Terms of Use

Our Terms of Use (“Terms” for short) and other documents we mention below are legally binding agreements between you and us. The Terms apply to your use of our website, including any subpages and subdomains of the website.

Our Terms are the rules that govern browsing, bidding, buying, and selling on or through Art Again. All users of our website need to accept and are bound by our Terms. We also give extra guidance in our About page. If there’s any discrepancy between what’s said in the Terms and the About page, the Terms prevail.

We've written our Terms in plain language so they're easy to understand. But if there are any words or phrases you need more clarity on, you can find definitions in our Glossary. 

Our Terms have been prepared in accordance with Singapore law. Any legal terms and concepts used in these Terms will be interpreted according to Singapore law.

By using our online marketplace, you are obliged to comply with all applicable national, and international laws and binding regulations regarding purchasing, offering for sale, and selling art.

Overview

Art Again is an online marketplace and a community platform.

We connect buyers and sellers of pre-owned art through a variety of selling methods. We are a facilitator, not a seller. We do not own anything listed or sold on our online marketplace. All information pertaining to the artworks are provided by the sellers, or publicly available on the internet.

Aside from the online marketplace, we also host events and write about art, among other things. Our services may change from time to time.

Summary: We are an online marketplace and a community platform. We don’t sell artworks ourselves and we’re not part of the sale between buyers and sellers. We host art-related events and write about art.

Article 1

Services and fees

We run an online marketplace that provides different services to buyers and sellers. We receive a commission for every artwork sale. By using our marketplace, you agree to us providing services to both buyers and sellers. 

2.1 Artwork onboarding services - Every seller on our marketplace undergoes an onboarding process. All artworks submitted by sellers to be listed on our marketplace will be reviewed by us. If, at our sole discretion, we approve of listing the artwork on our marketplace, the seller will undergo an onboarding process: a member from our team will meet with the seller, photograph their artwork, and collate documents and information provided by the seller. Following the onboarding process, an onboarding form will be provided to the seller. The seller must complete the form and verify its contents, whether by way of written acknowledgment or signature. Sellers are solely responsible for the accuracy of the contents in the onboarding forms.

Once the seller completes the onboarding process and verifies the onboarding form, we will list the artwork on our marketplace on the seller’s behalf. 

The seller represents and warrants that all information communicated to us and documents provided to us for the purposes of onboarding onto our marketplace are accurate, complete and authentic, and that the seller is legally authorised to provide such information and documents to us.

By onboarding with us, you acknowledge and agree to our use of any images and information for the purposes of marketing, including but not limited to digital and print materials, social media platforms, and other promotional channels. All images and related materials captured by Art Again during onboarding are the exclusive intellectual property of Art Again. Any use, reproduction, or distribution without prior written consent is strictly prohibited. Additionally, sellers agree to maintain confidentiality regarding any proprietary information exchanged during the onboarding process.

We may charge a nominal fee for onboarding your artworks. This depends on a number of factors, including the amount artworks you wish to sell and the location of the artworks.

2.2 Marketplace services - We provide a number of services to our users, so buyers can find the artwork they’re looking for and sellers can offer their artworks to an international audience of potential buyers. Our services also help ensure a seamless sale process.

2.3 Third Party Service Providers - To enhance your experience on our online marketplace, we may use or recommend Third Party Service Providers, such as payment or shipping providers. Your use of their products, services, applications, or websites may be subject to their terms and conditions and other policies.

2.4 Sellers pay a seller fee - The fee for sellers is 15% of the purchase price. This excludes GST (if applicable). We deduct this fee from the payment sellers receive after the sale.

2.5 Concierge services - We may offer additional services also known as Concierge Services. These can include enhanced onboarding services, shipping, handling, insurance, collection cataloguing, restoration and third-party appraisal services. We may charge you a fee in addition to the fee stipulated in Article 2.4 if you use these services. We’ll inform you before charging you.

Summary: We offer services to buyers and sellers, including reviewing artworks and providing a safe and reliable platform for our users. Throughout these services, we may capture images or related materials, which are the exclusive intellectual property of Art Again. We charge a fee for our services. In providing our services, we may use the services of third parties. 

Article 2

Personal Data and Privacy

When you visit our Website, we process your personal data. What data you share with us and how we will use it, depends on whether you are visiting our website or specifically using our marketplace, and in the latter, whether you are visiting as a buyer or a seller. We are dedicated to treating your personal data with care and respect. This data protection notice is intended to explain to you what we do with your data, and why. You can also read about the rights you have under the applicable data protection laws.

