Terms and Conditions
These terms and conditions of sales (“Sales Terms”) govern the sale of all Physical Artworks.
1.1 Unless the context otherwise requires, the following expressions shall have the following meanings in these Sales Terms:
(i) “Accepted Order” means any Order that is accepted by us in our sole and absolute discretion;
(ii) “Art Forum” means Art Forum Pte Ltd;
(iii) “Artist” means the person who is the creator of the Physical Artwork;
(iv) “Date of Order” means the date on which you place the Order;
(v) “Delivery Address” is defined in Clause 4.1;
(vi) “Delivery Company” is defined in Clause 4.1;
(vii) “Intellectual Property Rights” means all copyright, patents, utility innovations, trademarks and service marks, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same;
(viii) “Physical Artworks” means 2D or 3D artworks (original or reproductions, as described on the Platform) that are available for purchase on the Platform; (ix) “Platform” means https://www.artforum.com.sg/ and/or any other URL that we may specify from time to time, and all web pages thereunder;
(x) “Order” means your offer to purchase a Physical Artwork(s);
(xi) “we” and “us” means Art Forum Pte Ltd (Company Registration No: [198305763C]), a Singapore company and having a registered address at 82 Cairnhill Road, Singapore 229684;
(xii) “you” and “your” means the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian; and
(xiii) words importing the singular only shall also include the plural and vice versa where the context requires and references to persons include bodies incorporate or unincorporated, including partnerships and their successors and assigns.
2. Purchase of Physical Artworks
2.1 As a user of the Platform, you may purchase Physical Artworks though the Platform. When you purchase a Physical Artwork through the Platform, you are purchasing that Physical Artwork from Art Forum and not from the Artist identified on the listing for such Physical Artwork.
2.2 Guidelines: Please follow the guidelines issued by us from time to time in relation to your purchase of Physical Artworks through the Platform.
2.3 Description of the Physical Artwork
2.3.1 While we endeavour to provide an accurate description of the Physical Artwork, we do not warrant that such description is accurate, current or free from error.
2.3.2 Colour accuracy: Monitors or displays of computers or mobile devices may display colours differently, Art Forum cannot be responsible for the colour accuracy of any Physical Artworks displayed on the Platform.
2.4 Placing your Order: You may place an offer to purchase Physical Artworks listed on the Platform (such offer referred to as “Order” by completing the order form on the Platform and clicking on the [“Buy”] button. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Our reservation of rights in respect of Orders: All Orders shall be subject to our acceptance and each Order accepted by us (such accepted Order to be referred to as an “Accepted Order”) shall constitute a separate contract. You acknowledge that unless you receive a notice from us accepting your Order, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Physical Artwork(s) and accordingly we shall not be liable for any loss, liability or damage which may be incurred as a result. For the avoidance of doubt, we reserve the right to decline to process or accept any Order received from or through the Platform at our absolute discretion.
2.6 No formal offer: All information displayed on the Platform shall not constitute a formal offer capable of acceptance by you nor is any such information or request(s) to be considered a part of any agreement between us and you. Unless otherwise provided expressly in these Sales Terms, all Orders are subject to our acceptance (see paragraph 2.5 above).
2.7.1 Orders that have been issued are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and we shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in paragraph 2.8 of these Sales Terms, you may request to cancel or amend the Order which we will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Order.
2.7.2 The handling of Orders: You acknowledge and agree that we may at any time: (i) at our sole and absolute discretion and without giving any reason or prior notice, require that you identify yourself by alternative means; require any Order to be confirmed through alternative means (including in writing given in person or by fax); and (ii) decline to process the Order at any time without giving any reason or prior notice, including to, without incurring any responsibility for loss, liability or expense arising out of so declining to process, refrain from processing promptly upon any Order in order to verify the authenticity thereof or decline to process the Order where they are ambiguous or incomplete.
2.8 Cancellation of Orders
2.8.1 No issuance of Accepted Order: We will cancel your Order if we are unable to accept your Order if you cannot complete payment by your Date of Order.
2.8.2 Cancellation by you: You may cancel your Order at any time before we issue an Accepted Order or before packing and shipment of your order. There will be no cancellation charge.
2.9 The Physical Artworks sold under an Accepted Order shall be as described on the Platform. Except as otherwise expressly provided in such description: (i) no warranty of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Physical Artworks; and (ii) we exclude (unless expressly prohibited by applicable mandatory law) all express or implied terms, warranties or conditions with respect to the Physical Artworks supplied.
2.10 No assignment or licence of Intellectual Property Rights in or to the Physical Artworks: The sale of the Physical Artwork through an Accepted Order only transfers title to and the right to have the physical possession of, the Physical Artwork. Such sale does not transfer any Intellectual Property Rights in or to the Physical Artwork to you. Further, no right or licence whatsoever, either expressed or implied, is granted by Art Forum or the Artist to you pursuant to these Sales Terms under any patent, patent application, copyright, design right, trademark or other proprietary right in or to the Physical Artworks. You further agree that you have no rights to use the Intellectual Property Rights in or to the Physical Artworks.
2.11 Force Majeure: We will not be liable to the other for any non-performance, error, interruption or delay in the performance of its obligations under these Sales Terms and/or the Accepted Order if this is due, in whole or in part, directly or indirectly to force majeure. For the purpose of these Sales Terms and the Accepted Order, a "force majeure" means any circumstances, event or failure which is beyond the control of Art Forum including acts of God, fire, explosions, earthquake, flood, storm, drought, riot or civil disturbance, war, military action, acts of terrorism, insurrection, acts of Government, health epidemics, general outbreak of debilitating disease, import or export regulations or embargoes, delay in transport, breakdown in machinery, acute or unusual material shortages, strikes, lockouts, industrial disputes or labour disturbances or disputes.
