This document sets out the Terms and Conditions (“Terms”) on which KOVET.ART Limited (“KOVET.ART”, “We”, “Us” or “Our”) provides you (“You” or “Your” With its Platform (“Platform”).

Please read these Terms and Conditions of sales carefully before using the website. You acknowledge that by using the platform, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the platform. If you are using the platform on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these terms are enforceable as if they were written negotiated agreement signed by your employer. These Terms may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the platform.

Important Notice:

The Platform allows you to purchase via KOVET.ART. The Artist has consigned the Property to KOVET.ART pursuant to a consignment agreement, whereby KOVET.ART has been appointed by the Artist to act as its agent in arranging the sale and purchase of the Property through the Platform or otherwise.

KOVET.ART is not the seller of the Property, but provides certain services in connection with your purchase of the Property. The sale of the Property through the Platform is conducted pursuant to the authority KOVET.ART has received from the Artist. KOVET.ART is authorised by the Artist to sell the Property on his/her behalf and therefore any contract for sale for the Property will be between you and the applicable Artist. KOVET.ART is not a party to that contract of sale and you and the Artist will each be separately responsible and liable to one another under the terms of that contract.

By Signing this agreement you agree that you are:

By Signing this agreement you agree that you are :

Are at least 18 years old;

Have the capacity to agree to these Terms;

Are not in any way prevented by law in the country which you are currently located to enter into these Terms.

Signing up to the platform

Details on the subscription process. By registering your details and becoming a User you consent to KOVET.ART conducting verification and security procedures in respect of the information provided by you online.

You hereby warrant that the information provided by you to KOVET.ART is true, accurate and correct. You further warrant that you shall promptly notify KOVET.ART in the event of any changes to such information.

Upon the completion and submission of the online subscription form on the Platform, you shall be sent a verification email (“Verification Email”) to the email address you provided on the subscription form.

Keep your login details safe. You shall keep your subscription details for the Platform (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to KOVET.ART, KOVET.ART reserve the right to promptly disable your Login Details and suspend your access to the Platform in the event that KOVET.ART have any reason to believe you have breached these Terms.

Formation of contract between us

How your Contract with KOVET.ART is formed. Your contract (“Contract”) with KOVET.ART shall commence at such time as you activate your subscription to the Platform. If you are a Visitor, your Contract shall commence upon your visit to the Platform and continue for the duration of such visit to the Platform.

Suspending your access to the Platform and terminating your Contract. KOVET.ART may suspend your access to the Platform and terminate your Contract at any time and without notice to you if:

The third party services and network providers cease to make the third party service or network available to KOVET.ART;

KOVET.ART believe that you or someone using your Login Details has failed to comply with one or more of these Terms;

KOVET.ART believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Platform (in whole or in part);

KOVET.ART believe that you have provided it with any false, inaccurate or misleading information.

your obligations

You agree that you are solely responsible and liable for all activities on the Platform.

What happens if someone else uses your login details. You must promptly notify KOVET.ART in the event there is a breach of security or any unauthorised use of your Login Details.

What you can and can’t post on the Platform. You shall not post on the Platform any information, comments, images, reviews, third party URL links or other material whatsoever in any format (“User Submissions”), whether on your Profile or elsewhere on the Platform, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:

Provide instructional information about illegal activities, including violating someone else’s Privacy or providing or creating computer viruses;

Promote or contain information that you know or believe to be inaccurate, false or misleading;

Engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without KOVET.ART prior written consent; or Infringe any rights of any third party.

More restrictions regarding your use of the Platform. You further agree that at all times, you shall:

Not use your Login Details with the intent of impersonating another person;

Not allow any other person to use your Login Details;

Not use the information presented on or obtained using the Platform for any purposes other than those expressly set out in these Terms;

Not use the Platform, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of any third parties;

Comply with all instructions and policies from KOVET.ART from time to time in respect of the Platform;

Not interfere with any User transaction conducted through the Platform;

Not attempt to contact any Artist outside of the Platform or take any other action for the purpose of circumventing payment of the Property through the Platform;

What happens if you are in breach of this clause. In the event that KOVET.ART, in its sole and absolute discretion, consider that you have breached any of the terms set out in the clause above, KOVET.ART reserve the right to immediately terminate without notice your use of and access to the Platform; in the case of illegal use of the Platform, KOVET.ART reserve the right the take legal proceedings against you as appropriate.

