TERMS AND CONDITIONS
Effective from the 24th of February 2020
- 'Art Submissions" mean user generated artwork submitted and displayed on the ArtRootz website, potentially for sale
"ArtRootz", "we" or "us" means Artrootz, the name of our company, registered in the Netherlands, company number 76168743, registered offices located at the above mentioned address: Bunschotenmeen 90, 3844 HJ Harderwijk
"Seller" means the seller of record for any Goods
"Buyer" means the person whose name is printed on the Order
"Contract" means the order and Order Confirmation (incorporating any Special Conditions)
"Defective" means containing a fault or defect
"Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions
"Order" means the Buyer's Order for Goods or services
"Price" means the price together with postage and packing in force at the date and time of the Order
"Receipt" means the date when the Order has been delivered to the buyer
"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation
"Rental Agreement" means the Contract governing rental of Goods as agreed at the time of the rental Order and any subsequent amendments
Website Use and Access
ArtRootz grants you permission to use our Website as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Website in any medium without our prior written approval; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose (iii) you agree to the Terms and Conditions as set forth in this document, and (iv) your use of the Website as permitted is solely for your own personal use.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account and user profile you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify ArtRootz of any unauthorised use of your password or account or any other breach of security. ArtRootz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If ArtRootz suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination and you may be barred from using the Website.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by artists and any other materials (collectively the "Content") or services to the Website. The Website may contain links to third party websites that are not owned or controlled by ArtRootz, therefore ArtRootz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release ArtRootz from any and all liability arising from your use of any third-party website.
User Code of Conduct
The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:
is defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringes or violates any patent, copyright, trademark, trade secret or other property right;
violates any laws;
breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
violates or encourages others to violate any applicable law, statute, ordinance or regulation;
promotes software or services that deliver unsolicited e-mail;
contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;
is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
harms minors in any way.
In addition, you may not use the Website to:
upload, post, email or otherwise transmit any Content that releases personal information including telephone numbers, street addresses, last names, URLs or email address;
engage in commercial activities within the Website;
take any action that may undermine any ratings system that ArtRootz and the Website uses to curate submissions;
provide false or deceptive information within your profile or any other Content you post on the Website;
harass and/or stalk other users on the site;
delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;
allow usage by others in such a way as to violate these Terms and Conditions;
copy, modify, or distribute (i) Content from any Website or (ii) any ArtRootz copyrights or trademarks;
impersonate any person or entity, including, but not limited to, an ArtRootz official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Orders and Specifications
- All Goods are offered for sale subject to availability and subject to ArtRootz and the Artists.
- ArtRootz will guide you through the ordering process. Before submission, you have the opportunity to review your order and amend it. In case of wrong information during the order process, please contact us as soon as possible. In case we are not able to process the order, we will contact you as soon as possible to ask for complete or accurate information.
ArtRootz has a policy of continuous product development with the Buyers, Artists and Curators we work with and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the bespoke, hand crafted nature of many of the Goods sold on Rise Art, the exact size of Goods may alter slightly from piece to piece and from the official Goods dimensions listed on the ArtRootz website.
ArtRootz endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor or home printing device.
Prices, payments and currencies
All prices are inclusive of any applicable sale taxes at the country of origin of the Goods. The Buyer shall be responsible for any other taxes (including but not limited to any custom duties) applicable in the territory to which the Goods are sent.
Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
ArtRootz may offer multi-currency enabled transactions, which means the Buyer can select the currency of their choice when at check-out.
The Buyer undertakes that all details provided to ArtRootz for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. ArtRootz reserves the right to obtain validation of the Buyer's credit card or debit card details before accepting the Buyers Order.
Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by ArtRootz. The Seller reserves the right to reject any Order based on erroneous pricing, discounts, or promotions. Unless otherwise agreed by ArtRootz, any discounts or promotions are not cumulative, and no more than one discount or promotion shall be used on the same Order.
Shipment and Delivery
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of ArtRootz.
The Seller will endeavour to process and ship the purchase Order within 24 hours of Order Confirmation or as otherwise stipulated in the Agreement to Artrootz. Artrootz will dispatch the artwork after thorough inspection and packaging to the final customer. We strive to deliver the artwork within 2-4 weeks. Any dates quoted for delivery of the Goods are indicative only. Some orders may be processed faster, while others might take more time, particularly if they require special packaging or handling. We do our best to provide you with the best service and ship as quickly as possible, as our main priority is to make sure your item is in perfect condition. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
Delivery or framing charges might not be always included in the price of goods displayed on our website. They will be presented to the Buyer afterwards as part of the Order Confirmation.
If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
Purchased Goods may not be returned to the Seller except as provided in the section Refunds, Cancellations and Returns.
Risk of damage or loss of the Goods will pass to the Buyer on delivery at the agreed address.
Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
Be aware of international orders that may be subject to relevant customs duties of the destination country. These duties will be payable by the Buyer. Customs fees are payable upon arrival, in addition to shipping and handling costs. We are not responsible for reimbursing you or discount you for these costs.
ArtRootz insures every shipment to ensure a smooth delivery and minimise risks. The shipping charges will be paid by ArtRootz and are calculated prior to checkout. Bear in mind that the costs to ship the artwork back to our office remains your responsibility. More information about this can be found in our returns and refund policy.
Refunds, Cancellations and Returns
Returns and exchanges of Goods are governed by the Special Conditions of the Rental Agreement in addition to the relevant conditions of this clause that follows.
