
These Terms will apply to any contract for the sale of Artworks by you. When your Artworks are displayed for Sale on our site you will be selling these directly to a Customer.

1.2 Who runs the ARTMO websites and how can I get in contact?

The ARTMO website is operated by ...

1) ARTMO U.G.
Langenhorner Chaussee 363 | 22419 Hamburg | Germany
USTiD: DE313988628 | HRB 147953
The principal activity is the operation of the ARTMO social-art-network including a vendor shop platform.
The ARTMO website is hosted by 1und1 in Germany.

2) Shanghai ARTMO Culture Communication Co. Ltd.
9F Overseas Chinese Building | 129 Yan'an West Road | Jing'an | 200040 Shanghai | China
Reg. No.: 0600000220170823000
The principal activity is the web-development of the ARTMO online platform.


If you have any questions, concerns or complaints, you can email ARTMO at hello@artmo.com, use the website’s ‘CONTACT’ link or write to one of the above mentioned company addresses. As soon as we receive any complaint, action will be taken to rectify the problem. If you contact ARTMO by post or email we will reply by email. If we need a little time to investigate we will let you know.

1.3 What definitions will be used in these Terms?

Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:

  • The Site / Website / Platform
    The ARTMO website, and all sub-domains and sub-directories thereof.
  • Supplier / You / Your
    Any person using the ARTMO shop to facilitate the supply of Artworks to customers.
  • Artwork
    Any item displayed for sale at any time on the Site.
  • Listing
    The page and its contents on which an Artwork is displayed for sale on the Site.
  • Content
    Any text or imagery contributed to and hosted on the Site.
  • Supplier Revenue Share
    The monies due to a Supplier with respect to an Artwork sale through the Site
  • Customer / Consumer / Buyer
    Any visitor viewing Listings or purchasing Artworks on the Site.
1.4 To whom do these Terms apply?

These Terms form an agreement between you and ARTMO. By using this website, displaying Artworks for sale and making sales through ARTMO you agree to become a Supplier and abide by these Terms.

ARTMO is not directly involved in the transaction of sale between you and a consumer introduced to you through the Site, save in respect of receiving payment from consumers and remitting to you your Supplier Revenue Share for completed sales.

ARTMO has no contractual relationship with consumers in respect of sales of your Artworks on the ARTMO website.

1.5 Is there anything else I should be aware of?

ARTMO reserves the right to alter these Terms or other site 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 site.

1.6 By which laws are these Terms governed?

These Terms are governed by the laws of Germany and you agree to submit to the exclusive jurisdiction of the courts of Germany with respect to your relationship with ARTMO. 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 site.

2. CONTENT AND ELIGIBILITY
2.1 What requirements must I meet to be eligible to sell on the Site?

You must be over 18 years of age to become a Supplier on the ARTMO website. 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 ARTMO, including but not limited to your name and country of residence, photos of the artworks, and specifications of the artworks is accurate, truthful and kept up to date subject to any change.

2.2 Must I be the creator of the Artworks I want to display in the ARTMO shop?

You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on ARTMO or you personally own the artworks as a collector or you are a consignor (i.e. Gallery representing an artist, artist manager, etc.) 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 Site.

2.3 What restrictions apply to the Artworks I may sell on the ARTMO website?

All Artworks represented for sale on ARTMO must be one-of-a-kind original artworks or original limited edition artworks.

All one-of-a-kind 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.

If you sell personally owned artworks, which you have not created yourself, as a collector, then you must provide a certificate of authenticity.

2.4 What restrictions apply to the Content I want to have uploaded to the ARTMO website?

You acknowledge and agree that you are solely responsible for all Artwork Content you provide to ARTMO. You may not provide material for upload 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.

ARTMO reserves the right to remove any Content or Artwork Listings from the website at any time in its sole discretion.

2.5 How and when are ARTMO permitted to use my content?

By registering and becoming a Supplier and providing Artwork Content for upload you grant ARTMO 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 all ARTMO online channels (including the Site, Platform and third party sites and platforms, ie. such as ARTMO's Facebook page and group, Twitter, Weiboa, Instagram, etc.) in any media now known or not currently known. This right and license is solely for the purpose of enabling ARTMO to use your content for the promotion of the ARTMO platform. ARTMO do 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 Supplier Revenue Share, payable only upon the sale of an Artwork through the ARTMO website, and defined later in this document.

3. YOUR OBLIGATIONS
3.1 Am I responsible for inaccuracies in my Artwork Listings?

It is your responsibility to ensure that all materials for listings submitted to ARTMO 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 Artwork Sale is made, ARTMO reserves the right to debit any costs associated with resulting customer return requests from your ARTMO account balance.