We’re dedicated to treating your personal data with care and respect, and processing it responsibly. In general, we rely on three principles when processing your data:

Transparency - We want to make sure you understand what happens with your personal data and how we process it. Should you have any questions, please don’t hesitate to contact us.

Care - You trust us to protect your personal data properly. Therefore, we are careful how we use it and with whom we share it. We constantly monitor any risk that may impact the security or integrity of our website and our internal databases and also other risks, like fraud.

Relevance - In the course of our operations, we collect and process your personal data in accordance with applicable data protection laws to help us understand how you use our website, and specifically the online marketplace, and where we can make improvements and be more relevant to you. Still, we try not to collect any more data than we need, and to delete data when it is no longer relevant to us.

Summary: We’re dedicated to treating your personal data with care and respect, and processing it responsibly. We use your data to help improve your experience, and we aim to be transparent about what data we collect and how we process it.

Please see our Data Protection & Privacy Notice here.

Article 3

Buying and selling

On our marketplace, all transactions begin with an inquiry. To inquire about an artwork, simply navigate to the bottom of the artwork page. It's important to note that making an inquiry doesn't guarantee your purchase of the artwork, and it doesn't confirm the immediate availability of the piece.

4.1 Condition of Artwork - Given that our marketplace features pre-owned artworks with diverse histories, we make every effort to document their conditions. We categorise the conditions into three groups:

  • Very Good: Artwork and frame show minimal to no signs of mould, foxing, or damage.

  • Good: Artwork and frame show slight signs of wear, such as minor mould, foxing, or damage.

  • Fair: Visible mould and foxing. Damage to artwork and frame.Artwork and frame show visible signs of wear, including noticeable mould, foxing, or damage.

We do not guarantee the condition of any artworks on our marketplace. The final assessment of the condition of an artwork is yours, as the buyer.  We strongly encourage you to conduct your own inspections and research before finalising a purchase. Subject to parties’ availability, buyers may arrange a physical viewing of the artwork with the seller, which Art Again can facilitate, at any time before making a purchase.

4.2 Authenticity of an artwork - In some cases, sellers may have documents relating to how they acquired the artwork. These may include a Certificate of Authenticity, invoices or receipts, gallery brochures, correspondence with the artist or gallery, photographs and name cards. It's important to note that we do not guarantee the authenticity of any artworks listed on our marketplace. We’re here to help suggest best practices when making your assessment about the authenticity of an artwork. 

4.3 Purchasing an artwork - To purchase an artwork, the buyer must make full payment of the purchase price to Art Again. Art Again will then remit the seller the balance after deducting the fees stipulated in Articles 2.4 and 2.5.

As the buyer, the final assessment of an artwork is your sole responsibility. It's crucial that you conduct all necessary checks of the artwork against the artwork description before making a purchase. We're here to help facilitate these checks.

4.4 Receiving your artwork - Once the buyer has made full payment, both the buyer and seller share responsibility for the physical transfer of the artwork. Art Again may be involved in facilitating the delivery or pick up of the artwork, additional costs may be incurred for this service.

4.5 Cancellation and refunds - The buyer or seller may request for a cancellation of the buyer’s purchase after they make full payment of the purchase price. All cancellation requests must be communicated between the buyer and seller, and both parties must discuss and agree upon any cancellation terms. In the event of any dispute between the buyer and seller, please refer to Article 5.

If the seller agrees to provide a full or partial refund to the buyer, the refund should be processed directly between the buyer and seller. It is important to note that Art Again will not refund the fees it receives pursuant to Articles 2.4 and 2.5.

4.6 Mode of communication - Our preferred mode of communication with users is WhatsApp or via email. Alternative communication methods are available upon request.

Summary: Utilise the 'Inquire' button at the bottom of each artwork page to purchase or find out more information about the piece. Art Again neither guarantees the accuracy of an artwork description, nor the authenticity of any artwork on the Website, the final assessment lies with the buyer. We are available to help facilitate communication between buyers and sellers. The preferred method for communicating is via WhatsApp. Both buyers and sellers may request cancellations after the buyer has made payment. In the event the seller agrees to provide a full or partial refund to the buyer, Art Again will not refund the fees it receives pursuant to Articles 2.4 and 2.5.

