TERMS AND CONDITIONS
What personal information about customers does Artifuse collect?
Artifuse is designed around the principle that we should store the minimum level of personal detail necessary to provide the services associated with an individual's account. Most of this detail can be accessed at any time by an individual through their account administration pages, and amended or deleted as desired. There are two exceptions: 1) favourites recorded under an account, which can be omitted on a per-piece basis; and 2) transaction data associated with an account. Details of the transactions previously executed under an account cannot be amended, as this information is required for administration purposes. A full list of the details saved for any purchase made through Artifuse can be found here.
What about Cookies?
Unlike most modern websites, Artifuse makes no attempt to track users through time using personalised cookies. Cookies are only used on the site for account administration purposes, and are not stored at the end of a visit to our site. We do not share information about you with any third-party advertisers, and make no attempt to 'profile' our users. This is because we believe that you have a fundamental right to your privacy, and that this right is more important than any customisation of your user experience that we could devise.
Does Artifuse comply with European privacy regulations?
The slightly longer answer is that the European privacy regulations do not require warnings to be issued for 'necessary cookies'. Necessary cookies are those required to enable basic functionality of a website. As Artifuse uses only necessary cookies – omitting third-party cookies that 'profile' users – we do not need a cookie banner. You can confirm this via the free on-line testing tool at https://www.cookiebot.com.
TIP: Most browsers provide information about how you can avoid accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. Please note, however, that if you choose to block cookies from Artifuse, then you will no longer have access to any account-specific functionality, including the option to purchase artwork via the site.
Does Artifuse ever share personal information?
Artifuse never shares personal information with third-party entities, except where specifically necessary to provide a requested service. For example, Artifuse will never share your postal details with a data collection agency, but will provide your postal details to our partner couriers when transport of an artwork has been requested as part of a sale. To restate, we treat your information with the strictest confidence, and will never reveal it unless it is required to provide a service you have requested from us.
How secure is the personal information I have saved with Artifuse?
We work hard to protect the security of any information that you share with us. All communications with our website are encrypted via Transport Layer Security (TLS) software. Our website is designed to cope with known security threats, and is regularly tested using third party advisory services. You can evaluate our success in this regard free-of-charge at any time via third-party website testing applications (e.g. https://www.ssllabs.com/ssltest/, https://observatory.mozilla.org, https://www.immuniweb.com).
The Django framework upon which the site is based includes a wide range of security features, and we follow best practice methods in architectural design of the site. We augment these security features in our handling of especially sensitive personal data, via file encryption on our servers. These data are only accessible by selected Artifuse employees on a need-to-know basis.
All purchase transactions are processed via 'Stripe', a well-established technology provider for on-line payment solutions (https://stripe.com). As a consequence, any details for cards that you use for purchases on the site are never accessed by our servers, providing an added layer of specialist security.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to logout, and close the web browser when you finish using a shared computer.
What about links to other websites?
Artifuse can include links to other websites. In general, Artifuse transmits no personal information to these sites, and takes no responsibility for their administration. The only exception is where a service you have requested from us requires us to provide information to a third-party site for completion (e.g. as with payments via Stripe described above).
Artifuse does not include any third-party advertisers.
What choices do I have?
The minimal approach that Artifuse takes toward user data implies a similarly simple choice in relation to data provision. There are only two options: 1) explore Artifuse with complete anonymity by not signing in to your Artifuse account; or 2) sign-in to an account for additional functionality, subject to our terms of data use detailed here.
Required details for alternative aspects of site functionality are indicated by asterisks (*) on the associated request forms. Details that can be optionally stored for subsequent use with Artifuse are sometimes associated with check-boxes. The default option for all of these check boxes is to not save additional detail.
Can I obtain a copy of the data I have saved with Artifuse?
You can request a copy of the data that we have saved for you via a button at the bottom of your account Details page. We will reply to any data request by email, which will include a file attachment that lists your data.