Our rights and obligations

KOVET.ART can make changes to the Platform. KOVET.ART reserves the right to make any changes to the Platform including any functionalities and content therein or to discontinue any aspect or features of the Platform without notice.

KOVET.ART can restrict your access to the Platform. KOVET.ART shall be entitled at its own discretion to suspend the Platform (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Platform (wholly or partly).

KOVET.ART’s reliance on third party providers could impact the availability of the Platform. KOVET.ART relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Platform available to you. Whilst KOVET.ART take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that KOVET.ART do not warrant that the Platform shall be uninterrupted or fault-free at all times. KOVET.ART therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Platform as a result of KOVET.ART’s service providers.

Updating these Terms and how this is notified to you. KOVET.ART may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Platform. Your continued use of the Platform (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms. If you do not agree with the changes to these Terms, you will not be permitted to use the Platform and you may terminate your Contract with KOVET.ART.

Purchasing property

If you decide to purchase the Property, the price is indicated on the Listing. KOVET.ART take all reasonable care to ensure that the price of the Property advised to you is an accurate market value. A Property is only marked as “sold” once payment is received.

You are responsible for reading the full Listing before agreeing to purchase the Property. KOVET.ART will send you an email confirming your purchase.

You enter into a legally binding contract with the Artist to purchase a Property when you receive the purchase confirmation email.

Payment

Payment of the Price. You acknowledge and agree to make payment in full of the Price at time of purchase. Payment for all Property must be made through the Platform’s online payment facility.

The Price shall be exclusive of VAT and all other applicable sales tax, unless otherwise expressly set out in the listing. Payment is made in pounds sterling (GBP). You are liable for all costs associated with making such payment in pounds sterling regardless of your home currency (including all associated bank charges). If KOVET.ART incurs any bank charges resulting from your payment, we may recover such charges from you.

Additional tax and duties. You are liable to pay additional taxes and charges such as import VAT and customs duty if the Property is shipped to the country you designate.

You acknowledge and agree that, notwithstanding the fact that KOVET.ART is not a party to the Purchase Agreement between you and the Artist, KOVET.ART act as the Artist’s agent for accepting payments of the Price from you on their behalf. You agree to pay KOVET.ART the Price listed (as the Artist’s payment collection agent), together with any associated delivery charges.

In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to KOVET.ART or its payment processor. You agree to pay KOVET.ART the Price by one of the methods described on the Platform. You hereby authorise the collection of such amounts using the method selected by you through the Platform, either directly by KOVET.ART or indirectly, via KOVET.ART’s payment processor. If you are directed to KOVET.ART’s payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.

Delivery

KOVET.ART does not pack or ship the Property or provide any insurance in relation thereto. KOVET.ART will, on your behalf and at your expense, procure shipping services by third party shippers. The shipper will ship the Property as your agent to the address designated by you. KOVET.ART shall not be liable for any damaged or lost Property, which shall remain the responsibility of the third party shipping company.

You are liable to pay all shipping costs incurred in relation to any Property purchased through the Platform. Shipping costs must be made direct to the applicable shipping provider.

As the seller, the Artist is in possession of the Property. KOVET.ART shall use reasonable endeavours to ensure that the Artist releases the Property purchased by you within seven (7) days of the Artist being notified by KOVET.ART that KOVET.ART have received the Price in cleared funds. If the Artist fails to release the Property for shipping within thirty (30) days from the date of KOVET.ART’s receipt of the Price in cleared funds, you acknowledge that your sole remedy shall be a refund of the Price paid to KOVET.ART.

right to refuse release of artwork

If:

you do not make any payment to KOVET.ART when it is due and KOVET.ART has not received payment within 7 days of KOVET.ART reminding you that payment is due;
you do not, within a reasonable time of KOVET.ART asking for it, provide the third party shipper with information that is necessary for them to deliver the Property, for example, delivery timings; or
you do not, within a reasonable time, allow the third party shipper to deliver the Property to you,

KOVET.ART may withhold instruction to the Artist to release the Property to the third party shipper.

In the event any of the situations set out in this clause 8 occur, KOVET.ART will refund the Price you have paid in advance for the Property, but you acknowledge that KOVET.ART may deduct reasonable compensation on behalf of the Artist for the net costs incurred as a result of your breach of the Purchase Agreement. You acknowledge that a breach of clause 8 may result in the cancellation of your Purchase Agreement and you will no longer be entitled to receive the Property.

