top of page


General Conditions of Use​

 

These terms and conditions (hereinafter GCU)  govern your use of this website. Please read them carefully as they affect your rights and liabilities under the law.

 

PURPOSE OF THE GCU

The GCU is intended to define the rules of use of the Site by the User, as well as the obligations of The ArDe Tree Ltd. The User agrees each time they visit the Site, to respect the present GCU applicable to all services and the contents available on the Site. As a result, the User accepts, without any reservation, these GCU in their entirety before any use of this Site and its services. The simple use of the Site automatically entails the Seller’s acceptance of the GCU.

AMENDMENTS

The ArDe Creatree reserves the right to modify, at any time, the GCU in order to factor in any legal, jurisprudential, editorial, functional and/or technical evolution required. The version of the GCU that shall prevail is the one that is accessible and downloadable online via the Site on the day the Site is being used by the User and available at the address www.theardec.co.uk. Any use of the Site by the User after posting the modified GCU constitutes acceptance of the said GCU by the latter.

 

DESCRIPTION OF SERVICES

The Site offers Users a service allowing them to consult the catalogue of the various goods offered for sale by the artists registered through the Site, as well as make offers to purchase artworks that are for sale. The sales are made in the application of the General Conditions of Sale available at the following address www.thearde.co.uk the User must refer to before any purchase.

 

ACCESS TO SERVICES

The use of the Site and its services implies acceptance of these GCU, without however having to create a User account. The Site allows the User free access to the services. The Site is accessible free of charge by any User with an Internet connection. We will make all reasonable efforts to provide you with access to the website 24 hours per day without any interruptions. However, from time to time you may experience disruptions due, for example, to essential maintenance or problems beyond our control involving suppliers, communications, the internet, your own computer or software failures. Accordingly, we do not warrant that the website will be available continuously and is not liable for any downtime or disruption in website availability.

 

INTELLECTUAL PROPERTY

The ArDe Tree Ltd. is the exclusive owner of all intellectual property rights on both the development of the Site and its content unless expressly mentioned otherwise. The Site, brands, drawings and models, images, texts, photos, logos, graphic charters, software and programmes, search engines, databases, sounds, videos, domain names, design and any other content available on the Site, although this list is not exhaustive, are the exclusive property of The ArDe Tree Ltd. and are protected by the provisions of the copyright law, trademark laws, patent law and any other right of intellectual or industrial property in force. The User must seek the prior approval of The ArDe Tree Ltd. for any reproduction, publication, or copy of the various contents from the Site. Any full or partial reproduction, by any process whatsoever, of the content of the Site without prior authorisation from The ArDe Tree Ltd., would constitute an infringement under the law.

PROPERTY DETAILS

We reserve the right to change the details of any part of our menu, details or service at any time without notice.

 

PERSONAL DATA

The personal data of the User are collected and kept by The ArDe Tree Ltd. to allow the implementation of these provisions. Pursuant to the law the User has a right to access, modifier, correct and delete their personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address; theardeoffice@gmail.com. The ArDe Creatree reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. The ArDe Creatree is committed to taking all necessary measures to best protect the confidentiality of the information provided by the User.

 

COOKIES

By accepting these GCU, the User acknowledges that, when navigating the Site, a Cookie may be installed automatically on its browser. The User accepts the use of Cookies when navigating the Site, failing which some features of the site may be denied to him. These Cookies are designed to allow faster and more effective user navigation for the User during their various connections on the Site. The User may, if they so wish, disable Cookies through the settings of the browser used to be able to access the Site.

 

DURATION

These GCU enter into force from the time the User accesses the Site and without the need for the user to create a user account or to log into the site. They apply as long as the User utilises the services of The ArDe Creatree.

 

THE ARDE CREATREE LIABILITY

In its relationship with the User, The ArDe Creatree shall not be held responsible for: the interruption of operation of the site or inability to access it, or adverse conditions of usage of the Site; any loss of data, time, opportunity and/or any other indirect damage related to the use of the Site.

This website is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the internet. 

We have made all reasonable efforts to ensure that all information provided on the website by ourselves and third parties is accurate at the time of inclusion, complete and up-to-date.

However, there may be inadvertent errors on the website for which we take no responsibility. We reserve the right to make changes and/or corrections to the website at our own discretion.

In particular, we disclaim all liabilities in connection with the following:

- incompatibility of this website with any of your equipment, software or telecommunications links.

- technical problems including errors or interruptions of this website

- unsuitability of this website to meet your requirements

By accessing this website you agree that we shall not be liable to any person for any special, incidental, direct or indirect consequential loss or damage including, without limitation, loss of profits or revenues, cost of replacement goods, loss or damage to data arising out of the use of, or inability to use, this site which may arise from the use of this site or use or reliance on any of the information contained in any of the materials on this website or from access to other material on the internet via hyperlinks from this site.

