Art 2 Business
CONDITIONS OF SALE
The following Conditions of Sale (this “Agreement”) governs the relationship between Artist Services, LLC dba art2business.net
(“art2business.net” or “we” or “our” or “us”) and buyers, bidders and sellers with respect to the artwork and other property exhibited
and offered for sale on the art2business.net website and mobile applications (collectively, the “Site”). By purchasing any property,
bidding or otherwise participating in any sale on the Site, you accept and agree to be bound by these Conditions of Sale. Please
read these Conditions of Sale carefully before participating in any sale.
1. BASIC TERMS
We provide the Site as an online platform to exhibit, offer, buy and sell artwork and other property. Unless we specifically indicate
otherwise, all property is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. Except for
the limited purpose of receiving payments, we are not the agent of any seller and have no agency authority for any other purpose,
and we are not the agent of any buyer for any purpose. Sellers using the Site are separate individuals and entities from
art2business.net and may have their own terms and conditions that apply to the property they offer for sale. Such terms and
conditions may be posted in the “More Info” section accessible from the property listing on the Site or otherwise made available in
connection with such property, as applicable, and all prospective buyers should carefully review the complete property listing,
including the More Info section, before participating in any sale. If there is a conflict between any term or condition in this Agreement
and any of the seller’s terms or conditions posted on the Site, then the seller’s applicable term or condition will apply to the extent of
the conflict. However, in no event will any of the seller’s terms or conditions constitute any representation, warranty or assumption of
liability of any kind by us with respect to any property.
We and the seller reserve the right to withdraw any property from the Site at any time and will have no liability whatsoever for such
3. ONLINE PURCHASES
Certain property and services may be purchased directly on the Site using the online purchase feature. All purchases made on the
Site are binding and a buyer that places an order to purchase any property or service on the Site is required to complete the
transaction subject to this Agreement. Except as specifically otherwise provided in this Agreement or if specifically otherwise agreed
by the seller, all purchases made on the Site are final sale.
The Site includes features that enable prospective buyers to submit inquiries to discuss certain property listed on the Site. Sale
transactions entered into off of the Site are not subject to this Agreement and may be subject to terms otherwise agreed upon
between the buyer and seller. However, if the buyer inquires about any property or services and purchases such property or services
on the Site using the online purchase feature, the resulting transaction will be subject to this Agreement. We and the seller will have
no obligation to accept any inquiry and no liability for any delay or failure to respond to any inquiry.
5. ART2BUSINESS.NET SALES
From time to time, art2business.net itself may sell property or services on the Site. If art2business.net is the seller of any item, we
will be identified as the seller on the Site and in the buyer’s order confirmation, in which case we will be responsible for the limited
warranty of authorship provided by the seller in section 15 below. In all other cases, whether online purchase, auction sale or
otherwise, art2business.net is not the seller and we will have none of the seller’s obligations or liability under this Agreement.
6. PAYMENT AND PASSING OF TITLE
Subject to all applicable terms and conditions of this Agreement, upon the confirmation of any online purchase, the sale contract
between the buyer and seller is concluded and the buyer must pay the total amount due (comprising the purchase price, any
applicable taxes, any and all shipping, handling and packing fees and costs, and all other applicable charges) in good cleared
funds no later than 4:30 pm PST on the seventh calendar day after the sale. Title to the property will pass to the buyer when physical
possession of the property is transferred to the buyer or to the buyer’s agent or carrier, and no purchase will be fulfilled until payment
has been made. In any case, no payment will be deemed made until we or the seller receive the total amount due from the buyer in
good cleared funds, including for credit card purchases. All payments must be made in U.S. dollars unless otherwise agreed in
writing. The buyer may pay by check or wire transfer, or, subject to our sole discretion, by ACH or credit card, and we are not
obligated to accept payment by any other means. ACH and credit card purchases are limited to U.S. $25,000 per purchase unless
otherwise permitted on the Site. We accept American Express, Visa, MasterCard or Discover only. We may use third party payment
processors to process any payment. If any credit card payment is not approved, the buyer will remain personally liable for the total
amount due. The buyer agrees to notify us directly of any claims or issues regarding any payments made to us by credit card or any
other means. The buyer consents to us paying commissions out of amounts received from the buyer to third parties referring us
clients or property.