Return of artwork

1. According to UK & EU Law You have 30 days to request a refund.

2. You must return the item within 14 days from the day you requested a refund.

3. You must pay for the cost of returning the item.

quality of the artwork

KOVET.ART are not responsible for the Property. As agent for the Artist, KOVET.ART have been granted the authority to sell the Property on the Artist’s behalf. KOVET.ART are not liable for the quality or authenticity of any Property and KOVET.ART do not warrant, represent or guarantee that the Property is original or is the Artist’s own creation. Purchase of the Property is at your own risk. KOVET.ART do not transfer and are not responsible for transferring legal ownership of any Property from the Artist to a Buyer.

KOVET.ART is not responsible for disputes between Buyers and Artists. In the event that you, the Buyer, have a dispute with an Artist, you hereby release KOVET.ART from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

How to tell KOVET.ART about a problem. If you, as a Buyer, have any questions or complaints about the Property you have purchased, please let KOVET.ART know by contacting KOVET.ART using the contact details in these Terms. KOVET.ART will put you in touch with the Artist who can deal with your question or complaint.

Summary of your legal rights as a Buyer. As an Artist, you are under a legal duty to supply Property that is of satisfactory quality and in conformity with its description. In particular, as an Artist you are required to comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which provide Buyers with certain rights to cancel the purchase of Property and obtain a refund. Nothing in these Terms will affect a Buyer’s legal rights against an Artist regarding the Property purchased through the Platform. All cancellations and returns shall be the responsibility of the Artist. All cancellation and returns shall be handled by the Artist, unless otherwise agreed by KOVET.ART.

Your obligation to return rejected Property. If you, as a Buyer, wish to exercise your legal rights to reject the Property, you must notify KOVET.ART and you will be required to ship it back to the Artist at your own expense.

your relationship with other users

What the Platform should be used for. The Platform is designed solely for the purpose of viewing and purchasing Property subject to Listings.

KOVET.ART act only as an agent in the sale of Property. You acknowledge and agree that KOVET.ART only provide you with access to the Platform as a means of facilitating your purchase of the Property.

Our affiliations and links

Third party links may appear on the Platform. The Platform provides links to and content from third party websites. Such third party websites are not KOVET.ART’s responsibility and accordingly KOVET.ART accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.

Use of third party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on the Platform, you acknowledge and agree to abide by the terms and conditions of such third party website.

exclusion of warranties and limitation of liabilities

Do not rely on User Submissions. KOVET.ART do not verify and do not have any control in respect of any User Submission. KOVET.ART do not warrant or guarantee the accuracy, Who we are. The Platform is owned and managed, operated and maintained by KOVET.ART Ltd, a company registered in England and Wales with company registration number 12268984, and having its registered address at 2nd Floor, College House, 17 King Edwards Road, RUISLIP, London, HA4 7AE, UK.

How to contact us. You can contact us by emailing us at info@kovet.art

How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during your subscription as a User.

The purpose of our Platform. The Platform is an online marketplace for purchasing various original artworks made available through the Platform by KOVET.ART (“Property”) on behalf of the creator or owner of the Property (“Artist”).

preliminary information

Assurances KOVET.ART require from you.

You:

correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Platform. If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, you do so at your own risk and liability.

KOVET.ART is not responsible for any loss or damage that is not foreseeable.

KOVET.ART have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to clause 12, KOVET.ART’s maximum aggregate liability to You under or in connection with this Agreement will be limited to the higher of:

the amount of fees which you have paid to KOVET.ART pursuant to these Terms in the 12 months prior to the action giving rise to the liability; and
one hundred pounds sterling (£100). KOVET.ART do not exclude or limit in any way KOVET.ART’s for:
death or personal injury caused by KOVET.ART’s negligence or the negligence of KOVET.ART’s employees, agents or subcontractors;
fraud or fraudulent misrepresentation.

disclaimer

KOVET.ART do not endorse any advice or recommendations from Users. You acknowledge and agree that where the Platform includes views, opinions, advice or recommendations from Users, such views, opinions, advice and recommendations are not endorsed by KOVET.ART and to the maximum extent permitted by law, KOVET.ART exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.