Nothing in this paragraph applies to our liability in respect of products sold through The ArDe Tree Ltd.

 

ENTIRE CONTRACT

These GCU constitute the entire terms and conditions agreed between The ArDe Tree Ltd. and the User and replace any earlier agreement, written or oral, relating to the purpose of the GCU. All additional terms and conditions or disputes pertaining to the purpose of the GCU and contained in any written or oral communication addressed to The ArDe Tree Ltd. will be void and unenforceable.

 

DIVISIBILITY

If for any reason and to any extent whatsoever a provision of these terms should be deemed as void or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the other provisions of these GCU and the relevant stipulation shall be applied to the extent permitted by law.

General Terms and Conditions of Sale

 

  1. PURPOSE AND ENFORCEABILITY OF THE T&Cs 

  2. ACCEPTANCE 

  3. ORDER

  4. SALE PRICE AND TERMS OF PAYMENT

  5. RISK AND TITLE

  6. WARRANTIES AND LIABILITY

  7. DELIVERY OF GOODS 

  8. RIGHT OF WITHDRAWAL

  9. STATUTORY GUARANTEES

  10. FORCE MAJEURE

  11. INTELLECTUAL PROPERTY

  12. SERVICES

  13. GENERAL

  14. ANTI MONEY LAUNDERING

 

 

1.  PURPOSE AND ENFORCEABILITY OF THE T&Cs

The purpose of The ArDe Creatree (hereinafter the “The ArDe”) website is to present Goods (Goods mean painting, picture or print or any other artisan product) from artists (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site and to define each party’s rights and obligations in such a relationship. The sales made through the Site are contracted directly between the Buyer and the Seller. The ArDe is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site. The ArDe acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect. As a result, The ArDe is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the goods and therefore the only one bound to obligations arising therefrom.

2. ACCEPTANCE

The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked on the goods order form.

3. ORDER

The Goods are offered for sale on The ArDe website, subject to their availability. Each of the goods offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. To order, the Buyer must select the goods of their choice, place them in their basket and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and they can correct any potential mistakes in the items inserted, as well as read about the delivery costs. The Buyer will not be charged for the payment before their purchase offer has been validated, which is done within 48 hours by The ArDe, in order to ensure the availability of the goods from the Seller. If the goods are no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order.  If any payment has been taken from the customer’s account it will be refunded if the order can’t be completed because of any reason.

4. SALES PRICES AND TERMS OF PAYMENT

The goods sale price is listed on the Site in the currency set by the Buyer and includes all taxes, accepting delivery and packaging fees if applicable. The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of goods, their dimensions, their weight, as well as the place of delivery. The payment of the goods price by the Buyer to the Seller is made via the payment services available from The ArDe. Transfer of ownership happens as soon as the full price has been paid by the Buyer and the purchase has been confirmed. If the price has been refunded, the ownership of the item falls back to the Seller. Failure to pay the full price automatically cancels the sale, and the goods are put back for sale on The ArDe's website.

5. RISK AND TITLE

Risk of damage to or loss of the Goods shall pass to the Buyer: at the time when the Goods are collected by or on behalf of the Buyer; or in the case of the Goods being delivered to the Buyer’s address at the time of delivery or if the Buyer wrongly fails to take delivery of the Goods then at the time when the Company has tendered delivery of the Goods.

 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Company has received payment in full of the price of the Goods in cash or cleared funds.

 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from any other artwork or items of a similar nature of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property.

Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company or (at the Company’s option) the Company shall be entitled (and the Buyer hereby irrevocably authorises the Company) to enter upon any address or premises of the Buyer where the Goods are located and repossess the Goods.

Where goods are stored on Company Premises after title has passed to the Buyer as the result of a sale or where Goods are on the Company’s or its agent’s premises for the purpose of repair, valuation, framing, storage or any other service provided by the Company, the Company’s liability shall, in any event, be limited to the original purchase price paid for the Goods by the Buyer, whether to the Company or a third party.

6. WARRANTIES AND LIABILITY

Any claim by the Buyer which is based on any defect in the quality or condition of the Goods must be notified to the Company in writing within seven days from the date of purchase. If the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no further liability of any nature whatsoever for such defect.

Wherever any valid claim in respect of any of the Goods which is based on any defect in their quality or condition is notified to the Company in accordance with these Conditions the Company shall against the return of the Goods in their original condition refund to the Buyer the price of the Goods but the Company shall have no further liability of any nature whatsoever to the Buyer.

The sale of Goods does not include the copyright or other intellectual property right in the Goods and the Buyer acknowledges the moral rights of the artist. The Buyer shall not reproduce or permit reproduction of the Goods.