3.2 Are there any restrictions in place on how I may price my Artworks?

The price stated in each of your Artwork Listings 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 consignment. Where a customer introduced to you through the ARTMO website locates your artwork offered for sale at a lower price either directly by yourself or by an authorised consignee, ARTMO reserves the right to adjust the price of the artwork on ARTMO, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Supplier Revenue Share for any resulting Sales in accordance with this updated price.

Shipping, packaging, handling fees and VAT/GST/MwSt. etc. are not included in the sales price. All related costs have to be charged to the buyer on top of the purchase price, or alternatively, if you choose to do so, you can cover those costs by yourself. That is open for negotiations with the buyer on a case-by-case situation.

3.3 Am I responsible for fulfilling orders placed for Artworks being published for sale?

It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the ARTMO website. After the buyers address is known it is your responsibility to research accurate shipping rates and select a preferred courier immediately.

The total shipping costs must be charged to the buyer on top of the sale price, except you choose to cover the costs. If you not chose to cover the costs, then you must inform ARTMO about the total shipping costs in order to enable ARTMO to charge the buyer.

ARTMO will not be liable for any losses incurred as a result of inaccurately quoted rates.

Artworks must be packaged and shipped in accordance to the general requirements from preferred shipping companies, such as FedEx, DHL, etc..

Every shipping must be accompanied by a tracking number. The tracking number must be send to ARTMO via email immediately after the shipping has been dispatched. Shipping with a company which is unable to provide a tracking must not be used.

After dispatching the item you must send ARTMO via email a scanned copy of the sender receipt.

Where these requirements are not met, ARTMO reserves the right to debit any costs associated with resulting customer return or cancellation requests from your ARTMO account balance.

It is your responsibility to comply with all local tax regulations with respect to any sales completed, and to include any required documentation or invoices within packages shipped.

4. ARTMO's OBLIGATIONS
4.1 How will I be notified of orders placed for my Artworks through ARTMO?

When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You will also find all related information in your DASHBOARD.

4.2 How and when do ARTMO collect payment from Customers for orders placed for my Artworks?

You will only receive an order confirmation email once the Customer in question has successfully submitted a full payment or a deposit payment for settlement. Payment is held securely by ARTMO in an account until confirmation of delivery and expiration of ARTMO’s returns period as stipulated in ARTMO’s current Customer Returns Policy.

4.3 When will ARTMO transfer my revenues for Artworks I have sold to consumers through the ARTMO website?

Your Supplier Revenue Share, defined later in this document, will be transferred to you via your nominated payment mechanism on expiration of ARTMO’s returns period, subject to any required administrative and clearance period and in line with ARTMO’s current Payment Schedule.

ARTMO are entitled to withhold your Supplier Revenue Share for any given Sale if there is, or in ARTMO’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to ARTMO’s reasonable satisfaction.

5. RETURNS AND DISPUTES
5.1 Am I obliged to accept requests for the return and refund of my Artworks ordered through the ARTMO website?

By having artwork listings created, you agree to offer ARTMO’s current site-wide Customer Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by ARTMO. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through ARTMO, as well as a further confirmation email once a collection date and service has been arranged.

5.2 Who is liable for the cost of return shipment of Artworks under ARTMO’s return policy?

ARTMO will not pay for the return by courier to your nominated returns address of any Artworks returned under ARTMO’s Customer Returns Policy. ARTMO reserves the right to investigate, and to debit any return shipment costs to your account should it reasonably be believed that the return was a result of your breach of either Seller Best Practice Guidelines or Packaging and Delivery Guidelines.

5.3 Who is liable for the cost of damage in transit to Artworks ordered through the ARTMO website?

ARTMO will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently according to ARTMO's packaging guideline and ship them via a service that is required according to our Shipping Policy.

You acknowledge that any postage or shipping guidance provided by ARTMO in the form of help articles or support correspondence comes with no guarantee of safe transit if followed.

If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.

ARTMO's Shipping & Return Policy, which is mandatory for all sellers >> See below on this page.
ARTMO's Packaging Guideline can be found on your seller dashboard.
5.4 Who is liable for the cost of Artworks ordered through the ARTMO website lost in transit?

ARTMO will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and ARTMO reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.

6. FEES AND PAYMENTS (Updated 15th of August 2018)
6.1 Will I be charged a commission for sales?

No, You will receive 100%, because ARTMO will not take any sales commission. However, when using the ARTMO payment gateway (PayPal, Credit Cards, etc.) then fees may apply (Those fees are between 2.5% to 3%).

