ARCARTA.com and its related sites, services, applications, and tools (each and collectively, the “Site”) are owned and operated by ARCARTA LTD (“ARCARTA,” “Us” , “We” or “Agent”). These terms and conditions (“Terms”) govern the relationship with you, the “Dealer” or “Partner”, ARCARTA , the “Site” and a buyer (“Customer, Client.”)
We may modify the terms at any point. The provisions herein supersede all prior notices or statements regarding our Terms with respect to ARCARTA. By using the Site following any modifications to the Terms you agree to be bound by the modifications.
1. Operation of the site and the role of Arcarta
We act as an Agent and we only facilitate the payment between the Customer and the Dealer.
We, the Agent are not liable for VAT due on sale items after the Sites commission deductions. The Dealer is responsible for their individual VAT arrangements post-sale pertaining to their individual business operations.
We do not own nor hold stock of any of a dealers items displayed on Arcarta. We are a digital marketing and sales system to elevate the appearance of a dealers items within in a rich, online experience.
ARCARTA obligates to maintain the highest level of security for all sensitive client data, and any sensitive financial information regarding sales, commissions and individual dealer arrangements.
The Site provides an online marketplace for appropriately qualified independent businesses and sellers ("Dealers") to offer to sell goods ("Items") to Buyers. The sale is directly between the Buyer and the Dealer.
The role of Arcarta is expressly limited to making the Site available and maintaining the Site. Arcarta is not responsible for the actual sale of Items and does not control the information provided by Dealers or Buyers nor their acts or omissions. Arcarta is independent from the Buyer and Dealer and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by Arcarta.
We are not responsible for the delivery of or transfer of legal ownership of Items from a Dealer to you. We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.
Arcarta may, but is not obligated to, provide intermediary services between the Buyer and Dealer in connection with customer service or dispute resolution matters. In the event Arcarta elects in its sole discretion to provide intermediary services, then the decision of Arcarta is final and binding on all parties and cannot be appealed, challenged or reversed.
2. Consent to Processing; International Use
Buyers agree to comply with all applicable laws, rules and regulations in connection with their use of the Site. The Site may be used only for lawful purposes and in a lawful manner. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of data exported from the United Kingdom or the country in which you reside as well as the restrictions on import or export of Items from the Dealer’s country to your country.
3. Relationship of Parties
Arcarta relies on the dealer for showing the correct information and imagery pertaining to a particular item. Where necessary, Arcarta reserves the right to amend or correct any inaccuracies that my arise including mistakes in price, description or imagery.
The Dealer is responsible for shipping, dispatch and any necessary insurance related to the storage and shipping of any particular item.
Any delivery costs are inclusive of shipping insurance and the shipping provider with necessary tracking details should be provided.
The Dealer is responsible for managing and fulfilling an order for a customer including any special shipping arrangements or circumstances. Where possible, Arcarta will assist in the best interest of the Site, the Buyer and our Dealers.
The Dealer is responsible for setting the market price for the items.
The Buyer is responsible for determining the value, condition and authenticity of the Items being purchased, to pay the purchase price to the Dealer including any sales tax, VAT or import/export duties, and to arrange for shipping of the Items purchased.
The agreements between the Buyer and the Dealer shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
4. Eligibility of the Use of the Site
You must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such children. The Site is designed for persons with experience with, and who are accustomed to, buying Items based on photographs and the Buyer represents having such experience.
5. Site use termination
Arcarta expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of Arcarta, for any reason or no reason at all, and without prior notice.
6. Registartion and Account Access
Buyers must be registered in order to use the Site. Users can request access by using the Join form available at arcarta.com/join. Arcarta perform due diligence on user account information submitted to ensure a protected and secure experience for all parties. No information is shared with third parties, and all account information stays sole in the possession of Arcata.
Buyers may cancel their account at any time. For security reasons, we require the request for account removal to originate from the buyers email address registered to Arcarta.
7. Site unavailability
We reserve the right to cease making the Site available at any time and for any reason.
You acknowledge that temporary interruptions or unpredicted events given the internet based nature of the business may result in periods of inactivity.
You acknowledge that any down time experienced is in the best interests and safety for Arcarta, Dealers and Customers. Under no circumstances will Arcarta will be liable for damages due to such interruptions or lack of availability.
Arcarta reserves the right to cancel any transaction under any circumstance. Arcarta may remove any item from the site or amend at its sole discretion.
Arcarta will be not be liable to any Buyer or any other third party because it has withdrawn any item from the Site, amended any of the content or denied access to the Site.
8. The Sale Process
All items on Arcarta are inclusive of domestic delivery (UK buyer to UK dealer). In the event that an international customer is purchasing from a UK dealer, any delivery costs associated with domestic delivery are removed and replaced with new information from the dealer quoting the delivery cost to the buyers address.
On sale: The item is currently available to purchase from Arcarta. Buyers sharing the same country as the dealer will be eligible for instant checkout where the Total purchase price is inclusive of Domestic shipping.
On hold: Due to the nature of the dealers business activity, an item may be displayed on Arcarta while being shown in their place of business. If a physical customer has placed interest in an item showing on Arcarta, the dealer may place the item on Hold making it temporarily unavailable for Site customers to purchase. In this instance, communication via enquiries are still open.
An item may also appear on hold when an international customer has requested a landed delivery cost for an address they have provided. During this period, the item will be placed on Hold for no longer than 12 hours. If not accepted by the Buyer, or the 12 hour period elapses, the item is automatically placed on Sale. If accepted, the Buyer is eligible to pay 100% of the total purchase price. Upon successful purchase, the item will be marked as Sold.
Sold: There are two triggers that mark an item as Sold:
(i) A customer has successfully made a full purchase through Arcarta.
