Teams & Conditions
This document sets out the Terms and Conditions (“Terms”) on which 3812 Gallery Limited (“3812 Gallery”, “YA! Young Art”, “Artbid”, “We”, “Us” or “Our”) provides you (“You” or “Your” With its Platform [yaartbid.com] (“Platform”).
Please read these Terms and Conditions of sales carefully before using the website. You acknowledge that by using the platform, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the platform. If you are using the platform on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these terms are enforceable as if they were written negotiated agreement signed by your employer.
These Terms may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the platform.
Important Notice:
The Platform allows you to purchase via Artbid. The Artist has consigned the Property to 3812 Gallery pursuant to a consignment agreement, whereby 3812 Gallery has been appointed by the Artist to act as its agent in arranging the sale and purchase of the Property through the Platform (“Artbid”) or otherwise.
1. OUR RIGHTS AND OBLIGATIONS
Artbid can make changes to the Platform. Artbid reserves the right to make any changes to the Platform including any functionalities and content therein or to discontinue any aspect or features of the Platform without notice.
Artbid can restrict your access to the Platform. Artbid shall be entitled at its own discretion to suspend the Platform (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Platform (wholly or partly).
Artbid’s reliance on third party providers could impact the availability of the Platform. Artbid relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Platform available to you. Whilst Artbid takes all reasonable steps available to provide you with a good level of service, you acknowledge and agree that Artbid does not warrant that the Platform shall be uninterrupted or fault-free at all times. Artbid therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Platform as a result of Artbid service providers.
Updating these Terms and how this is notified to you. Artbid may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Platform. Your continued use of the Platform (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms.
2. PAYMENT
Payment Methods and Processing: Payment for all Property must be made through the Platform’s online payment facility. We accept various forms of payment, as specified on the Platform. Your payment will be processed upon the completion of the purchase process on the Platform. You will receive a confirmation once your transaction has been successfully processed.
Currency and Exchange Rates: All transactions on the Platform are processed in United States Dollars (USD). If your credit card is denominated in a different currency, the final price charged in your currency will be calculated by your card issuer at the prevailing exchange rate. Please note that Artbid is not responsible for any variations in exchange rates or any additional fees your bank or credit card issuer may charge.
Refund Policy: We are committed to ensuring your satisfaction with any Property you purchase from us. If you wish to request a refund, please contact us at yayoungart@3812cap.com within 14 days of your purchase. Refunds will be processed in accordance with the following conditions:
- The Property must be returned in its original condition and packaging.
- The buyer is responsible for return shipping costs unless the item is being returned because it was not as described or due to damage that occurred prior to delivery.
- Refunds will be issued to the original method of payment within 30 days of receiving the returned item.
Cancellation Policy: If you need to cancel an order, please do so as soon as possible. Cancellation requests can be made by contacting us at yayoungart@3812cap.com. Please note that orders can only be cancelled before they have been shipped. If the order has already been dispatched, you may need to wait until you receive the Property to initiate a return.
Handling Fees and Additional Charges: Please be aware that certain transactions may incur additional fees, such as bank transfer fees or processing fees. These fees are determined by your bank or payment provider and are the responsibility of the buyer. Artbid will not cover these additional charges.
Taxes and Duties: The Price shall be exclusive of VAT and all other applicable sales tax, unless otherwise expressly set out in the listing. You are responsible for any applicable taxes, duties, or customs fees charged by your jurisdiction.
3. DELIVERY
Local Delivery in Hong Kong and London: In addition to the general shipping services provided, Artbid offers local delivery services exclusively within Hong Kong and/or London to certain areas, subject to the location of artwork stated. This service is designed to provide a more convenient and efficient delivery option for our clients in these regions.
General Shipping: For locations outside Hong Kong and London, Artbid does not directly ship the Property or provide any insurance in relation thereto. Instead, Artbid will, on your behalf and at your expense, procure shipping services through third-party shippers. The shipper will ship the Property as your agent to the address designated by you. Please note that Artbid shall not be liable for any damage to or loss of Property during shipping, as the responsibility for the Property remains with the third-party shipping company.
Shipping Costs: You are liable to pay all shipping costs incurred in relation to any Property purchased through the Platform. For local deliveries within Hong Kong and London, Artbid will provide you with the specific details at the time of purchase, which may vary based on the size and nature of the Property.