The Company shall not be liable to the Buyer by reason of any representation (whether given orally or in writing) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract or in any manner whatsoever for any consequential loss or damage (and in particular but without prejudice to the generality of the foregoing) the Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission including negligence or any breach of contract or statutory duty which may arise out of or in connection with the purchase of the Goods by the Buyer (and whether caused by the negligence of the Company or its employees or agents or otherwise) save as may be expressly provided in these Conditions.

Any refund of any monies by the Company to the Buyer shall not under any circumstances be deemed to be an admission of any liability on the part of the Company to the Buyer (or to any third party) and shall be without prejudice to the rights of the Company which the Company hereby reserves in full.

All liabilities of the Company to the Buyer determined by a court of law as not having been excluded hereunder shall be limited in total to the total price of the Goods as shown on the Company’s invoice.

7. DELIVERY OF GOODS

The delivery of the goods is made at the address provided on the order summary form, during business hours and according to the procedures laid down by the carrier chosen upon ordering. The Buyer must inform about the procedures and delivery schedules implemented by the various delivery service providers. Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the artwork, as well as the conformity of the latter are the sole responsibility of the Buyer. The Company shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complaint against the delivery service provider. The Buyer must, as soon as they receive the order, check the condition of the goods, and mention any reservation immediately and in writing to theardeoffice@gmail.com, at the latest within 48 hours, to The Company, who will transfer to the Seller.

8. RIGHT OF WITHDRAWAL

The Buyer has a period of 14 days from the delivery of the goods to use their right of withdrawal with the Seller, without any costs or reason. The Buyer may use their right of withdrawal with The Company by sending an email to the following address theardeoffice@gmail.com. The Company will then be responsible for handling the cancellation from the Buyer and shall process the refund within 14 days following the date on which The Company was informed about the Buyer exercising their right of withdrawal. The refund applies to the price of the goods paid by the Buyer, as well as the return shipping costs. The returned goods that are damaged or dirtied by the Buyer shall not be accepted, nor refunded; The Company reserves the right to decide at its sole discretion.

9. STATUTORY GUARANTEES

The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e.: the guarantee of non-compliance and the guarantee of hidden defects.

10. FORCE MAJEURE

In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, are considered cases of force majeure or fortuitous events, i.e; an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures. The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.

11. INTELLECTUAL PROPERTY

The Seller guarantees that they are the author of the ceded Artwork and that the latter does not violate any laws, regulations and standards in force, or affect the rights of third parties. The Seller commits to protect The Company and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. The Seller however retains their moral right to the artwork as well as the rights regarding its reproduction.

12. SERVICES

If the Company agrees to carry out Services then the provisions of these Conditions shall apply to such Services with the necessary changes save to the extent that this condition conflicts with such Conditions in which case the provisions of this condition shall prevail. Conditions 6 shall apply in relation to the Company’s liability to the Buyer for carrying out the Services save that Condition 6 shall not operate to exclude liability for damage to the Buyer’s property whilst in the possession of the Company for the purpose of Services due to the negligence of the Company. To the extent that any liability of the Company to the Buyer for any loss of the Buyer arising in connection with the Services is not effectively excluded then such liability shall be limited in total to five times the price payable by the Buyer for the Services.

The Company may sub-contract the Services in whole or in part and in doing so shall be deemed to act as the agent of the Buyer.

13. GENERAL

If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.

The waiver or forbearance or failure of the Company in insisting in any one or more instances upon the performance of any provisions of these Conditions shall not be construed as a waiver or relinquishment of the Company’s rights to the future performance of such provisions and the Buyer’s obligations in respect of future performance shall continue in full force and effect.

Unless the context otherwise requires word importing the singular number shall include the plural and vice versa and words importing any particular gender shall include all other genders.

If the Goods are purchased for export from the United Kingdom the Company shall be entitled to impose such other terms and conditions as it shall require.

The Contracts shall be governed by the laws of England and the Company and Buyer hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

14. ANTI MONEY LAUNDERING

In accordance with Government regulations under the Money Laundering and Terrorist Financing Regulations (2019), we are required, in certain circumstances, to carry out administrative checks before completing a sale transaction. Consequently, we may require copies of suitable identification documents from you and, in some cases, additional information to allow us to comply with the regulations. You will be advised when such information and documents are required. Any such information will be held by us in the strictest confidence and in accordance with Data Protection regulations.

If you are unable to provide the documents or information that we request, we may not be able to complete your transaction. For online transactions where payment has already been made, if you are unable to provide the necessary information within the requested timeframe, we may have to cancel the transaction and provide a refund of the monies already paid.

 

Contact Address

The ArDe Tree Limited

23a New Road

Chippenham

Wiltshire

SN15 1HS

 

theardecreatree@gmail.com

bottom of page