3. Prices of Products and accepted payment methods
3.1 Prices of Products: All prices quoted on the Platform, are subject to taxes, unless otherwise stated.
3.2 Payment methods: You may pay for the Physical Artwork by one of the following methods of payment: PayPal or using Visa, MasterCard or American Express credit cards. We accept payments from customers via these stated payment methods at our sole discretion, and have no obligation to accept payment by other means. When you place an Order, actual payment will be only charged upon an Accepted Order.
3.3 Credit card limits and/or use of third-party payment processors: We may place limits on any credit card purchase and/or use third-party payment processors to process any transaction at our sole discretion.
3.4 Title: The title to the Physical Artwork you have purchased through an Accepted Order shall not pass to you until the full payment of the price has been paid to Art Forum in accordance with these Terms of Sale.
3.5 Invoicing: We may invoice you upon the due date of any payment under an Accepted Order.
3.6 Taxes: The price for the Physical Artwork does not include any sales taxes, value-added taxes, goods and services taxes, and other similar transaction taxes (whether of Singapore or elsewhere) in all applicable jurisdictions in respect of or in connection with the Physical Artworks or the delivery of the Physical Artworks and any other applicable government fees and taxes, all of which you must bear.
4. Delivery of Physical Artworks
4.1 You may choose to have the Physical Artworks delivered to a specific address (to be stated in your Order and which we will refer to in these Sales Terms as “Delivery Address”), in which case, we will engage a third party delivery services provider (“Delivery Company”) of our choice, to deliver the same to you.
4.2 Delivery costs: The delivery cost (including insurance in connection with delivery) of the Physical Artwork purchased via an Accepted Order to the Delivery Address will be borne by us provided you take delivery of the Physical Artwork promptly upon the same being delivered to you at the Delivery Address. To avoid delay it is most important to specify contact person’s name and cell phone number and delivery times. Art Forum will not refund cost of purchase due to refusal to take delivery of the Physical Artwork or delay in doing so.
4.3 You acknowledge that delivery of Physical Artworks is subject to availability of the Physical Artworks from our Artists. We will make every reasonable effort to ensure that the Delivery Company delivers the Physical Artwork to you within the delivery timeframe displayed in the Accepted Order, but you acknowledge that while the availability information on our Platform is updated regularly, it is possible that in some instances a Physical Artwork may become unavailable between updates.
4.4 All delivery timeframes given are estimates only and delays can occur. If the shipment of your Physical Artwork is delayed we will inform you accordingly via email and your Physical Artwork will be dispatched as soon as it becomes available to us.
4.5 Our delivery obligations shall be fully discharged upon the Physical Artwork being delivered by the Delivery Company to the Delivery Address.
4.6 In the event you do not receive the Physical Artwork at the Delivery Address by the projected delivery date and provided that you inform us within 12 days immediately from such projected delivery date, we will try, to the best of our ability, to assist you in locating and recovering the Physical Artwork. If we do not hear from you within 12 days from such projected delivery date, you shall be deemed to have received the Physical Artwork purchased.
4.7 Risk and Title: All risks of damage to or loss of the Physical Artwork shall pass to you upon such Physical Artwork being delivered to you at the Delivery Address. Notwithstanding the passing of risk in the Physical Artwork, title to the Physical Artwork shall not pass to you until the full payment of the price has been received by Art Forum in accordance with these Sales Terms.
5. Return of Physical Artworks
5.1 In the event that you are not satisfied with the condition of the work you received, do contact Marjorie Chu at email@example.com or at +65 96202983 via WhatsApp within 48 hours upon receipt of the Physical Artwork that you have purchased with images of the Physical Artwork in the condition that it was received so that we may be of assistance. Please save the original packaging in case you may need to return the Physical Artwork to us.
5.2.1 A full refund can only be activated (in full) if:
contact is made with Marjorie Chu at firstname.lastname@example.org or at +65 96202983 via WhatsApp is made within 48 hours upon receipt of the Physical Artworks at the Delivery Address, with photos of the Physical Artwork and packaging in the condition that it was received and provided you agree to return the Physical Artwork in the manner we require;
the Physical Artwork that have been received at the Delivery Address is: (i) a physical artwork that is entirely different from the Physical Artwork specified in the Accepted Order; (ii) a damaged Physical Artwork.
5.2.2 Once you have notified us and provided us with the information and images we require and we have received the returned Physical Artwork from you in the condition it was delivered to you, we’ll issue you a refund on the price of the Physical Artwork. Return shipping will be borne by Art Forum.
6. Limitation of liability
6.1 Notwithstanding any other provision of these Sales Terms, our maximum cumulative liability to you or to any other party for all claims, suits, demands, actions or other legal proceedings under, arising out of or relating to the sale of Physical Artworks under each Accepted Order, will not exceed the sums that you have paid to us under such Accepted Order.
7.1 Governing Law: These Sales Terms shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
7.2 Amendments to these Sale Terms: We may vary the terms and conditions of these Sales Terms, such variation to take effect on the date we specify (which shall generally be no less than seven (7) days from the date of the notice). If you use the Platform after such date, you are deemed to have accepted such variation.