Responsibility and Liability: Regardless of the shipping method or location, the risk of loss or damage to the Property during transit remains with the shipping company once the Property is in their care. We recommend that you consider purchasing insurance for the Property during shipping, especially for high-value items.
4. RIGHT TO REFUSE RELEASE OF ARTWORK
If:
Artbid may refuse to release the Property to the third party shipper.
5. QUALITY OF THE ARTWORK
Artbid is not responsible for the Property. As agent for the Artist, Artbid has been granted the authority to sell the Property on the Artist’s behalf. Artbid is not liable for the quality or authenticity of any Property and Artbid does not warrant, represent or guarantee that the Property is original or is the Artist’s own creation. Purchase of the Property is at your own risk. Artbid does not transfer and are not responsible for transferring legal ownership of any Property from the Artist to a Buyer.
How to tell Artbid about a problem. If you, as a Buyer, have any questions or complaints about the Property you have purchased, please let Artbid know by contacting Artbid using the contact details in these Terms.
6. OUR AFFILIATIONS AND LINKING
Third-party links may appear on the Platform. The Platform provides links to and content from third party websites. Such third-party websites are not Artbid’s responsibility and accordingly Artbid accepts no responsibility for the availability, suitability, reliability or content of such third-party websites and does not endorse the views expressed therein.
Use of third-party websites is subject to separate terms. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on the Platform, you acknowledge and agree to abide by the terms and conditions of such third party website.
PRELIMINARY INFORMATION
Assurances 3812 Gallery require from you.
You:
correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Platform. If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, you do so at your own risk and liability.
Artbid is not responsible for any loss or damage that is not foreseeable.
Artbid has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. DISCLAIMER
All information published on the Platform is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Platform shall be at your own risk and Artbid shall not be liable whatsoever for any damages and/or loss which you may incur as a result of or in connection with your use and reliance of such information and /or User Submission.
Commentary and other materials posted on the Platform by Artbid are for information purposes only and should not be taken as advice on taking any specific course of action. Artbid therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Artbid (including through the Platform) shall remain solely with you.
8. INTELLECTUAL PROPERTY RIGHTS
Our rights to the Platform. Artbid and its licensors own all the intellectual property rights relating to the Platform. As between you and Artbid, Artbid owns and retains, solely and exclusively all right, title and interest in and to the Platform, the look and feel, design and organisation of the Platform, all content Artbid provides on or through the Platform, and the compilation of all content (including Artbid Content, Property and User Submissions) including all copyrights, moral rights, trademarks, trade secrets, patent rights, database rights and all other intellectual property rights contained therein.
You are expressly prohibited from:
Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Platform; and Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Artbid and/or its licensors, and doing anything which may be seen to take unfair advantage of Artbid’s reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Artbid.
Ownership of the Property and Artbid’s rights to it. Artbid has been exclusively consigned the Property to sell on the Artist’s behalf. Artbid does not own the Property or any intellectual property rights contained therein. All rights to the Property (including all intellectual property rights) are retained by the Artist.
10. CONFIDENTIALITY AND PRIVACY POLICY
Our use of your personal data submitted to Artbid. Artbid complies with the Personal Data (Privacy) Ordinance and all other successor legislation and regulations in the performance of its obligations under these Terms.
You shall not disclose to any person any confidential information or trade secrets relating to Artbid’s business or any transactions concluded by you through the Platform, including Artbid’s business model or system, publication of the Price of any Property or disclosing the fact that any Property remains unsold for any reason.
You shall not do anything which may damage or impair Artbid’s business or reputation or which may otherwise, in Artbid’s reasonable opinion, bring or is likely to bring Artbid’s business into disrepute.
INFORMATION ABOUT ARTBID
Who we are. The Platform is owned, managed, operated and maintained by 3812 Gallery Limited, a company registered in Hong Kong with company registration number 34282503-000-02-23-A, and having its registered address at 26/F, Wyndham Place, 44 Wyndham Street, Central, Hong Kong.
How to contact us. You can contact us by emailing us at yayoungart@3812cap.com.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during your registration as a User.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
These Conditions of Sale only apply to you as a “Buyer” who uses the Platform.
Further Inquiries. You may direct questions about the Terms and Conditions to yayoungart@3812cap.com.
Last Modified: January 17, 2024