(ii) A dealer has sold the item in a realm outside of the Site and has independently marked the item as Sold.
Confirmation of sales: Communication between the Buyer and the Seller is communicated by email and system notifications throughout the buying experience. Confirmation of an item being placed on Hold are communicated through email while information about the item is available at all times in a Buyers Open Orders.
Confirmation of sales are sent via email, to both Buyer and Dealer, and order receipts are available in a Buyers Account view within Order History.
Upon successful completion of payment, a visible confirmation of the order is shown to confirm the order was successfully placed, and processing of the payment has been successful.
The "Total Purchase Price" is the price agreed to on the Site between Buyer and Dealer and includes (i) the agreed price of the Item (the "Purchase Price"); (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Dealer is required to collect from the Buyer under applicable law at the time of sale.
9. Payment for items purchased
To secure the item, At the point of checkout buyers are required to remit 100% of the total purchase price.
The Buyer hereby irrevocably authorizes Arcarta to charge the Buyer’s credit card or other payment methods for an amount equal to the Total Purchase Price.
10. Rights of cancellation
Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to a Buyer, unless one of the exceptions below applies, such a Buyer has the right to cancel its order without giving reason within 14 days from the day on which that Buyer or a third party indicated by the Buyer receives an Item. The Buyer must inform the Dealer of its decision to cancel the order in writing within this period. The Dealer must reimburse all payments received from this Buyer/Arcarta for the Items purchased and the Buyer will incur no fee as a result of such reimbursement. However, reimbursement may be withheld until the Dealer has received the Items back from the Buyer. The Buyer must send back the Items following the instructions of the Dealer/Arcarta. The Buyer will bear the cost of returning the Items to the Dealer. The Buyer may lose this right if the value of the Items returned diminishes due to the handling of the Items. The right of cancellation does not apply to: (a) the supply of Items made to the Buyer’s specifications; (b) the supply of Items which may deteriorate or expire rapidly; (c) the delivery of Items which are not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed with other items; (d) the delivery of sealed video or audio recordings or of sealed software if unsealed by the Buyer after delivery; and (e) the supply of digital content if the Buyer accepted when it placed the order that delivery could be started and that the Buyer could not cancel once delivery had started.
11. Sales are “As-Is”
All Items displayed on the Site are sold "AS IS". Neither the Dealer nor Arcarta makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Arcarta makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.
12. Expert Reviews
If the Buyer is purchasing an Item based partially or entirely on its stated provenance, designer or creator, the Buyer may at its option and at its own cost arrange with the Dealer to have Buyer’s selected expert review the Item prior to purchase. Selection of the expert is the sole responsibility of the Buyer. Any arrangements for inspection shall be made between the Buyer and Dealer. Buyer expressly acknowledges that the Buyer’s use and/or reliance on any expert is at the Buyer’s own risk and cost.
14. Taxes and Import/Export Duties
The Buyer is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each Item purchased (collectively, "Taxes"). The Buyer shall pay the Dealer such Taxes as the Dealer is required to collect, but failure of the Dealer to collect the Taxes will not relieve the Buyer’s obligation. It is the Buyer’s responsibility to establish and/or document any applicable exemption from Taxes. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United Kingdom or any other country.
15. Transfer of Title/Risk of Loss
The Dealer of each Item sold on the Site represents that the Dealer will convey clear title of each Item to the Buyer upon receipt by the Dealer or his/her agent of their Total Purchase Price for the Item. In the event the Dealer has requested that Arcarta collect and remit payment of the Total Purchase Price, then the Dealer will convey clear title to the Item upon receipt of the Sales Confirmation by the Buyer and receipt by Arcarta of the Total Purchase Price.
In the case of buyer-arranged shipping, risk of loss and title for such Items pass to Buyer upon Dealer’s delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer picks up the Item from the Dealer. In the case of Dealer arranging shipping, risk of loss and title for such Items pass to Buyer upon Buyer’s receipt of the Item. The Dealer represents that the Dealer is the sole owner of each Item the Dealer is offering for sale on the Site or that the Dealer is duly authorized by the owner of the Item to sell the Item and that the Dealer will transfer ownership of the Item to the Buyer free from any claims by third parties.
16. Delivery and Shipping
Buyer is in every instance free to arrange Buyer’s own shipping and may elect to use any shipping company of its choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents. Buyer may also ask Arcarta to arrange for shipping of Items on Buyer’s behalf which may be subject to pre-advertised shipping prices.
By default, Arcarta relies on its Dealers to make the suitable arrangements for shipping. Upon Buyer’s request Dealer shall provide shipping information including the name of the freight carrier, the complete cost of shipment from Dealer to Buyer’s designated receiving address, the cost of any duty or other charges to be paid by Buyer, the cost of freight insurance and the name of such insurance provider, as well as any costs or fees to be charged by Dealer for crating or packaging the Items for shipment. Buyer and Dealer shall mutually agree on shipment terms and Buyer shall prepay all shipment costs for Dealer-arranged shipping.
17.Buyer Business Practices and Obligations
We expect and require Buyers to comply with the following business practices:
(i) Buyers shall treat all Dealers and Arcarta with respect and without discrimination;
(ii) Buyers must obtain appropriate insurance for all shipments at Buyer’s sole cost for buyer-arranged shipping;
(iii) Buyers shall provide accurate account information and keep contact information up to date; and
(iv) Buyers shall make payment immediately, via major credit card with sufficient available balance or other means to pay the Total Purchase Price when it becomes due.
18. Refusal of Transaction
Arcarta reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. Arcarta may refuse service to anyone at any time in its sole discretion. Arcarta will not be liable to any Buyer or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.
19. Contacting Arcarta
For any questions in connection with the Terms or the Site please write to as at email@example.com