Are children allowed to use Artifuse?
Artifuse does not sell products for purchase by children. If you are under 18 years of age and would like to use Artifuse, you should do so only with the assistance of your parent or guardian. Artifuse does not collect or store any information concerning individuals aged under 18 years.
TERMS OF SERVICE
When you choose to use Artifuse you should be aware that you are agreeing to the terms under which our services ('Services') are offered; those terms are described here. Please familiarise yourself with these terms, and contact us if anything is unclear. Please also note that, if there appears to be any ambiguity between alternative language translations of these Terms of Service, then the English language version applies.
Don't misuse Artifuse Services. For example, don't interfere with Artifuse Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using Artifuse does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from Artifuse unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
The Artifuse website displays some content that is not the property of Artifuse. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
In connection with your use of Artifuse, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Artifuse account
You may need an Artifuse Account in order to use some of our Services.
To protect your Artifuse Account, keep your password confidential. You are responsible for the activity that happens on or through your Artifuse Account. Try not to reuse your Artifuse Account password on third-party applications. If you learn of any unauthorized use of your password or Artifuse Account, please reset your password, and contact us immediately to ensure that any unauthorised activity can be rectified.
Privacy and copyright protection
Artifuse responds to any notice of copyright infringement, and reserves the right to terminate any account found to be in infringement of copyright. If you think somebody is violating your copyrights and want to notify us, then please contact us.
Your content in our services
Content uploaded by users is an important factor underlying the Services offered by Artifuse. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, or send content to our Services, you give Artifuse a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations or other changes we make so that your content works better with our Services), communicate, publish, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services. This license is limited to the period when you are using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you have an Artifuse Account, we may display your Profile name, Profile photo, and selected professional information included with your Profile, subject to respecting any choices you have made to limit the display of that content.
About software in our services
Artifuse gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Artifuse as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Artifuse, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
The full purchase price to a buyer of any artwork sold through Artifuse is comprised of a piece-specific list price and associated delivery charges, which are included as separate lines on a buyer's bill of sale. The revenue realised by a seller of an artwork sold through Artifuse is equal to the list price less the servicing commission charged by Artifuse.
The list price is the price charged for an artwork by a seller to a buyer. The list price is inclusive of all export duties and sales taxes (VAT), and is displayed under the info-icon of each artwork listed for sale on the site.
Delivery charges for any purchase through Artifuse include costs of transportation, insurance, and applicable customs duties. These costs are incurred by any sale for which a courier service is requested by the buyer, and are included as a separate line in the associated bill of sale. Delivery charges are omitted for any sale in which courier services are not requested.
Duties and taxes
Any applicable customs duties and consumption taxes (VAT) for a sale of artwork through Artifuse are included in the list price provided on the site. Each seller is responsible for ensuring that they comply with applicable regulations, and should make allowance for these charges wherever they are applicable.
Current standard rate: 22.0%. Artifuse levies a single flat-rate commission (inclusive of consumption taxes) on the list price of all sales made through the site. Artifuse retains the right to alter this rate of commission at any time, subject to providing all registered sellers 7 days notice by email.
Modifying and terminating our services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we'll be sorry to see you go. Artifuse may also stop providing Services to you, or add or create new limits to our Services at any time. If we do discontinue a service in which you have data recorded, then we will endeavour to give you reasonable notice to recover those data.
Artifuse maintains a 14-day returns policy for all artwork sold through the site.
We will refund any artwork purchased through the site, subject to three conditions: 1) the buyer informs Artifuse of their desire to return the artwork within 14 days of receiving the artwork; 2) a courier collects the artwork for return delivery no later than 15 days following Artifuse's email acknowledging the buyer's statement that they would like to return the artwork; and 3) the artwork is returned in the same condition in which it was received.
All returns in accordance with this returns policy will be refunded the list price of the artwork. The list price is equal to the purchase price of the artwork exclusive of any (one-way) delivery charges added at the point of sale. See our pricing policy for details concerning the computation of delivery costs.