Unless exempt by law, the buyer is required to pay any and all sales, use, GST, VAT or any other taxes applicable to the buyer's
purchases, including, for international purchases, any applicable customs charges, duties and tariffs. The seller may also be
required to collect sales, use, GST, VAT or any other taxes as applicable to the transaction.
8. SHIPPING AND HANDLING
The buyer is required to pay all shipping, handling and packing fees and costs for the purchased property. The seller will bear full
risk and responsibility for the property until physical possession of the property is transferred to the buyer or to the buyer’s agent or
carrier, at which time full risk of loss or damage to the property will shift to the buyer. The Site may include links and features that
enable buyers or sellers to access services provided by third party handlers, packers or carriers, and we may recommend service
providers to buyers or sellers upon request. Any such links, features and recommendations are for convenience only and do not
constitute any warranty or assumption of liability of any kind by us. We will not be responsible or liable for the acts or omissions of
the seller or any third party handler, packer or carrier in the shipping, handling or packing of any property, whether or not
recommended by us or accessible through the Site.
9. REMEDIES FOR NON-PAYMENT
If the buyer without prior agreement fails to pay the total amount due in good cleared funds within the time required in section 7
above, including but not limited to any case where the buyer cancels any payment made by credit card or any other means, the buyer
will be in default, and we will be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in
addition to any and all other rights or remedies available to us and the seller by law): (i) hold the buyer liable for the total amount
due; (ii) cancel the sale, retaining any partial payments made by the buyer as liquidated damages; (iii) resell the property, and the
buyer will be liable for payment of any deficiency between the total amount originally due and the price obtained upon resale; (iv) pay
the seller an amount up to the net proceeds payable in respect of the purchase price, and we will have all rights of the seller
(whether at law, in equity or under this Agreement) to pursue the buyer for such amount; or (v) take such other action as we deem
necessary or appropriate. In any case, the defaulting buyer will be liable to us and the seller for any and all costs, expenses
(including reasonable attorneys’ fees) and incidental damages incurred in connection with the buyer’s default and/or the exercise of
any and all of the above rights or remedies. In addition, the defaulting buyer will be deemed to have granted to us and the seller a
continuing first priority security interest in any money or property of or owing to the buyer in our possession or in the possession of
the seller or any of our affiliates, and we may retain and apply such money or property as collateral security for the buyer’s
obligations to us or the seller.
We cannot guarantee that property listed for sale on the Site will always be listed with the correct price, and we reserve the right in
our sole discretion to cancel any order where the item has been listed with an incorrect price. If the correct price of an item
purchased on the Site is higher than its listed price, we will, at our discretion, either contact the buyer to ask if they wish to purchase
the item at the correct price or cancel the order and notify the buyer of such cancellation. If your order is cancelled under such
circumstances, you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you, if any,
and you agree that we and the seller will otherwise have no liability whatsoever for any such cancellations or errors on the Site.
We cannot guarantee that property listed for sale on the Site will always be available, and we cannot confirm the availability of any
item until you order. If we are notified by the seller or otherwise become aware that an item purchased on the Site is actually no
longer available, we will cancel the order and notify the buyer of such cancellation. If your order is cancelled under such
circumstances, you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you, if any,
and you agree that we and the seller will otherwise have no liability whatsoever for any such cancellations or errors on the Site. You
agree that all purchases made on the Site are subject to availability.
12. EXPORT, IMPORT AND OTHER LICENSES
Prospective buyers are advised that all transactions on this site are U.S. only.
13. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE LIMITED WARRANTY OF AUTHORSHIP PROVIDED BY THE SELLER IN SECTION 15 BELOW, ALL PROPERTY
IS SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, AND NONE OF THE SELLER, ART2BUSINESS.NET OR ANY
OF OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS OR EMPLOYEES MAKES ANY REPRESENTATIONS OR
WARRANTIES OR ASSUMES ANY LIABILITY OF ANY KIND WITH REGARD TO THE MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE,
MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE OF ANY PROPERTY AND NO
STATEMENT ANYWHERE, WHETHER ORAL OR WRITTEN, WHETHER MADE ON THE SITE, IN A BILL OF SALE, AN
ADVERTISEMENT, ANY OTHER SUPPLEMENTAL MATERIALS OR ELSEWHERE, WILL BE DEEMED SUCH A REPRESENTATION,
WARRANTY OR ASSUMPTION OF LIABILITY. ALL STATEMENTS MADE BY US OR ANY OF OUR REPRESENTATIVES ORALLY OR
IN WRITING ON THE SITE OR ELSEWHERE REGARDING ANY PROPERTY ARE STATEMENTS OF OPINION AND ARE NOT TO BE
RELIED ON AS STATEMENTS OF FACT. WE AND THE SELLER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO
WHETHER THE BUYER WILL ACQUIRE ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ANY PROPERTY
SOLD OR WHETHER ANY ARTWORK SOLD IS SUBJECT TO ANY ARTIST’S MORAL RIGHTS OR RESIDUAL RIGHTS. WITH
RESPECT TO PROPERTY AVAILABLE FOR BIDDING, ANY ESTIMATE OF THE SELLING PRICE SHOULD NOT BE RELIED ON AS A
STATEMENT THAT THIS IS THE PRICE AT WHICH THE ITEM WILL SELL OR ITS VALUE FOR ANY OTHER PURPOSE. WE AND,
EXCEPT AS PROVIDED IN SECTION 15 BELOW, THE SELLER, WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
ON THE SITE OR IN ANY SUPPLEMENTAL MATERIALS.
14. SELLER’S LIMITED WARRANTY
Authorship. The seller warrants for a period of five (5) years from the sale date that if the property sold by the seller is described
without qualification at the sale date in the property listing on the Site in BOLD or UPPER CASE type to be the work of a named
authorship, then the property is authentic and is not a forgery. This warranty is subject to the following terms and conditions: (i) it
does not apply to property whose description on the Site corresponded with the generally accepted opinion of scholars or experts at
the sale date or fairly indicated that there was a conflict of opinions; (ii) it does not apply to property whose description on the Site at
the sale date is proved inaccurate by means of a scientific process not generally accepted for use until after the sale date or a
process which at the sale date was unreasonably expensive or impractical or likely to have caused damage to the property; (iii) the
benefits of this warranty are not transferable and will apply only to the original buyer, and not to the buyer’s successors or assigns or
any other party; and (iv) “authorship” means only the creator of the property or the period, culture, source or origin of the property, as
the case may be, as described at the sale date in the property listing on the Site in BOLD or UPPER CASE type.
Cancellation and Refund. The seller agrees to cancel the sale and refund the purchase price of the property to the buyer subject to
the following conditions: (i) the buyer must notify the seller in writing within ninety (90) calendar days after the buyer first receives any
information leading to the belief that the seller’s limited warranty of authorship has been breached, in any case within five (5) years
after the original sale date, and must provide such information to the seller; (ii) the buyer must have remained the owner of the
property without disposing of any interest in it to any third party; and (iii) the buyer must return the property to the seller in the same
condition it was in at the original sale date. The seller reserves the right, as a condition to cancelling any sale under the warranty, to
require that the buyer obtain, at the buyer’s expense, the written opinions of two independent and recognized experts in the field
mutually acceptable to the buyer and seller. The seller will not be bound by any expert reports produced by the buyer and reserves
the right to obtain additional expert opinions at the seller’s own expense. The seller has the discretion, but no obligation, to waive
any of the above requirements.
