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Terms & Conditions

Please read these terms and conditions carefully before using this Site and before ordering any artwork. The Artist's terms and conditions which can be found in the artist's information pages of the Site will also apply.

  1. ABOUT US

    1. Our website https://returnonart.com (Site) is operated by Return On Art GbmH (we). We are a limited liability company registered Austria under the company number FN 518613 t. Our registered office is located at Wattgasse 48, 1170 Vienna, Austria.
      We are VAT registered and our registration number is AT U74763801.
    2. To contact us, please visit https://returnonart.com/contact.
  2. ABOUT THESE TERMS

    1. These terms (together with our privacy policy, cookie policy and other documentation referred to below) are the terms and conditions (Terms) on which you may make use of our Site.
    2. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, who the artists are, how you will order products, how you and we/the artists may change or cancel an order, what to do if there is a problem and other important information.
    3. By using our Site, you confirm you accept these Terms and that you agree to comply with them. If you do not agree to these Terms then you must not use our Site. We recommend you print a copy for future reference.
    4. We amend these Terms from time to time. Every time you wish to use our Site, please check the Terms, which can be found on our Site, to ensure you understand the Terms that apply at that time.
  3. YOUR ORDER

    1. We act as an agent on behalf of our artists. When you submit an order to purchase artwork, you are making an offer to purchase artwork from that artist subject to these Terms, the terms and conditions specific to the relevant artist (available on the artist's page), and the information contained on the relevant artwork page. A legally binding contract is formed between you and the artist (once we have sent you email confirmation accepting your order (as an agent for and on behalf of the artist).
    2. Each artwork ordered by you and accepted by us constitutes a separate contact with the artist.
    3. Please read our Terms, the email confirmation of your order, and the relevant information, including any terms and conditions of the relevant artist (available on the artist's page) and any information on the artwork page in relation to your order. Should there be any conflict or inconsistency between our Terms, the email confirmation of your order, the artist's terms and conditions, or the information available on the artwork page, our Terms shall prevail to the extent of any conflict or inconsistency.
    4. We make no representations or give any undertaking, that the artwork you purchase from our artists through our Site will be as described in the listing contained on the artwork page, of satisfactory quality, or fit for purpose. This does not affect your statutory rights against the artist.
    5. We do not accept any responsibility whatsoever for any listing (including the product descriptions or any visual representations) contained on the artwork or artist's pages. This is the responsibility of the artist.
  4. PRICE AND PAYMENT

    1. The Price of any artwork displayed on our Site includes value added tax (or similar applicable taxes in any jurisdiction to which you or the relevant artist are subject) at the prevailing rate from time to time, and is correct to the best of our knowledge and the most up-to-date price for the relevant artwork. We take all reasonable care to ensure that the price is correct. It is always possible that, despite our best efforts, the price advertised on our Site may be incorrect. We will normally check the price before accepting your order and will contact you to notify of any changes to the price before accepting your order.
    2. Any purchase of artwork you make via our Site from our artists may only be paid for using payment services provided by PayPal. We will hold your payment for up to thirty days after you have received the artwork, after which time your payment goes directly to the artist after we deduct our percentage based commission.
    3. All payments are to be made in pounds sterling, euros or US Dollars. Please note delivery charges and other ancillary charges will apply and will vary depending on the delivery destination and the method of delivery you choose when placing your order.
    4. These terms, and/or any transaction made by you via our Site, do not create or imply any partnership, joint venture or trust relationship between us, you and/or our artists. Our artists accept that valid payment via Paypal at the time of placing your order shall satisfy your obligation to pay for your order.
  5. REFUSAL OF ORDER
    We reserve the right to refuse to process, unwind, or suspend an order at any time. Any decision to take such action is within our sole discretion and we shall not be liable to you as a customer, our artists or other third party for doing so.

  6. DELIVERY

    1. Our individual artists are responsible for the dispatch and packaging of your order. Your order shall be sent to you direct from the artist. Delivery methods, costs, and estimated time for delivery shall vary according to the delivery methods offered by each individual artist. Please refer to the relevant artwork page for more information.
    2. Our artists will endeavour to dispatch artwork within seven working days of confirmation of the order, although this cannot be guaranteed and time shall not be of the essence.
    3. We shall not be liable for any loss, delay or damage to the artwork.
  7. RETURNS, REFUNDS AND EXCHANGES

