Artisell’s Terms Of Use

“Artisell” means Artisell Ltd registered in England and Wales with company number 15803517.

By using the Artisell.co.uk website you are agreeing to be bound by the following terms and conditions.

Artisell may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Artisell.  Your continued use of Artisell.co.uk after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

General Terms

1. You must be 18 years of age or older or you will not be able to enter into a legally binding contract to buy or sell via Artisell.  If you are under 18 and have a company through a legally qualified guardian then it is they who must register and who will have a legally binding contract with Artisell.

1.2. If you register membership as a business [as a sole trader or partnership] on Artisell you must guarantee that you personally have the authority of the business to agree to the terms of use.   

1.3. These terms shall be governed by and interpreted in accordance with the law of England and Wales.

Behaviour

2. You must not use Artisell for any illegal or unauthorized purpose and you agree to comply with all  United Kingdom laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.
3. You must not breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
4. You must not threaten, intimidate, harass or otherwise abuse any other Artisell user.
5. You are responsible for maintaining that the content you submit is your own and is not owned by others.
6. You are solely responsible for your behaviour and conduct on Artisell.co.uk including use of all content and data including images [graphics and photos], audio and video clips, links and text [such as conversations] that you post to the Artisell.co.uk website.
7. You must not modify or adapt or ‘hack’ Artisell.co.uk or seek to create another website or communication to users that implies it is associated to Artisell.co.uk
8. You must not produce unwanted communications [spam] to other users of Artisell.
9. You are responsible for keeping your password secure.
10. You must not transmit or seek to transmit any viruses or wormsor any code that seeks to alter the behaviour of the Artisell site or that is in any way destructive.

11. No offensive language, rude words (or pictures) are tolerated on Artisell.co.uk.    Anyone who breaches this will have the content removed, be spoken to and if it occurs again barred from using Artisell.co.uk.   We reserve the right to admit or refuse content.

12. Artisell is a community website environment, if an event is found to be not reputable or illegal then we refuse the right to advertise this event.

13. Artisell cannot be held responsible for the failure of an event, the enjoyment of an event or if anything happens to individuals who attend the event.  All forces are out of our control, we are simply advertising the event and any issues need to be raised with the event organiser(s).

Fees

1. “No Artisell Commission Introductory Period” means the period starting on 4th November 2024 and ending on 31st April 2025 during which time there are no Commission Charges for the selling of goods and events for those that register with Artisell on or before midnight 3rd November 2024.   During the period 4th November 2024 to midnight 31st January 2025 only Stripe charges will apply to anything sold through Artisell.  Thereafter the 1st February 2025, Artisell commission charges will apply as well as Stripe charges.  For those who sign up to Artisell after 4th November then no Artisell commission will be charged, transaction fees still apply until 31st January 2025.  Please see the fees policy further below for more detail.  
2. Commission will be taken at time of selling an item, Stripe will handle withdrawing their commission and Artisell Commission, the remainder owed to you will be paid fortnightly to the account you have set up at time of registration.   
3. It is your duty to ensure that your account details are correct.   Neither Stripe or Artisell can be held responsible if data is inputted incorrectly that results in payment(s) to and from do not go to the intended person/company.

Liability

11. Under no circumstances will Artisell Ltd. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; © loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Artisell regardless of the form of action.

9.4 You shall indemnify and hold Artisell harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by Artisell as a result of or in connection with:

9.4.1 any alleged or actual infringement, whether or not under English law, of any third party’s intellectual property rights or other rights arising out of the Content; or

9.4.2 any use or misuse of the Artisell trademarks or logo; and

9.4.3 any breach by You of the Contract or any negligent act or omission committed by You.

9.5 You agree that this clause is fair and reasonable.

9.6 This clause 9 shall survive termination of the Contract.

Events Liability 

These terms and conditions (the “Terms”) apply to all services provided by [Artisell Ltd] in relation to any events organized or managed by the Company.

1.2. By engaging the Company’s services, the Client agrees to be bound by these Terms.

of Services

2.1. The Company provides advertising services which may include, but are not limited to, event promotion, marketing materials, and media placement.

2.2. The Company does not organize, manage, or control any aspect of the physical event itself.

Limitation of Liability

3.1. The Company is not responsible for the planning, safety, security, or execution of the event. The responsibility for the event lies solely with the event organizer (“Organizer”).

3.2. The Company does not assume any duty of care towards the participants, attendees, or any third parties in connection with the event.

Responsibility and Indemnity

4.1. The Organizer is responsible for ensuring the safety and well-being of all participants and attendees at the event.

4.2. The Organizer agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with the event.

Disclaimer of Warranties

5.1. The Company makes no representations or warranties of any kind, express or implied, regarding the safety, success, or outcome of the event.

5.2. All advertising services are provided “as is” and “as available” without any warranty of any kind.

Limitation of Damages

6.1. To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

1. The Organizer’s use of the Company’s services;
2. Any unauthorized access to or use of the Company’s servers and/or any personal information stored therein;
3. Any interruption or cessation of transmission to or from the Company’s services.