Exclusive Remedy . The buyer expressly acknowledges and agrees that cancellation of the sale and refund of the purchase price
subject to the above terms and conditions will be the buyer’s sole and exclusive remedy, in place of any other remedy or recourse
that might be available as a matter of law or in equity. None of the seller, art2business.net or any of our officers, owners, directors,
consultants, agents or employees will be liable to the buyer for any special, incidental or consequential damages, including, without
limitation, loss of profits or interest.
No Warranty by art2business.net . Except for property sold by art2business.net itself, we and our officers, owners, directors,
consultants, agents and employees make no representations or warranties of any kind with respect to any property and will not be
responsible or liable for the limited warranty of authorship provided by the seller.
15. LIMITATION OF OUR LIABILITY
All buyers, bidders and sellers that use the Site expressly agree: (i) to hold art2business.net and our officers, owners, directors,
consultants, agents and employees completely harmless from any dispute regarding any property offered or sold on the Site; and
(ii) that in no event will art2business.net or any of our officers, owners, directors, consultants, agents or employees have any liability
whatsoever with regard to the listing, offer or sale of any property on the Site; except that: (a) our liability to the seller may vary as
otherwise provided in a separate written agreement between us and the seller; and (b) with respect to property sold by art2business.
net itself, our liability to the buyer will be limited to the remedy expressly provided in section 15 under the seller’s limited warranty of
16. LAW AND JURISDICTION
This Agreement and the rights and obligations of the parties under this Agreement will be governed by and construed and enforced
in accordance with the laws of the State of Oregon, U.S.A., excluding any conflicts of laws principles. All buyers, bidders and sellers
that use the Site agree to submit to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, Jackson County,
Oregon, U.S.A. to resolve any claim or dispute arising out of or related to this Agreement or any sale conducted in whole or in part on
the Site. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to this Agreement
or any sale conducted in whole or in part on the Site.
17. CHANGES TO THIS AGREEMENT
We reserve the right to change, modify, add or remove any part of this Agreement, at any time and in our sole discretion, by posting
the updated Agreement on the Site. Any changes to this Agreement will be effective immediately when posted, and all prospective
buyers should review this Agreement carefully before participating in any sale. Changes to this Agreement will not apply to any
transaction, claim or dispute that arose before such changes became effective, all of which will remain subject to the terms and
conditions of this Agreement in effect at the time that such transaction, claim or dispute arose. Please save and/or print a copy of
this Agreement for your records.
This Agreement, together with any other applicable terms, conditions and information made available on the Site, including but not
limited to any terms and conditions applicable to certain property, and (as applicable) any written terms, conditions and information
made available by us or the seller at a live event, constitutes all of the terms and conditions on which you may purchase property or
services on the Site. It is your responsibility to carefully review the complete property listing on the Site, including but not limited to
the More Info section, before participating in any sale. If any part of this Agreement is found by a court of competent jurisdiction to be
invalid or unenforceable for any reason, that part will be limited or removed to the minimum extent necessary and this Agreement
will otherwise remain in full force and effect. Our delay or failure to exercise or enforce any right or provision of this Agreement will
not be deemed a waiver of that or any other right or provision of this Agreement. This Agreement is binding on your successors and
assigns, but you may not assign this Agreement without prior written consent from us and the seller. This Agreement will inure to
the benefit of our successors and assigns. The paragraph and section titles in this Agreement are for convenience only and have no
legal or contractual effect.
19. CONTACTING ART2BUSINESS.NET
If you have any questions or inquiries about these Conditions of Sale or your use of the Site, please email us at
, or write us at Art2business.net, Attn: Sales, 1314B Center Dr. #432, Medford, OR 97501.
Updated: March 12, 2015