    1. You have a statutory right to return most artwork ordered via our Site and you may request a refund:
      1. if you change your mind within fourteen days of the date on which you received your order; or
      2. if the artwork is damaged at the time of delivery and you notify us within 48 hours of delivery and return the same within thirty days of the date on which you received your order.
    2. If you wish to exercise your right to change your mind, please contact us by email at hello@returnonart.com. Please include your name, address, telephone number, email address, booking reference, the reason why you wish to return the artwork, and a high resolution image of the artwork so we can inspect its condition.
    3. We are authorised to handle returns on behalf of the artist and will email to confirm acceptance to return and instructions on how to return the artwork to the artist.
    4. You must dispatch the artwork within fourteen days of you telling us that you wish to end the contract. Unless we agree that the artist will cover the costs of return under clause 7.5 you must pay the costs of return. You must use a method of postage equal to the method used by the artist to deliver the artwork (ensuring the artwork is appropriately insured under a level of insurance at least equal to the level of insurance used by the artist for delivery of the artwork).
    5. The artist will, at their option, pay the costs of return or collection, if the artwork is damaged and you are exercising your right to return the artwork under clause 7.1(b
    6. A refund may only be made to the purchaser of the artwork and will be refunded directly to the original payment method within fourteen days of the date on which we receive the artwork.
    7. If you are exercising your right to change your mind under clause 7.1(a we may reduce your refund of the price to reflect any reduction in value of the artwork, if this has been caused by, in our sole opinion, your mishandling of the artwork. The maximum refund for any delivery costs will be the costs of delivery by the least expensive delivery method the artist offers.
    8. Returns and refunds are not possible under any other circumstances.
  8. LICENCES
    You are responsible for obtaining, at your own cost, such import licences and other consents in relation to the artwork as required from time to time. If required, you shall make such licenses and consents available to the artist prior to dispatch of the artwork from the artist's place of business.

  9. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU

    1. Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents and for fraud or fraudulent misrepresentation.
    2. If you are a business user:
      1. we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it;
      2. we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        1. use of, or inability to use, our Site; or
        2. use of or reliance on any content displayed on our Site; and
      3. in particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
    3. If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  10. OUR SITE

    1. Accessing our site
      1. You are responsible for providing your own internet connection and ensuring that you have a compatible web browser to use our Site and the services offered on it. You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
      2. You are also responsible for ensuring that all information (such as your name, address and contact details) you input into our Site, is correct and accurate. You should check all information before placing an order.
    2. We may make changes to our Site. We may update and change our Site from time to time to reflect changes to our products displayed on our Site, our artists' needs and our business priorities. We will try to give you reasonable notice of any major changes.
    3. Our site is made available free of charge.
    4. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    5. Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
    6. How you may use material on our Site:
      1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
      3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
      4. Our status (and that of our artists) as the authors of content on our Site must always be acknowledged.
      5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
      6. If you use our Site or its content in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
      7. If you become aware that any of your intellectual property rights have been infringed on our Site, please contact us to report your concern.
    7. Do not rely on information on this Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
    8. We are not responsible for websites to which we link. Where our Site contains links to other sites and resources provided by third parties (such as Instagram and Trustpilot), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them (except for any content uploaded by us to our Instagram page) we have no control over the contents of those third party websites or resources.
    9. User-generated content is not approved by us:
      1. Our Site and other third party sites may include information and materials uploaded by other users, including comments on our Instagram page. This information and these materials have not been verified or approved by us. The views expressed by other users do not necessarily represent our views or values.
      2. If you wish to complain about information and materials uploaded by other users please contact us.
    10. Uploading content to our Site:
      1. Whenever you make use of any feature that allows you to upload content to our Site, , your contributions must:
        1. be accurate (where they state facts);
        2. be genuinely held (where they state opinions); and
        3. be lawful.
      2. Your contributions must not:
        1. contain any material which is defamatory of any person;
        2. contain any material which is obscene, offensive, hateful or inflammatory;
        3. promote sexually explicit material;
        4. promote violence;
        5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
        6. infringe any copyright, database right or trade mark of any other person;
        7. be likely to deceive any person;
        8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
        9. promote any illegal activity;
        10. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
        11. be likely to harass, upset, embarrass, alarm or annoy any other person;
        12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
        13. give the impression that they emanate from us, if this is not the case; or
        14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
      3. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
      4. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and our suppliers a limited licence to use, store and copy that content.
      5. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
      6. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out above.
    11. Viruses:

      1. We are not responsible for viruses and you must not introduce them
      2. We do not guarantee that our Site will be secure or free from bugs or viruses.
      3. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
      4. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
    12. Rules about linking to our site:

      1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
      2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
      3. You must not establish a link to our Site in any website that is not owned by you.
      4. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
      5. We reserve the right to withdraw linking permission without notice.

      The website in which you are linking must comply in all respects with the content standards set out in clause 10.1. If you wish to link to or make any use of content on our Site other than that set out above, please contact us via the "contact" section of our Site.

  11. WAIVER
    A waiver of any right or remedy is only effective if given in writing and expressed to be a waiver. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive any of your obligations under these Terms or any other right or remedy; nor prevent or restrict the further exercise of any of your obligations under these Terms or any other right or remedy.

  12. SEVERANCE
    If any of these Terms are or become invalid, illegal or unenforceable, the relevant Term(s) shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant Term(s) shall be deemed deleted. Any modification to or deletion of such Term(s) under this clause shall not affect the validity and enforceability of the rest of these Terms.

  13. THIRD PARTY RIGHTS
    We reserve the right to enforce these Terms on our own behalf or for and on behalf of our artists. No terms shall be enforceable by any third party (including any of our employees, agents or our artists) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  14. GOVERNING LAW
    Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, or any order (including its subject matter or formation), shall be exclusively governed by and construed in accordance with the law of England.

  15. JURISDICTION
    Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or any order (including its subject matter or formation).

  16. FEEDBACK AND COMPLAINTS
    We welcome general comments and feedback about our Site. Please contact hello@returnonart.com.

Complaints about a specific artist, or artwork, must be directed to us at [email address].

Version: April 2020