Any reliance on User Submissions is at your own risk. All information published on the Platform including without limitation the User Submission, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Platform shall be at your own risk and KOVET.ART shall not be liable whatsoever for any damages and/or loss which you may incur as a result of or in connection with your use and reliance of such information and /or User Submission.

Commentary and other materials posted on the Platform by KOVET.ART is for information purposes only and should not be taken as advice on taking any specific course of action. KOVET.ART therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User to the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by KOVET.ART (including through the Platform) shall remain solely with you.

intellectual property rights

Our rights to the Platform. KOVET.ART and its licensors own all the intellectual property rights relating to the Platform. As between you and KOVET.ART, KOVET.ART own and retain, solely and exclusively all right, title and interest in and to the Platform, the look and feel, design and organisation of the Platform, all content KOVET.ART provide on or through the Platform (“KOVET.ART Content”), and the compilation of all content (including KOVET.ART Content, Property and User Submissions) including all copyrights, moral rights, trademarks, trade secrets, patent rights, database rights and all other intellectual property rights contained therein.

You are expressly prohibited from:

Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Platform; and Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by KOVET.ART and/or its licensors, and doing anything which may be seen to take unfair advantage of KOVET.ART’s reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to KOVET.ART.

Ownership of the Property and KOVET.ART’s rights to it. KOVET.ART have been exclusively consigned the Property to sell on the Artist’s behalf. KOVET.ART do not own the Property or any intellectual property rights contained therein. All rights to the Property (including all intellectual property rights) are retained by the Artist.

confidentiality and privacy policy

Our use of your personal data submitted to KOVET.ART. KOVET.ART comply with the Data Protection Act 1998 (“Act”) and all other successor legislation and regulations in the performance of its obligations under these Terms. Please click [here] to view KOVET.ART’s Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.

You shall not disclose to any person any confidential information or trade secrets relating to KOVET.ART’s business or any transactions concluded by you through the Platform, including KOVET.ART’s business model or system, publication of the Price of any Property or disclosing the fact that any Property remains unsold for any reason.

You shall not do anything which may damage or impair KOVET.ART’s business or reputation or which may otherwise, in KOVET.ART’s reasonable opinion, bring or is likely to bring KOVET.ART’s business into disrepute.

complaints

If you think a User is in breach of these Terms. If you have a complaint to make, please send an email to: info@kovet.art. All notification and communication to KOVET.ART should be sent to the contact details provided herein.

events outside of our reasonable control

KOVET.ART will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an Event Outside Our Control.

What is meant by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond KOVET.ART’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of KOVET.ART’s obligations under this Agreement:

KOVET.ART will contact You as soon as reasonably possible to notify you; and
KOVET.ART’s obligations under this Agreement will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control.

other important terms

KOVET.ART may transfer this agreement to someone else. KOVET.ART may transfer its rights and obligations under these terms to another organisation.

You need KOVET.ART’s consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if KOVET.ART agree to this in writing.

Nobody else has any rights under this contract. This contract is between you and KOVET.ART. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Even if KOVET.ART delay in enforcing this contract, KOVET.ART can still enforce it later. If KOVET.ART do not insist immediately that you do anything you are required to do under these terms, or if KOVET.ART delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent KOVET.ART taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of any dispute arising under your Contract in the English courts.

Only these Terms apply to your contract with KOVET.ART. These Terms and any document expressly referred to in them represent the entire agreement between you and KOVET.ART in respect of your use of the Platform, and shall supersede any prior agreement, understanding or arrangement between you and KOVET.ART, whether oral or in writing.

These Conditions of Sale (“Conditions”) FROM PART OF THE TERMS AND CONDITIONS (“TERMS”) (FOUND HERE [insert link]) UPON WHICH KOVET.ART Limited provide you with access to the platform. Unless the context otherwise requires, words and expressions defined in, or to be construed in accordance with, the TERMS shall have the same meanings and construction when used in these conditions.

By using the platform to buy OR enquire about any property, you (“you” or “your”) agree to be bound by these Conditions. Please read these Conditions carefully.

These conditions may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the platform.

information about kovet.Art

Who we are. The Platform is owned, managed, operated and maintained by KOVET.ART Ltd, a company registered in England and Wales with company registration number 12268984, and having its registered address at 2nd Floor, College House, 17 King Edwards Road, RUISLIP, London, HA4 7AE, UK