Article 4

Contract of Sale

In most cases, for each artwork a person buys on our marketplace, they automatically enter into a Contract of Sale with the seller. This contract applies to all purchases of artworks onboarded by Art Again, this may include any artworks not yet listed online.

The Contract of Sale applies to the relationship between buyer and seller. Art Again is not a party to the Contract of Sale.

The parties agree to be bound by the Contract of Sale.

Summary: When someone buys an artwork they automatically enter into a Contract of Sale with the seller. If you have an issue with another user, both parties will attempt to resolve it themselves in accordance with the terms of the Contract of Sale. In exceptional circumstances, we’ll use reasonable efforts to resolve the matter, and you agree that we may take measures to resolve the claim fairly.

Article 5

Avoiding and resolving problems (with us)

If you’re unhappy with our services or if you’re in violation of our Terms, we’ll try to find a solution. If we can’t find a solution, you or we may seek resolution in or out of court.

As we put in great effort to help sellers prime their artworks for the secondary market, users (buyers and sellers) are expected to deal with the artworks that we have on our marketplace through our channels only. Any transactions on our artworks found to have been made outside our marketplace may result in the suspension or removal of some or all of the seller’s artworks, and/or a temporary or permanent ban from using our platform and services.

6.1 Report disputes within 6 months - If you have any complaints about us, especially if you feel we aren’t fulfilling our obligations, let us know in writing within 6 months of the issue occurring. If you report beyond this time, we’ll qualify your dispute as lapsed and it can no longer be invoked against us.

6.2 We may offset claims - We may direct debit or offset any financial claim we have towards you with a financial claim you have towards us.

6.3 Limitation period - Any dispute against us, including but not limited to disputes for damages or relating to undue payment or the fulfilment of obligations, will lapse after a 12-month period after being reported.

This 12-month period also applies if you’ve reported a dispute and we (or a Third Party Service Provider) have asked you for more info or details, like bank account details to send you a payment. If you don’t respond within 12 months, we’ll qualify the dispute as lapsed. We’ll send you reminders to respond before the 12 months are up.

6.4 Applicable law and jurisdiction - The Terms, your use of our website, and any disputes that arise from this are exclusively governed by Singapore law. 

Any disputes between you and us following from your use of our website or these Terms must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within [45 days] thereof. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached. 

6.5 We may take protective measures - During the dispute process, we may take the protective measures explained in Article 7.
 

Summary: If you have an issue with our website or our services, we’ll do what we can to resolve it. This includes finding a solution or seeking resolution in or out of court.

Article 6

Nature of an online marketplace

Running an online marketplace means availability, security, and functionality are different from an offline marketplace. Because of this, there are some situations we can’t control or actions we need to take to keep Art Again safe and fair.

7.1 Availability - We may make changes to our online marketplace at any time. For example, to:

  • Correct any errors or omissions in any portion of our online marketplace.

  • Test new features or make changes to existing features.

  • Make any changes to the functionality or content of our online marketplace.

We may also pause or stop the operation of parts or all of our online marketplace. For example, if we need to do maintenance. We can’t guarantee that our online marketplace or any of its features will be available at any particular time or in any particular location or for a particular user. 

7.2 Functionality - We do our best to listen to your feedback and consistently improve. But we can't guarantee our online marketplace will be free from errors or that it will meet your expectations. 

7.3 Our onboarding and review - We do our best to accurately photograph and catalogue each and every artwork on our marketplace. But we can’t guarantee our online marketplace will be free from errors. The object description and/or images may not show the condition of an object clearly. Colours and shades may look different on the screen compared to how they look on physical inspection. It is your responsibility to ensure that you conduct your own inspections and research before finalising a purchase, including requesting for a physical viewing of the artwork with the seller which Art Again can facilitate at any time before making a purchase.

7.4 Independent users - Our users are independent. This means we can’t guarantee: the legality of an artwork sold on our marketplace, the truth or accuracy of a seller’s material, artwork description, or feedback; the ability of sellers to sell artworks; the ability of buyers to pay for artworks; or that a buyer or seller will actually complete a transaction or return an artwork.

7.5 Your expectations - We can’t guarantee that the results of using our online marketplace will meet your expectations. For example, we can’t guarantee that your artwork will sell or will sell for a price that meets your expectations. 

7.6 No liability - We can't be held liable for issues that are outside of our control or for actions we take to keep our marketplace safe and reliable. This includes, but is not limited to, any damages caused by:

  • Actions that go against our Terms and unlawful use of our marketplace.

