Terms and Conditions
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 unauthorised 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 worms or 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
1.1“No Artisell Commission Introductory Period” means the period from
Artisell’s launch date until midnight on 31st January 2025, unless otherwise stated, during which
time there are no Commission charges for the selling of goods and events
within that period. During the period 4th November to midnight 31st
January 2025 only Stripe charges will apply to anything sold through
Artisell. Thereafter from 1st February2025, Artisell commission charges will
apply as well as Stripe charges. Please see the fees policy further below for
more detail.
1.2Commission 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.
1.3It 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:
a. The Organizer’s use of the Company’s services;
b. Any unauthorised access to or use of the Company’s servers and/or any
personal information stored therein;
c. 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 logo in 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, libellous, 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 licence 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.
32. Stripe fees are correct as of the date of publishing these terms and fees
policy. If Stripe themselves change their fees then we will follow suit and
inform members of Artisell and any increase or decrease will immediately be
passed onto members. Stripe’s current policies on fees charged are to be
found here – https://docs.stripe.com/payments/paypal?locale=en-GB