The 1st of January 2018 | These terms are valid until further notice.
Our terms and conditions are only available in English.

ARTMO Shop [Domain: www.artmo.shop]

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

The 1st of January 2018 | These terms are valid until further notice.
Our terms and conditions are only available in English.

ARTMO Shop [Domain: www.artmo.shop]
If you do not intend to sell artworks on ARTMO Shop, then these Terms & Conditions do not apply to you.

Please Log-In or Sign-Up with

ARTIST or GALLERY profile for full access.

READ THIS!

This Quick-Start-Guide is not substituting the Sellers Terms & Conditions nor is it the legale base. It is meant to provide a general short overview of the steps has to be taken to get started.

  • You must make yourself familiar with the Sellers Terms & Conditions, because those are legally relevant and by using the ATMO shop you are accepting those terms.

The ARTMO shop is a little different to other art online shops. The procedures to upload and maintain your collection requires certain actions; but no worries, will be easy going.

STEP-BY-STEP
  1. Edit your social profile. Make sure your profile is an ARTIST or GALLERY profile and not a MEMBER profile.
  2. Have your actual email address in your profile; we need that later for setting up your cloud-access.
  3. Please send us a short email, stating that you are interested in publishing your collection in the shop. [hello@artmo.com)
  4. Read our Sellers Terms & Conditions.
  5. We will set-up access for you in our cloud. We will use your email address for that. You will receive an email with your access credentials.
  6. In your cloud folder you will find a spreadsheet form. Please fill it out with all the specific information for each artwork, including price, size, material, etc.
  7. Upload all material for your artworks into our cloud.
  8. So far you cannot upload your artworks yourself. We have to that for you.
    [We are working on a major update. When that is live, then you can upload your artworks entirely by yourself, but for now we have to do that for you]
  9. We will upload all your artworks into our shop.
  10. As soon as possible, after we have published your artworks, you must review all products thoroughly one-by-one and let us know whether or not all the information is set according to the information you have provided. If there is anything we have overlooked or anything needs to be rectified we ask you to let us know immediately.
  11. After your review we like you to sen us a short email and confirm, that all information is correct.

That's it; if you need assistance with any of those steps, then we are more than happy to talk to you over the phone.

in short: commission | shipping | etc.

Here a quick overview about important topics.

[*Those conditions are covered by our Sellers Terms & Conditions. This is just a quick overview and not a substitute for the full version of the Sellers Terms & Conditions.]

  1. Commission: ARTMO's commission is 20%, taken from the net sale price, exclusive shipping, insurance and handling costs.
  2. ARTMO U.G. (shop) is based in Germany. All monies will be received by our German bank account.
  3. When transferring your share (80%) you will need to accept money transfer costs. Some banks sometimes charge a fee for international money transfer.
  4. So far each sale is being handled in a case-by-case situation. Once a custom,er has expressed interest, or has made a deposit or full payment we will contact you immediately. You must make sure, that the artwork is then being reserved until the sale is finally successfully processed or cancelled.
  5. In case you are selling artworks directly, then you must inform us immediately so we can either take the artwork offline or mark them as sold.

What if you have your artworks at a gallery on consignment for exhibition?

Then you will have a commission agreement in place with the gallery. You need to consider that the artworks have to be marked as ".. not available until further notice .." or they have to be taken offline. If we lave the artworks online, then our 20% comission will kick in and that might clash with your consignment.

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 shop 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 websites are operated by ...

1) www.artmo.shop
ARTMO U.G., Langenhorner Chaussee 363, 22419 Hamburg, Germany
USTiD: DE313988628 | HRB 147953
The principal activity is the provision of an online art marketplace displaying authentic Artworks for sale.

2) www.artmo.com
This website is being operated independently from the .shop website. For more information see Terms & Conditions for our ARTMO (.com) Social-Art-Network.


If you have any questions, concerns or complaints, you can email ARTMO at hello@artmo.com, use the website’s ‘Contact us’ link or write to the above mentioned company address. 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 shop website, hosted at www.artmo.shop, and all subdomains and subdirectories thereof.
  • Supplier / You / Your
    Any person using the ARTMO shop website 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 U.G.. 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 U.G.. 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 and handling fees 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.

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 and ship them via a service that will minimise the likelihood of damage.

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.

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
6.1 Are there any upfront fees charged on opening an account on ARTMO?

ARTMO lists Artworks for sale on ARTMO free of charge. When your artwork is sold to a Customer introduced to you through ARTMO, ARTMO is entitled to charge a commission based of the net sale price.

6.2 When is ARTMO entitled to take commission on a sale of one of my Artworks?

ARTMO is entitled to take Commission on any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the ARTMO website. Any attempts to complete sales or any other monetary transactions initiated on the ARTMO website outside of the ARTMO platform are strictly prohibited, and will result in the suspension or removal of your account.

In any case where ARTMO reasonably believes a sale or monetary transaction initiated on the ARTMO website to have been completed outside of the ARTMO platform, ARTMO reserves the right to debit ARTMO’s commission from your account accordingly.

6.3 How much revenue will I receive from sales completed through the ARTMO website?

ARTMO takes 20% commission on the sales net price, except there is an individual agreement with you in place, for sales completed through the ARTMO platform. In the event of any change to the Commission and Fees Policy, ARTMO will provide with at least 14 days’ notice by posting the changes on the site.

Your Supplier Revenue Share for any given order is the total amount paid by the Customer less the total commission, fees, taxes and shipping costs due on the order.

6.4 How will revenues for orders of my Artworks be transferred to me?

Your Supplier Revenue Share will be transferred to you by your preferred payment method latest ten working days after ARTMO has received the delivery receipt, showing that the shipment has been received and accepted by the buyer.

If the shipment is a matter of an insurance case du to a damaged or lost artwork, ARTMO will withhold all received monies until the case has been cleared with the insurance company and the buyer.

Your Supplier Revenue Share for any given order will not be transferred until these requirements have been satisfied with respect to that order.

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 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.