PalArt — Art for Palestine

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Terms & Conditions

Terms for participating artists and donors

We are very grateful for your support in donating works and in providing consent to use images of works. The following brief terms apply to all artists and donors:

  1. 1. We affirm that the information given to you is correct and that we are the creators and/or owners of the works or that we have the right to dispose of them and give good title for the works donated. We do so in the full knowledge of these terms and conditions. 
  2. 2. We shall provide to the buyer such information as you wish us to give.  That may be limited to such information given to us on the reverse of works sold in the ‘Anon sale’ which may be genuinely anonymous, or with a signature, a name and a website or contact details. In the open open we reserve the right unless told otherwise to give brief information about the originator. But we are otherwise bound by our privacy policy and personal data obtained about you such as telephone numbers or address won’t be given to bidders or buyers without your say so. 
  3. 3. Works donated can be either collected by arrangement, or can be delivered to the stated address(s). For works from Palestine we have collection points in Ramallah, Bethlehem and Jerusalem or via trustee Firas Sarhan ( firas@abcdbethlehem.org.uk).
  4. 4. Unless specified insurance against loss or damage before transfer to ABCD or sale will not be provided. Each seller/donor is responsible up to the point of transfer/sale whichever is the earlier. 
  5. 5. In the unlikely event that works remain unsold ABCD will retain the works unless specifically asked to return the works. Onward disposal would always be for the benefit of ABCD’s charitable objects.    

Conditions for participating  buyers

We want to make sure you have a great time, have an opportunity to purchase your favourite artworks (“artworks”) and help us make the world of difference to the children we care for and their families in Palestine. For us to make sure nothing goes wobbly, we need you to read these Terms and ensure you are happy with them before you get cracking!

This is a legally binding set of Terms which make up an Agreement between you the purchaser (we’ll use “User” or “you” to make things clear in the terms) and ABCD Bethlehem on behalf of PalArt.

It is  the purchaser’s responsibility to collect or have delivered their purchased works. ABCD will help facilitate this so far as possible, and some personal deliveries may be possible. 

The sale of any artwork through the Website shall constitute an agreement between ABCD and you the Buyer.

ABCD is a registered charity and all funds raised by Pal Art will be donated to the charity.

1 Definitions and Term

1.1 All references to Buyer, User or “you” shall include potential as well as actual Buyers and Users be you (or they) male, female, singular or plural.

1.2 Artists means the creators of the Artworks

1.3 Artworks means the artworks that form part of PalArt

1.4 Terms means these terms and conditions

1.5 ABCD Bethlehem is the beneficiary charity of PalArt and its successors

1.6 Website means www.palart.org.uk and all subdomains or subsections

1.7 These Terms shall remain in force from the date on which you accept the Terms by registering for the Website and shall continue until you complete your purchase, the Auction closes and your bid is unsuccessful or your access is discontinued by ABCD as a consequence of your breach of these Terms.

2 ABCD’s initial obligations

2.1 ABCD warrants that it has full title to all the Artworks and the right to sell the Artworks on behalf of Pal Art. The only exception may be where works have been unavoidably delayed in transit from Israel/Palestine or elsewhere in which case successful bidders will be made aware of this prior to payment allowing sufficient time for the works to be delivered to the UK.

2.2 ABCD shall, on request, provide details of:

2.2.1 accurate dimensions and weight details to interested Bidders in order for them to understand more about the artwork should they have not been able to view it; and

2.2.2 all necessary health and safety information (where relevant) relating to the Artworks.23.3 ABCD shall contact the winning Bidder within 5 days of the end of the Auction to notify them of their win and arrange payment for their artwork(s);

2.4 Other than as specifically set out in these Terms, no warranty or guarantee will be offered by ABCD and you will not hold ABCD responsible for:

2.4.1 the quality, safety or legality of the Artworks;

2.4.2 the accuracy or truth of the information supplied by Artists and uploaded onto the Website;

2.4.3 the unfettered title of the Artworks, and the full right to list the Artworks for sale.

2.5 ABCD is unable to guarantee or warrant continuous or secure access to the Website, which may be vulnerable to factors outside its reasonable control.

2.6 ABCD cannot guarantee or warrant that the Website will be free from error(s) or that its servers will be free from viruses or other harmful content. ABCD will use reasonable endeavours to provide uninterrupted access to the Website, but will not be liable to any User for any loss of opportunity to purchase an artwork as a result of any issues with, or temporary break in, access to the Website.

3 Purchase

3.1 You agree that you are aware of the nature of the Agreement you are entering into when you place a place an order for an artwork. You are in a binding agreement with ABCD for the sale and purchase of the item you have ordered. 

3.2 If you are purchasing an artwork on behalf of someone else, you must be able to confirm that you have, and provide evidence on demand of, the written permission of that person to do so, with personal details and clear agreed financial boundaries for the purchase.

3.3 When you place and order for any artwork in accordance with these Terms you also confirm that:

3.3.1 You are satisfied the artwork has a satisfactory history;

3.3.2 You are satisfied with the dimensions and weight of the artwork;

3.3.3 You are prepared to obtain the artwork in the state in which it is delivered to you, provided it is in accordance with the description given on the Website;

3.3.4 You are able aware of any Health and Safety issues relating to that artwork;

3.3.5 You acknowledge the fragility of certain Artworks, and this means there is an increased risk of damage during delivery;

3.3.6 You are satisfied the picture or description of the artwork provided on the Website constitutes a sufficient level of information to enable you to make an informed decision to buy the Artwork. Should you require more details or a viewing of the Artwork you are entitled to ask for information or visit the Artwork;

3.3.7 You agree that the proceeds of your payment for the Artwork shall go to the beneficiaries of Pal Art, being ABCD Bethlehem and finally

3.3.8 You will pay for the Artwork, and you may not withdraw your order if it is accepted by ABCD.

3.4 ABCD reserves the right at its sole discretion to:

3.4.1 decline to allow or accept bids from individual bidders; or

3.4.2 suspend or terminate the sale of a specific Artwork where it determines there is a risk to the auction, or where it is in receipt of information that an abuse of the Terms has occurred, or is likely to occur.

 4 ABC Obligations

4.1 ABCD will use best endeavours to ensure the listings of all the Artworks are accurate at the time of initial listing on the Website and the condition of the Artworks is saleable and appropriate it its opinion.

4.2 ABCD will provide a description of each Artwork, including but not limited to the dimensions / scale, weight, the materials from which it is constructed and its history (if relevant), some images of the Artwork and some detail of the Artist or Designer which worked with Incognito.

4.3 There will be clear mention made in any cases where the Artwork may have electrical or other potentially hazardous aspects to it.

4.4 We reserve the right to remove any Artwork from the online sale, at any time for any given reason.

5.13 Title to the Goods shall only pass to the Buyer when ABCD has received cleared funds for the exact amount of the bid plus any additional charges, fees or VAT due at the date on which payment is due.

5 Inspection of Artworks

5.1 While ABCD will make reasonable efforts to ensure the safekeeping of the Artwork before sale, minor display damage or small marks should be expected. 

2.2 ABCD shall not be liable for any loss of, or damage to, the Artworks whilst on display, being installed, being recovered from primary display, being shown at Auction or public events .