6.2 Is there any other service I have to pay for?

Instead of a commission for sales, we will introduce Subscription Fee Seller Accounts. Subscription fees will be starting with as little as €1,50 per month, but there will be also a FREE basic account. These subscription sign-ups are not active yet. For now you can just start and publish your artworks for free and sell without any commission or fee charged by ARTMO.

6.3 Can I already upload and publish my artworks, with neither a commission being charged nor a subscription fee?

Yes, you can. However, at the moment we are updating our seller dashboard. We would need to ask you for a bit patience. As soon as our update is live and has been tested, we will send you a message to your ARTMO profile.

6.4 What about my ARTMO profile, will that be charged?

No, joining the ARTMO community with your social profile is and will be for free anyway.

7. TERMINATION AND ACCOUNT CANCELLATION
7.1 Under what conditions may this agreement be terminated?

ARTMO may, in its sole discretion, terminate this agreement, access to the Site or 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.

7.2 How can I cancel my ARTMO account?

You may request deletion of your ARTMO Account from your user settings page. On receiving notice of your cancellation request, we will endeavour to remove your listed artworks in the shop from the ARTMO website within 2 working days.

8. FURTHER PROVISIONS
8.1 Website Usage

In no event will ARTMO 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 site. We make no warranty that this site or the server that makes it available is free of viruses or bugs.

Throughout the ARTMO website, you may find links to third party websites. Please note that ARTMO is not responsible for the privacy policies or content of third party sites.

8.2 User Data

To the extent that personal data is supplied by users to ARTMO, such data shall be owned by ARTMO and subject to the then effective Privacy Policy of ARTMO, the Data Protection Act 1998, the European GDPR and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the ARTMO Privacy Policy and all other instructions of ARTMO.

8.3 Liability

ARTMO is a venue and provides an online marketplace and gallery only.

The Site and Platform are provided on an “as is” basis. ARTMO makes no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law. ARTMO 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 Site and 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, ARTMO’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in connection with a sale of Artwork through the Site or Platform.

You hereby indemnify ARTMO and keep ARTMO 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 ARTMO), 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 Site and Platform.

8.4 General

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). 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 Germany and the parties submit to the exclusive jurisdiction of the German courts.

SHIPPING & RETURN POLICY
By accepting these Terms & Conditions you are also accepting the following Shipping & Return terms . The following text will be added by default in your name with a product tab (Shipping Policy) to all product listings for customers to see, trust and understand, that you, as the seller, are responsible:
  1. A Certificate of Authenticity will be provided together with my artworks.
  2. Please make sure your address and phone number in your ARTMO profile is actual. If you want to use a different address for delivery, then please make according changes throughout the check-out procedure.
  3. According to ARTMO’s shipping policy, only trusted carrier's such as FedEx, DHL or UPS will be used.
  4. Once the artwork is in your cart the shipping costs, including insurance, will be calculated based on your address. These costs will be added to your invoice. This may take a little time. You will receive an email once your invoice has been updated.
  5. An ARTMO shop manager will contact you directly, either by email, Skype, WhatsApp or phone in order to confirm all details and further proceedings.
  6. Now you want to finally check-out your item. If you change your mind, you can still delete the item in your cart. If you are still committed to purchase, now you need to finalize the check-out process and pay onto my ARTMO account. For your security, I will not receive my payment before the item has safely arrived.
  7. After payment I will pack and ship the artwork. This may take up to 48 hours since artwork packaging needs to be done thoroughly. If there is any delay, due to unforeseen circumstances, you will be informed asap.
  8. Once the item is on its way you will receive a tracking number which enables you to follow along the shipping on the carrier's website directly. It's important to note that if shipping internationally, there may be custom delays. This is not unusual and should not cause you any panic.
  9. When the item arrives, you must check the packaging and the item right away, in presence of the delivery person. In case of any damages you must report this to the delivery person. Please make photos which clearly show all damages. Any complaints after signing off the delivery receipt will not be accepted, neither by me nor by the insurance company.
My Return Policy:

I accept returns within 7 days after you have received the item. You must inform ARTMO about your decision to return the artwork, using email (hello@artmo.com). You must return within 48 hours by using the same packing material and shipping carrier. All costs must be covered by you including shipping insurance. Once the item has arrived safely at the artist’s address and once it is confirmed undamaged ARTMO will refund the net price (excluding initial shipping and insurance costs).