  • The provision of our services and our online marketplace, including but not limited to your use of our services.

  • False or inaccurate information, not sharing any information or data we ask for.

  • Your buying or selling of artworks on our online marketplace.

  • Your sending or returning of artworks.

  • Errors in artwork descriptions.

  • Differences in how an artwork appears online, based on its description and image, compared to how it appears physically.

  • Any user material we might remove or change.

  • The condition of artworks bought on Art Again.

  • Any reasonable measures we take to resolve claims or keep our marketplace safe and fair, including any solution provided to resolve a claim (Article 5 and Article 6).

  • Errors in any of our published text. For example in our Terms and policies.

  • User material or communications that are incorrect, unlawful or infringe on the rights of third parties.

  • Your use of the services of Third Party Service Providers.

  • Unavailability, technical problems, or other issues that limit your access to our marketplace.

7.7 Limitation of liability - If despite the above we are held liable for any (wrongful) act or omission, we can only be liable for direct damages. Direct damages only includes actual (financial) loss, and reasonable costs incurred to prevent or limit damage or investigate the cause of damage. 

We can’t be held liable for indirect damages, for example through lost income, lost profits, reduced revenues, or standstill loss. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

In cases where we are liable, to the extent our liability can be limited under applicable laws, our total liability will not exceed $100 SGD. This limitation of liability also applies to our management, directors, experts, and other employees, representatives, and legal successors.

Nothing in these Terms excludes or limits our liability for fraud or wilful misconduct committed by us, for damages resulting from injury to life, body, or health, or otherwise for any liability that we cannot exclude or limit under applicable laws. 

7.8 Indemnification - If you violate these Terms, breach a contract of sale, take any improper actions during your use of our services or online marketplace, breach any laws, regulations or third-party rights, or commit a wrongful or fraudulent act, you agree, to the maximum extent permitted by applicable laws, to fully indemnify us, our management, directors, experts, other employees, representatives, legal successors, and any companies affiliated with us against claims from other users and third parties and all damages and costs we suffer or incur as a result of such act or omission from you.

7.9 Intellectual property - We own all proprietary and intellectual property rights in the website (including all information, data, text, graphics, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems. You are not granted any intellectual property rights in these other than what is provided in these Terms.

Summary: We work hard to keep Art Again secure and functioning well. But we can’t make guarantees about or be liable for the functioning and availability of our online marketplace or the behaviour of our users.

Article 7

Events

8.1 For all life drawing events, please refer to the Life Drawing Terms and Conditions.

8.2 For all events conducted by us, cancellations made by attendees less than 1 week and more than 24 hours before an event, no refunds will be issued. In the event a cancellation was made less than 1 week and more than 24 hours before an event, we may, at our sole discretion, offer the attendee a replacement slot to attend a subsequent life drawing event organised by Art Again.

For cancellations made less than 24 hours before an event, no refunds or replacements will be provided under any circumstances.

Article 8

Amending our Terms

We may amend parts or all of our Terms at any time by publishing the amended info on our website. If an amendment of the Terms significantly affects your rights or obligations, we’ll email you or bring the changes to your attention when you use our website or impacted services. 

9.1 Accepting the amended Terms - If you continue to use our website after the Terms have been amended or supplemented, you irrevocably accept the amended or supplemented Terms.

9.2 Rejecting the amended Terms - If you do not wish to accept the amended or supplemented Terms, you cannot continue using the website and we will have to delete your artwork pages on the online marketplace.

9.3 Severability - If any parts of our Terms are void for any reason, you’re still bound by the rest of the Terms. We'll aim to replace void parts of the Terms with the correct info as soon as possible. The updated parts of the Terms will have the same legal consequences as the void parts they’re replacing.

9.4 Transferring rights to a third party - We may transfer rights and obligations that follow from these Terms to third parties. By accepting these Terms, you accept such transfer of rights.


Summary: From time to time, we’ll update these Terms, policies, and guidelines. If any changes to the Terms materially affect your use of our online marketplace, we’ll let you know.

Article 9

Contact

All communication between users will be facilitated by us. Please refer to our privacy policy here for more information on how your data will be handled by us.

Contacting us

If you have questions about our website, our services, or our Terms, or if you’re experiencing technical issues, please email us at admin@artagain.co.

We try to get back to you in a timely manner and, where possible, provide you with an answer or solution.

Article 10