Termination

7.1. The Company reserves the right to terminate or suspend its services at any time, without notice, for any reason.

7.2. The Organizer may terminate the engagement with the Company by providing written notice. The Organizer remains liable for any fees or costs incurred up to the date of termination.

Governing Law

8.1. These Terms shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of law principles.

8.2. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts of the United Kingdom.

Severability

9.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Entire Agreement

10.1. These Terms constitute the entire agreement between the Organizer and the Company and supersede any prior agreements, understandings, or representations concerning the subject matter.

Goods for Sale – Handmade

All goods to be sold on Artisell.co.uk must be handmade, that is they cannot be produced using mass production methods and the seller must be based within the United Kingdom.   The products on display in your shop must be made through a craft practice, or be an original artwork or design.

Your work or design must not infringe someone else’s copyright or trademark, it is your responsibility and not Artisell Ltd’s.  All and any liability rests with you should the copyright/trademark owner pursue a legal case against you.

Artisell have the right to withdraw any event or good that we feel contravenes our terms.

You must not list prohibited items. 

Content and Copyright

15. You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).
16. You must not copy, modify, or distribute Artisell’s copyrighted works or trade marks, or other content from the Site, without our express consent, see using the Artisell logoin our FAQ.
17. Artisell may change or remove content (“content” includes, for example, items, item descriptions, and other information on the site) and accounts containing content that Artisell determines to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms of Use, the Privacy Policy or other policy documents and community guidelines as posted on Artisell.
18. By submitting your content you grant Artisell a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Artisell Privacy Policy. This will enable us to reproduce your work for the purposes of marketing the service and your work [for example: ‘adverts’; blog posts; printed and web related marketing material; books etc.]. 
19. Your content must be your own original work which you have the right to make available and is not defamatory, does not infringe any law and indemnify Artisell against all legal fees, damages and other expenses that may be incurred by Artisell as a result of your breach of the above warranty.

20. Artisell is the exclusive owner of and controls all rights in the Website. All intellectual property rights in or arising out of or in connection with the Website and the Services are owned by Artisell and nothing in this Contract shall grant to You any right, title or interest in the same.

Sales and Returns

20. You must pay for items purchased by you, unless the seller has made a clear and obvious error.  For goods that are personalised Artisell will be the mediator and original proof of submission and photograph is required to prove the mistake, if there is a mistake then all costs will be refunded by the seller, the seller must abide by this decision.   You and you alone are liable for paying the seller if you commit to buy an item. 

As goods on Artisell are ‘handmade’ then unless there is an obvious mistake or the item is damaged there cannot be a refund issued as the good is technically personalised.   However, if there is a need for a return then unless the seller has specifically stated otherwise, the buyer is responsible for paying the cost of return postage.   Proof of postage is always recommended.   Artisell cannot be held responsible if any goods get lost in the postal system or damaged in transit.

21. You must post items purchased from you after receipt of payment in the time frame specified in the listing unless you cannot authenticate the buyer’s identity in which case you must notify Artisell staff by emailing admin@darkgreen-manatee-865450.hostingersite.com
22. You must be able to form a legally binding contract of sale to be a member of Artisell. This restricts membership to those of 18 years of age or over unless you have the explicit permission of your parent or guardian who must supervise [and be ultimately responsible for] the account.

Data and Privacy

Artisell is registered as a data controller with the Information Commissioners Office. We aim to follow and encourage best practice with use of personal data. Registered number: *******

23. You must not collect information about users, including email addresses, without their express consent.
24. You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the Artisell service.
25. You must not solicit for new business on Artisell or use Artisell.co.uk to send unsolicited communications except to ask or inform others about Artisell business (items, postage etc.). Any such action will result in your account being deleted and possible action taken with your company or ISP (internet service provider).
26. You must agree to the terms of the Privacy Policy.

Changes to the Service

27. Artisell retains the right to terminate or change the service for any reason at any time without notice.
28. Artisell retains the right to modify the Terms of Use at any time. Artisell will inform registered users by email and through the site blog of any changes to the Terms of Use.
29. Artisell retains the right to refuse service to anyone at any time and to terminate accounts if in breach of the Terms of Use.

Marketing and Linking

30. You shall not link out from Artisell to your own shop or other selling platform. Artisell is to be primarily used as a platform for selling and not as a lead generator / marketing platform for your own site or other services and platforms.

Fees

31. You agree to pay the fees set out in our Fees Policy. 

If you break the above terms then your account will be suspended and possibly terminated. Artisell seeks to promote legal activity and well behaved conduct on its site however, you understand and agree in using the site that Artisell is a ‘place’ and is not responsible for the content posted on the site and that you may be exposed to content and behaviour that contravenes the above Terms and as such you use the Artisell service at your own risk.