Shipping Plus Terms and Conditions
Phase 2 - UK and EU
By using the shipping services (“Shipping Plus”) offered by Art Discovery Ltd. (“Artfinder”, “We” or “Us”) you are agreeing to be bound by the following terms and conditions (“Shipping Plus Terms”), which are to be adhered to alongside Artfinder’s Seller Terms and Conditions. Any new features or tools which are added to the current Service shall also be subject to these Shipping Plus Terms. Artfinder reserves the right to update and change the Shipping Plus Terms by posting updates and changes.
What definitions will be used in these Terms?
Artfinder / We / Us
Art Discovery Ltd.
The Site / Website / Platform
The Artfinder website, hosted at www.artfinder.com, and all subdomains and subdirectories thereof.
Seller / You / Your
Any person using the Artfinder website to facilitate the supply of artworks to customers.
Any item displayed for sale at any time on the site.
Customer / Consumer / Buyer
Any person using the Artfinder website to facilitate the supply of artworks to customers.
Shipping Provider / Shipper / Courier
Any company acting as a shipping courier fulfilling the service on behalf of Artfinder
An estimated price, including any fees and taxes (where applicable) based on the parcel weight and dimensions entered by the Seller.
Actual price re-charged to the Seller, including any fees and taxes (where applicable) based on the actual parcel weight and dimensions as measured by the courier.
A service of artwork delivery from the seller to the customer and provided / fulfilled by the courier
A price list of shipping costs by destination, maintained by and owned by the provider
What are these Terms about?
Artfinder is rolling out the next stage of our automated shipping service. The first phase, having a beta group of artists trialling this service, has been in progress since June 2016. In this next phrase the feature will be rolled out to all artists based in the UK and these 24 European countries and will be offered only for shipments within the the UK and these 24 European countries. This phase will be time limited and these terms may be reviewed from time to time. You will be informed once this phase comes to an end and the service becomes accessible to all Artfinder sellers.
What will we offer?
The Shipping Plus service will offer participating Sellers the following benefits:
- Great Prices - up to 70% cheaper shipping rates for your customers
- Convenience - book shipments from within your Seller Portal
- Collections - have the artworks collected from an address stipulated by yourself
- Tracking - precise tracking directly on the Artfinder platform
- Updates - notifications issued to seller and buyer upon delivery
- Savings - no need to pay upfront for the cost of shipping - shipping charge will be paid for from by the customer
- Communication - Artfinder’s Support Team will provide a point of contact for shipping-related queries and will liaise with any third parties on your behalf (unless something needs to be urgently established in which case courier contact details will be provided)
- Loss or damage compensation - Artfinder will cover any loss or damage which can be attributed to the courier (up to the value of £3000)
Who is providing the service?
Artfinder is acting as an agent for providing you access to preferential rates and services of third party Shipping Providers. Artfinder is not acting as a Courier / Shipper for the Shipping Plus service.
We have partnered with Courier companies DHL and FedEx for the test phase. The Shipping Provider fulfilling the shipment will be communicated to you clearly when using the service. We may add further Courier companies to the list of partners in the future.
By using Artfinder’s Shipping Plus service you agree to be bound by terms and conditions of carriage of the relevant Courier company you chose to use. Artfinder will provide a link to those terms for your review upon booking the shipment.
Is using this service mandatory?
You are not required to use Artfinder’s Shipping Plus service if you are unhappy with the quote provided or terms outlined in this document.You may decide whether you wish to use our service on a per-order basis.
What will we need our participating sellers to do?
