Terms and conditions of use

1. Introduction

1.1 Juxsee is an online marketplace allowing artists to set up stores via subscription, sell their artworks and make connections with buyers and other artists. It enables art lovers to discover and buy work from artists in their local community or further afield. Finally, it provides a platform for artist communities to come together, grow and thrive. This is all made available through our website, juxsee.com

1.2 The Service is operated by JUXSEE LTD, incorporated and registered in England and Wales under company number 15543909 and with registered office is at 20 Wenlock Road, London, England, N1 7GU (“we”, "our, or “us”).

1.3 These terms and conditions shall govern your use of our website.

1.4 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.5 If you register with our website via subscription, submit any material for sale or purchase anything from sellers, we will ask you to expressly agree to these terms and conditions.

1.6 You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may use our website services by means of a web browser

3.2 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(m) do anything that interferes with the normal use of our website.

(n) create an account or username that is offensive, vulgar, infringes someone’s intellectual property or contravenes these terms and conditions

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6. Buyer registration and accounts

6.1 This Section 6 applies to buyers and prospective buyers.

6.2 You don’t need to register an account to buy from sellers on Juxsee, however if you do, you must be at least 16 years of age and resident in the United Kingdom.

6.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

7. Seller registration and accounts

7.1 This Section 7 applies to sellers and prospective sellers.

7.2 To be eligible for an account on our website under this Section 7, you must be at least 16 years of age.

7.3 You may subscribe by completing and submitting the registration form on our website, and clicking on the verification link in the email that the website will send to you.

7.4 You must keep your seller account information up to date.

8. User login details

8.1 If you register an account with our website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

10. Seller stores

10.1 If you register with our website as a seller, you will be able to create your own store on the website. Ensure that the store name you choose is yours, does not infringe on someone else’s intellectual property or is offensive or vulgar in nature

10.2 Seller stores that are submitted will be individually reviewed following submission.

10.3 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.

11. Seller listings

11.1 If you register with our website as a seller and create a store on the website, you will be able to submit artwork listings to the website.

11.2 Artwork listings that are submitted will be automatically processed following submission.

11.3 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any artwork listings that breach these terms and conditions or that do not meet any additional guidelines for artwork listings published on our website.

11.4 Artwork listings submitted to our website must be true, fair, complete and accurate in all respects.

11.6 Artwork listings submitted to our website must reflect bona fide artworks.

11.7 Artwork listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.

11.8 You must keep your artwork listings up to date using our website interface; in particular, you must remove any artwork listings in respect of artworks that have ceased to be available.

12. Artwork rules

12.2 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.

12.3 You must not advertise, buy, sell or supply through our website any artwork that:

(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 20.

13. The buying and selling process

13.1 You agree that a contract for the sale and purchase of an artwork or artworks will come into force between the seller and buyer, and accordingly that you commit to buying or selling the relevant artwork or artworks, in the following circumstances:

(a) if the buyer is a new user, he or she can either create a buyer account with the website and log in; enter existing login details or check out as a guest;

(b) once the buyer is logged in, he or she must select the preferred method of delivery and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale];

(d) once the seller has checked whether it is able to meet the buyer's order, the seller will send to the buyer [an order confirmation] (at which point the order will become a binding contract between the seller and the buyer) or the seller will [confirm by email that it is unable to meet the buyer's order].]

13.2 Sale Transactions may only take place via either of juxsee.com’s third party payment providers –- PayPal or Braintree Payments.

13.3 Where you use PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Service. If you are under 18 and do not have your own PayPal account, and plan to use a parent’s or third party’s PayPal account, you undertake that you have express permission to use such parent’s or third party’s PayPal account in relation to each and every transaction undertaken on our Service.

13.4 juxsee.com may offer you the option to use Braintree Payments as a third-party service provider for payment services. Your use of Braintree Payments through our Service is subject to the and you agree to be bound by the Braintree Payments Legal Agreement, as the same may be modified by Braintree Payments from time to time. As a condition of Juxsee enabling payment processing services through Braintree Payments, you agree to provide us with accurate and complete information about you and your Juxsee account. By using Braintree Payments, you hereby consent and authorize Juxsee and Braintree Payments to share any information and payment instructions you provide to the extent required to complete payments via the Service. Where you use Braintree Payments and have given us and Braintree Payments permission to do so, you may authorise and request Braintree Payments to debit your bank account by using the Bankers’ Automated Clearing Services (BACS) if, for example, the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Braintree Payments legal agreement.

13.6 Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.

14. Terms and conditions of sale

14.1 Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

(a) the price for an artwork will be as stated in the artwork listing;

(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the artwork listing;

(d) appropriate means of delivery of artworks must be used by the seller.

