Terms & Conditions

Conditions of sale

The following Conditions of Sale (“Agreement”) define the relationship between BINNED ART (“BINNED ART” or “we” or “us”) and the buyer (“you” or the “buyer”) of the artwork (“Work”) sold in connection with the website at www.binnedart.com (the “Site”). We may modify these Conditions of Sale as well as any other terms, conditions or information on the Site by posting such changes on the Site. By making an offer to purchase any Work or participating in any sale, you accept and agree to be bound by these Conditions of Sale and any other policies, guidelines, FAQs and requirements that we post elsewhere on BINNED ART from time to time, including BINNED ART’s Terms of Use.


The site

The Site is a platform for the exhibition and sale of artwork and other property. All buyers on the Site must be at least 18 years old and able to form binding contracts under applicable law. You are responsible for all charges incurred under your account. In order to make a purchase, BINNED ART may use the services of third parties. We reserve the right to withdraw the Work from the Site at any time without any liability whatsoever for the withdrawal. Unless agreed otherwise in writing between you and us, we are not responsible to the buyer in any way with respect to the exhibition or sale of any Work on the Site.


Buyer's responsibility

Subject to fulfillment of all applicable terms and conditions of this Agreement, when the buyer makes a purchase on the Site the buyer shall immediately pay the total amount due, comprised of the total purchase price of the Work and all applicable taxes and service fees. The buyer may pay by credit card, Apple Pay, or Bitcoin. By making a credit card purchase, the buyer irrevocably waives any charge-back rights the buyer may otherwise have under the buyer’s cardholder agreement or otherwise. If a credit card is not approved, the buyer will remain personally liable for the total amount otherwise due. In all cases, payment will not be deemed made until we collect the total amount due in good cleared funds. Title to the Work will pass to the buyer when physical possession of the Work is transferred to the buyer or the buyer’s agent or common carrier. Any claims regarding purchases must be made directly to BINNED ART. The buyer agrees that we may pay commissions to third parties who introduce us to clients or otherwise provide services in connection with the sale.

If the buyer fails to comply with any applicable term or condition of this Agreement, the buyer will be in default, and we will be entitled in our absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to us at law): (i) to hold the buyer liable for the total amount due, and for interest, commissions on the sale at our regular rates, and any and all legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer, retaining as liquidated damages any amounts already paid by the buyer; and/or (iii) to resell the Work publicly or privately as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages and legal fees associated with both sales. By failing to make any payment, the buyer will be deemed to have granted and assigned to us a continuing first priority security interest in any money or other property of or owing to the buyer in our possession, and we shall be entitled to retain and apply such money or other property as collateral security for the buyer’s obligations to us.


Artists submission terms

By submitting any work of art (“Your Work”) to the Site for consideration you accept these Artist Submission Terms. If you do not agree with these artist submission terms then you must not submit Your Work to the Site.

By submitting Your Work, you hereby warrant, covenant and represent to us as set out below:

• Your Work is your original artistic work, it has not been copied from any other work and does not contain any copies, reproductions, adaptations or versions of a third party’s work and it does not otherwise infringe or violate any persons copyright, design right, trade mark or confidential information.

• You are the sole owner of all rights, title and interest in the copyright in Your Work. You have not granted any licenses to third parties to exploit Your Work (except rights which have now lapsed).

• Your Work (including the original version and any reproductions) is not and has not been reproduced, promoted or sold for any commercial purposes and you are the sole owner and are in possession and control of the original version of Your Work.

• Your Work does not contain anything which is or would be (if Your Work is published) in breach of applicable laws or infringes any third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or menacing).

You agree and accept that BINNED ART reserves full right, at its sole discretion, to not publish, sell or promote Your Work. BINNED ART reserves full right, at its sole discretion and at any time, to remove any of Your Work previously published, listed or promoted on the Site.

You agree to indemnify BINNED ART and keep it indemnified on demand against any loss or liability arising to BINNED ART or any of its directors, officers, employees out of the breach of any of the warranties above and against any breach of your obligations under these Artist Submission Terms.

You agree to notify us at [email protected] if any of the representations above is incorrect or misleading in any way. Your warranties under this section will be qualified in respect of any such notification that you give us providing it is fair and complete.


Packing and shipping

We are not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the Work.


Disclaimer of warranties

Neither BINNED ART nor any of our past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns make any representation of warranty or assume any liability whatsoever with respect to the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance of the Work, and no information regarding the Work provided on the Site, in a bill of sale or elsewhere will constitute any such warranty of assumption of liability. We are not responsible for any errors or omissions in any information on the Site or elsewhere regarding the Work. The Work is sold “AS IS.” We do not warrant that the buyer will acquire any copyright or other reproduction right to the Work.


Limitation of liability

BINNED ART shall not be liable for any damages, in particular BINNED ART shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any dispute regarding any Work offered and/or sold on the Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BINNED ART has been advised of the possibility of such damages.


Indemnification

Buyer agrees to indemnify and hold BINNED ART and each and all of our past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns, harmless from any claims, damages, demands or liabilities including attorneys’ fees and costs, arising in any way from your purchase of the Work asserted by any third party, including but not limited your breach of this Agreement, or your violation of any third party right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive this Agreement.


Other terms

No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement. This Agreement, in addition to other written agreements you may enter into with BINNED ART, is the entire agreement and understanding between you and us regarding the purchase of any Work from the Site and supersedes all prior or contemporary communications whether digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to enforce or exercise any rights established by this Agreement will not constitute a waiver of any such rights or any other rights under this Agreement. Section headings in this Agreement are included for convenience of reference only and will not limit the scope or effect of any Section.
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