Sellers using the test phase of Shipping Plus service will be required to abide by the following processes and rules:
- Continue listing artworks and shipping rates as normal in their shipping profiles
- The Customer will pay the shipping rate stated by the Seller in your shipping profiles
- Once a qualifying order has been made the Seller will be invited to ship via Shipping Plus
- The Seller will follow the link provided and select “Artfinder Shipping” as a shipping method
- The Seller must enter accurate size and weight of a parcel to receive an accurate shipping quote
- If the Seller is happy with the quotation received and the terms and conditions of carriage of the selected Courier, they may proceed to book the shipment via Artfinder Shipping Plus
- The service will supply the shipping label for the Seller which will need to be printed and attached to the parcel
- The Seller must ensure that all packaging and document instructions Artfinder provides are followed thoroughly (photographs of packaging recommended)
- If a drop-off rate has been selected - the seller will need to drop the parcel off at a location supported by the selected Courier
- If a pick-up rate has been selected - the Seller must ensure that they, or an authorised person, are available at the time and address stipulated by the Courier
- The Seller is encouraged to provide feedback to Artfinder on the usability of the shipment booking system to enable Artfinder to improve the provision of this service
What is the difference between the Shipping Quote and the Shipping Price?
Artfinder will give a shipping quote (including any fees and taxes) based on the parcel’s dimensions and weight entered by the Seller during the booking process. The quote price is guaranteed only if the parcel dimensions and weight entered match the actual parcel dimensions and weight as measured by the Seller.
The Couriers that we work with use sophisticated equipment to check the size and weight of each parcel. If the size or weight difference causes the courier to charge Artfinder a higher or lower rate than one quoted at the booking stage - Artfinder will charge the seller the shipping price based on the actual dimensions and weight recorded by the courier.
What are the Artfinder fees?
In order to offset the development work and admin work that is going into supporting the scheme Artfinder may charge a small fee as a percentage of the shipping cost disbursed to the courier. This will always be factored into the Shipping Quote or final Shipping Price you see for a given shipment.
What is Artfinder’s role?
Artfinder holds an account with every Courier company offered within Shipping Plus service, with access to negotiated high-volume preferential rates. Artfinder will be the single point of contact for all shipping related matters and will represent the Seller in communication with the respective Courier.
Artfinder is an agent arranging the shipment with each Courier company on behalf of the Seller and is therefore not responsible nor liable for any delays, damage or loss of parcels. Artfinder is not responsible for any differences in shipping quotes and shipping prices charged due to incorrectly entered parcel weight or dimensions.
Artfinder will act on the Seller’s behalf to ensure appropriate steps are taken to help locate delayed or lost shipments, recover any compensation due to damage or loss from the Courier. Any such compensation received will be passed on to the Seller in the appropriate payment run.
Artfinder will endeavour to incorporate all Seller feedback where possible, although cannot guarantee that every comment will be addressed.
It is entirely at the discretion of Artfinder as to whether compensation outside of the Courier’s terms and conditions of carriage or insurance will be offered.
What can be expected of the Courier?
The Courier company selected by the Seller is responsible for the fulfilment of service and for any delays, damage in transit or loss of shipment. The Courier company’s own terms and conditions of carriage apply to the service of shipping a parcel from the Seller to the Customer.
What if the customer requests a return?
Where the stated reason for the return of an artwork is that the Customer changed their mind or if the artwork is damaged by the Courier, the cost of the outbound shipment will be assumed in full by Artfinder.
In the eventuality that the artwork is being returned due to a misrepresentation of the artwork or if it is damaged due to negligence on the part of the Seller, the cost of the outbound shipment will be debited from the Seller’s account. Negligence will be considered a non-adherence to our Postage and Packaging Guidelines, poor treatment of the package or any precautions deemed insufficient by Artfinder or the Courier.
The service is provided on a trial basis and its scope may change from time to time. As this is a test phase of the service we may also update these terms to accommodate any feedback that we receive.
ARTFINDER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. ARTFINDER SHIPPING PLUS SERVICES AND PROPERTIES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Exclusion of Damages and Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL ARTFINDER BE LIABLE TO SELLER OR CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ARTFINDER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL ARTFINDER BE LIABLE TO SELLER OR CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY SELLER OR CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.