14.2 Upon payment of an artwork, monies paid will be held in escrow for a 14-day period, providing sufficient time for sellers to arrange shipping and as a method of protection for buyers. At the conclusion of the 14-day period, funds will be released to the seller.

15. Marketplace subscriptions and charges

15.1 Marketplace sellers must pay to us the subscription charge as outlined on the website, selecting either a monthly or annual frequency of payment.

15.2 By subscribing to our monthly subscription service you agree to allow us to take recurring monthly payments from your credit/debit card.

15.3 Should you wish to cancel, you must provide us with at least one week’s notice before your next payment is taken (subscription charges are taken on the last day of the month). Cancellation can be made by emailing info@ juxsee.com or sending a letter to: Juxsee, Suite 12, Century House, 100 Menzies Rd, St Leonards-on-Sea TN38 9BB with a clear statement of intent and including all relevant information in order for us to identify you and your account. We will communicate to you an acknowledgement of receipt of such a cancellation via email without delay.

15.4 You have the right to cancel your Subscription (when you initially sign up to it) within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you enter into the Subscription with us. If you cancel your subscription within the 14-day window, we will reimburse any relevant payments received from you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

15.5 If you have already been billed for the current month (subscription charges are taken on the last day of the month) your cancellation will go into effect the following month and you will still receive the current month’s subscription which has already been paid for.

15.6 You are entitled to cancel a payment for subscriptions where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.

15.7 We may vary subscription charges from time to time by posting new charges on our website, but this will not affect charges for services that have been previously paid and we will promote changes in advance.

15.8 Marketplace sellers are also charged a 3% transaction fee by payment providers on sales of artworks. They keep this, we don’t.

16. Our role

16.1 You acknowledge that:

(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b) we are not party to any contract for the sale or purchase of artworks advertised on the website;

(c) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers;

(d) we are not the agents for any buyer or seller,

and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any artworks advertised on our website.

16.2 The provisions of this Section 16 are subject to Section 22.1.

18. Our rights to use your content

18.1 In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images and audio-visual material) that you submit to us or our website.

18.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use your content in any existing or future media for the purposes of promoting the marketplace.

18.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 18.2.

19. Rules about your content

19.1 You warrant and represent that your content will comply with these terms and conditions.

19.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

19.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(e) be in contempt of any court or in breach of any court order;

(f) be in breach of racial or religious hatred or discrimination legislation;

(g) be in breach of any contractual obligation owed to any person;

(h) depict violence in an explicit, graphic or gratuitous manner;

(i) be pornographic in nature;

(j) be untrue, false, inaccurate or misleading;

(k) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(l) cause annoyance, inconvenience or needless anxiety to any person.

19.4 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

19.5 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

20. Report abuse

20.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

20.2 You can let us know about any such material or activity by contacting us at info@juxsee.com

21. Limited warranties

21.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

21.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

21.3 To the maximum extent permitted by applicable law and subject to Section 22.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

22. Limitations and exclusions of liability

22.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for fraud or fraudulent misrepresentation;

(b) limit any liabilities in any way that is not permitted under applicable law; or

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

22.2 The limitations and exclusions of liability set out in this Section 22 and elsewhere in these terms and conditions:

(a) are subject to Section 22.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

22.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

22.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

22.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

22.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

22.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

23. Indemnity

23.1 You hereby indemnify us, and undertake to keep us indemnified, against:

(a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;

(b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.

24. Breaches of these terms and conditions

24.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) suspend or delete your account on our website.

24.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

25. Third party websites

25.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

25.2 We have no control over third party websites and their contents, and subject to Section 22.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

26. Trade marks

26.1 The Juxsee logo and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

26.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

27. Variation

27.1 We may revise these terms and conditions from time to time.

27.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

28. Assignment

28.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].

28.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

29. Severability

29.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

29.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

30. Third party rights

30.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

30.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

31. Entire agreement

31.1 Subject to Section 22.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

32. Law and jurisdiction

32.1 These terms and conditions shall be governed by and construed in accordance with English law.

32.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

33. Statutory and regulatory disclosures

33.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.

33.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

33.3 These terms and conditions are available in the English language only.

33.4 The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr.

34 Information about you and your privacy

34.1 Ensuring your privacy is very important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.

35. Our details

35.1 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form; or

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JUXSEE LTD through its website juxsee.com does not knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow such persons to register for the Service. juxsee.com is a General Audience Site and the Service and its content are not directed at children under the age of 16. Children under the age of 16 are prohibited from providing any personal information to the Site. In the event that we learn that we have collected personal information from a child under age 16 without parental consent, we will delete that information as quickly as possible.