The buyer shall have the right to return a purchase within fourteen days of Receipt for a refund if the item is Defective or for any other reason provided. The following steps must be followed:
(i) Email firstname.lastname@example.org within fourteen days of Receipt stating: (a) Your Order Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund
(ii) Return the Goods to ArtRootz in the condition it arrived in, via the instructions that ArtRootz sends following your email.
(iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
In some cases, framing supplied by ArtRootz is custom made to a specific purchase item. Any purchased item with a custom frame provided by ArtRootz shall not apply for any refund or exchange (please contact us directly on e-mail for more information on this matter).
ArtRootz will not be held liable for any damage to any Goods caused anytime after Receipt of the Order. ArtRootz will not be able to accept any returns of Goods that have been damaged after Receipt.
ArtRootz will process and refund/exchange all returns within 14 days of receiving returned Goods from the Buyer in the post or via our chosen common carrier. For Goods shipped to a different country from the origin country for such Goods, ArtRootz may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
Buyers may request to cancel an Order within 24 hours of placing the Order by emailing email@example.com. ArtRootz will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.
User Content and Availability of Artworks
The interactive nature of postings, all content and artworks display on the Website is entirely under ArtRootz responsibility. The ideas, suggestions, opinions, comments, and observations made by Website users ("Opinions") and any Content provided to us by Website users is endorsed by ArtRootz, and we guarantee the reliability, accuracy, or quality of any Content that is posted on the Website.
ArtRootz requires all artists to agree to the terms and conditions of the agreement ("Contract") set forth in the process of artwork availability. While ArtRootz makes every attempt to validate the legitimacy of all artwork submissions before showcasing and selling work on the site, the artist bears the responsibility for it and your sole recourse for any damage you may suffer as a result of such Art Submissions being sold via the Website or otherwise made available on the Website.
Intellectual Property Rights
The Content on the Website, created by ArtRootz and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ArtRootz, subject to copyright and other intellectual property rights under the Dutch and foreign laws and international conventions. Content on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of ArtRootz or as expressly provided herein. ArtRootz reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Art Submissions of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art Submissions for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You may link to our site in a legal and fair manner, without any form of endorsement, association or approval if none exists. You do not use any logos or trademarks on our website without our express written permission.
ArtRootz requires our users who post Content and artists who submit Art Submissions to respect an honour all copyright laws. In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Art Submissions, that is copyrighted material belonging to others, without obtaining their prior written consent. ArtRootz reserves the right to remove any Content and/or Art Submissions if we believe it may infringe the copyright rights of others. ArtRootz also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term of Service.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ArtRootz to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
Your contact details.
Such written notice should be sent to ArtRootz via Email to: firstname.lastname@example.org
ArtRootz will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.
ArtRootz may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other ArtRootz services. Cause for such termination shall include, but not be limited to:
(a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you (self-initiated account deletions);
(d) discontinuance or material modification to the Website (or any part thereof);
(e) unexpected technical or security issues or problems;
(f) extended periods of inactivity;
(g) engagement by you in fraudulent or illegal activities; and/or
(h) nonpayment of any fees owed by you in connection with the Website or any other ArtRootz product or service.
Termination of your account and access to the Website includes:
(a) removal of access to some or all pages within the Website;
(b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and
(c) barring of further use of the Website.
Further, you agree that all terminations for cause shall be made in ArtRootz's sole discretion and that ArtRootz shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
Modifications to the Website
ArtRootz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. ArtRootz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, ArtRootz and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtRootz, disclaim all warranties, express or implied, in connection with the Website and your use thereof.
ArtRootz makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
ArtRootz does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and ArtRootz will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from ArtRootz or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall ArtRootz, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtRootz, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that ArtRootz shall not be liable for any content, any Submitted Art, Copyright violation by a user of the ArtRootz Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
With regards to Goods purchased by the Buyer, the liability of ArtRootz, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
The Website is controlled and offered by ArtRootz from its facilities in the Netherlands. ArtRootz guaranteees that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ArtRootz, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtRootz, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content or Art caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sub-licensed by you, but may be assigned, transferred, delegated, and sub-licensed by ArtRootz without restriction.
The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of ArtRootz.
All of the ArtRootz and Website trademarks are owned by ArtRootz and may not be used for any purpose without the prior written permission of ArtRootz.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and ArtRootz's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. ArtRootz reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
Violations of Terms and Conditions
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to email@example.com. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. ArtRootz will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.
Personal Data Use, Storing and Sharing
Please note that ArtRootz bears no responsibility over how your data is collected, stored or used by other websites.
Personal Data is defined by the General Data Protection Regulation (EU Regulation 2016/ 679) - GDPR and the Data Protection Act 2018 as 'any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier'.
Personal Data stands for any information that enables one to be identified. Personal Data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data and other online identifiers.
The information our website collects:
your IP address, the type of browser you use and other non-personal data about your computer or device, such as operating system or display resolution.
ArtRootz is responsible for the data collection such as: e-mail address, name and other information that you choose to disclose for us.
Where we collect any personal data, it will be processed and stored securely, for no longer than it is necessary and only for the reason it was first collected. ArtRootz will comply with the Data Protection Legislation under all times and safeguard the Buyer's rights.
ArtRootz will not share any personal data with any third parties for any purposes other than storage on an email or web hosting services.
Only under certain limited circumstances, ArtRootz might be required to share certain personal data, in case of any legal proceedings and in order to comply with legal obligations, a court order or a government authority.
Feel free to contact us about any kind of information regarding personal data and data protection, including to make a subject access request, on the below e-mail address:
Postal Address: Bunschotenmeen 90, 3844 HJ Harderwijk.