Contract of Sale
This contract of sale by and between buyer and seller forms an integral part of the contract of sale as defined below. In this template, the buyer and seller will each be referred to as a ‘party’, or ‘parties’ when referring to both buyer and seller.
By accessing or using Art Again’s online marketplace, you agree to be bound by these terms towards, where applicable, a buyer or a seller, when concluding a contract of sale.
We've written this contract of sale in plain language so it’s easy to understand. But if there are any words or phrases you need more clarity on, you can find definitions in our glossary.
Introduction
The contract of sale consists of this template contract, the artwork description and any additional terms imposed by or under Art Again’s Terms of Use. A seller may also have their own additional terms or conditions. If these additional terms or conditions are shared with the buyer in writing, they also form part of the contract of sale. If there is any conflict between the seller’s additional terms or conditions and this contract of sale or Art Again’s Terms of Use, the terms of this contract of sale and the Terms of Use will prevail.
The contract of sale applies to the relationship between buyer and seller. Art Again is not a party to the contract of sale.
Contract of Sale
The seller is responsible and liable for the conformity, quality, safety, lawfulness, provenance and authenticity of the artwork and for the correctness, accuracy and completeness of the artwork page, including the artwork description and photographs, and any translation of the artwork, and artwork description. In the event of any inaccuracies or incorrectness, sellers are required to promptly notify Art Again. When an artwork is listed on the Art Again marketplace, the seller will be notified to review and verify the information conveyed on the artwork page.
The seller guarantees that it is not, by offering and selling the artwork, (i) violating any laws or regulations, (ii) infringing any third party rights or (iii) acting fraudulently and/or unlawfully towards the buyer or any third party.
Seller responsibilities
Upon finalising the terms of the Contract of Sale, the buyer shall pay the purchase price to the seller in accordance with the terms of the Contract of Sale. The buyer must ensure that the seller receives the full purchase price and is responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes), duties, and levies due in respect of these payments.
Buyer responsibilities
After the buyer has successfully paid the purchase price, both parties shall arrange for the pick up or delivery of the artwork in accordance with any terms agreed to by the parties in the Contract of Sale. In the event an artwork is to be delivered and there is an issue with delivery and the parties do not reach a solution, both parties are obligated to cooperate in an investigation by the delivery or shipping company.
Any additional costs relating to delivery or shipment of the artwork shall be negotiated between the parties, including payment for any addition import costs (e.g. GST, import levies). Both parties shall ensure that all rules or restrictions applicable to the import of the artwork into the buyer’s country are adhered to. Art Again may be involved in facilitating the delivery or pick up of the artwork, additional costs may be incurred for this service.
A signature of receipt and/or a tracking delivery confirmation at the delivery location, shall be deemed adequate proof that the buyer has received the artwork.
Post-payment responsibilities for buyer and seller
We work hard to make sure sales run smoothly, with both buyers and sellers satisfied. However, where a buyer or seller may have an issue with each other after a sale has been made, the parties will act in good faith to resolve the issue between themselves. Art Again may use reasonable efforts to provide a solution for the buyer and seller. If this happens, both parties will give their reasonable cooperation. If these efforts don’t lead to a satisfactory conclusion, both parties acknowledge and accept that Art Again may decide to either cancel the sale and refund the buyer or pay the seller.
In exceptional circumstances, Art Again may be asked by both parties to mediate to help resolve the issue. In such a situation, you agree that we can decide on a fair solution, including fully or partially refunding the buyer or paying the seller, if the funds are still under the control of Art Again. If you disagree with our solution, you can try to find a different solution with the other user involved. If that happens, we won’t help with the solutions you discuss together. Art Again’s decision has no effect on the validity of the Contract of Sale or the rights of the parties thereunder. The buyer and the seller remain free to invoke their rights under the Contract of Sale towards each other.
Because we are not a party to the sale, buyers and sellers should make their own due diligence checks when entering into a transaction. We are available to assist in this process as far as reasonably possible, including encouraging and facilitating conversations between buyers and sellers to ensure that parties have the information they need to proceed.
Avoiding and resolving problems (between users)
Art Again may send a notice of default or a notice of dissolution on behalf of one of the parties, to the other party. In exceptional circumstances, including but not limited to situations of (suspected) fraud or illegal activity, errors in the online marketplace or situations in which there is a risk of serious adverse consequences for Art Again or any users, Art Again has the right to dissolve a Contract of Sale, such without any (notice of) default or other condition or formality being required. The parties irrevocably agree that Art Again has this (third party) right under the Contract of Sale and that this right can be invoked against them. In addition, each of the parties hereby grants Art Again an irrevocable power of attorney to invoke this right on behalf of the relevant party.
Art Again’s rights under the Contract of Sale
The Contract of Sale is exclusively governed by Singapore law, regardless of any conflict of laws principles. However, parties acknowledge that overriding mandatory (consumer protection) laws may result in laws other than Singapore law being applicable to the Contract of Sale.
If there is conflicting information between the English version of this Standard Contract of Sale and another language versions, the English version prevails. Any (legal) terms and concepts used in Standard Contract of Sale will, however, be interpreted according to Singapore law.