A return through Artifuse is processed as follows: 1) The buyer sends an email to Artifuse within 14 days of receiving an artwork, stating that they would like to return it; 2) Artifuse sends an email to both the buyer and seller advising that the sale has been cancelled, and describing the remaining tasks required to process the return (as defined here); 3) Artifuse contacts our couriers to organise the return delivery to the seller; 4) The buyer organises a time and place for the couriers to pick-up the artwork via the respective order summary on our website – the pick-up time must be within 15 days of Artifuse's email acknowledging the buyer's statement that they would like to return it; 5) The buyer packs the artwork for transport prior to courier pick-up; 6) The courier picks-up the artwork from the buyer as agreed under (4); 7) Artifuse sends an email to both the buyer and seller notifying them that the artwork is in transit and providing a tracking number; 8) The artwork is delivered and signed for by the seller; 9) An email is sent to both the buyer and seller advising that the artwork has been delivered, and that the transaction is now complete; 10) The list price of the artwork is credited to the buyer's initial mode of payment.
Any artwork that is delivered by a courier service ordered through Artifuse is financially covered for all damage to the work from the time that the artwork is collected by the courier until it is delivered. The buyer may, at their discretion, choose not to use Artifuse's preferred couriers for return of the artwork to its place of origin. Please note, however, that in that case the buyer will be responsible for both the costs of the return delivery and any losses due to damage of the artwork in transit.
If courier services are ordered through Artifuse, then Artifuse insures damage to the artwork during it's time in transit (that is, from the time that it is picked-up by the courier until it is delivered). This insurance is provided on the condition that the recipient informs Artifuse of any damage to the artwork as a result of transportation within 2 days of delivery.
Any insurance claim for damage to an artwork that is suffered during its out-bound transit with our partner couriers is processed as follows. 1) The buyer sends an email to Artifuse within 2 days of receiving the artwork, stating that it arrived damaged; 2) Artifuse sends an email to both the buyer and seller advising that the sale has been cancelled, and describing the remaining processing procedure (as defined here); 3) Artifuse contacts our couriers to organise delivery to Artifuse; 4) The buyer organises a time and place for the couriers to pick-up the artwork via the respective order summary on our website – the pick-up time must be within 15 days of Artifuse's email acknowledging the buyer's statement that the artwork is damaged; 5) The buyer packs the artwork for transport prior to collection; 6) The courier picks-up the artwork from the buyer as agreed under (4); 7) Artifuse sends an email to both the buyer and seller notifying them that the artwork is in transit and providing a tracking number; 8) The artwork is delivered and signed for by Artifuse; 9) An email is sent to both the buyer and seller advising that the artwork has been delivered, and that the transaction is now complete; 10) The list price of the artwork is credited to the buyer's initial mode of payment; 11) The seller is paid the same sum that they would have received if the artwork had not been damaged in transit and not returned by the buyer. Any artwork for which a transport insurance claim is paid by Artifuse becomes the property of Artifuse following the claim.
Insurance claims for damage to an artwork suffered during return transit to the seller from the buyer are processed in a similar way as described for out-bound transport, but with the seller taking responsibility for passing the artwork to our courier services for delivery to Artifuse.
Warranties and disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
Other than as expressly set out in these terms, neither Artifuse nor its suppliers or distributors make any specific promises about the Services. For example, we don't make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. Our Services are provided 'as is'.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our services
When permitted by law, Artifuse, and Artifuse's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Artifuse, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.
In all cases, Artifuse, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Artifuse and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys' fees.
About these terms
We may modify these terms to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Service.
These terms control the relationship between Artifuse and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply Swiss law to some types of disputes. If you reside in one of those countries, then where Swiss law is excluded from applying, your country's laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Switzerland will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Switzerland, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the courts of Switzerland, and you and Artifuse consent to personal jurisdiction in those courts.