These Terms of Use and Conditions of Sale (“Agreement”) govern your access to and use of www.artebay.com (the “Site”), operated by Artébay (“Artébay,” “we,” “us,” or “our”), a business operating in the Commonwealth of Massachusetts.

By accessing, registering, listing artwork, bidding, purchasing, or otherwise using the Site, you agree to be bound by this Agreement. If you do not agree, you must immediately discontinue use of the Site.

We reserve the right to update this Agreement at any time. Continued use after posting changes constitutes acceptance.

1. Nature of the Platform

Artébay is a multi-vendor online auction and marketplace platform that connects independent artists and sellers (“Sellers”) with buyers and collectors (“Buyers”).

Unless expressly stated otherwise:

  • Artébay does not own listed artwork.
  • Artébay does not take title to artwork.
  • Artébay acts solely as a limited intermediary facilitating transactions.
  • The sales contract is formed directly between Buyer and Seller.

Artébay may process payments, facilitate payouts, and deduct platform commissions and fees as part of its services.

2. Eligibility

Users must:

  • Be at least 18 years old
  • Have legal capacity to enter binding contracts
  • Provide accurate registration and account information

Artébay may suspend or terminate accounts at its sole discretion.

3. Seller Terms

3.1 Seller Representations

By listing artwork, Seller represents and warrants that:

  • Seller owns the artwork or is authorized to sell it.
  • The artwork is authentic and accurately described.
  • The artwork is free of undisclosed liens or encumbrances.
  • The listing does not infringe copyright, trademark, moral rights, publicity rights, or other third-party rights.
  • All statements regarding authorship, provenance, medium, edition, dimensions, condition, and history are truthful and not misleading.

Seller assumes full legal responsibility for all authenticity and description claims. Artébay does not independently authenticate artworks unless explicitly stated in writing.

3.2 Auction Conduct

Sellers may not:

  • Bid on their own listings
  • Engage in shill bidding or arrange bids through agents, friends, or related accounts
  • Manipulate bidding activity or auction outcomes
  • Withdraw artwork after a valid winning bid except as permitted by Artébay policy or required by law

Artébay reserves the right to cancel auctions, remove listings, or suspend accounts for suspected fraud, error, prohibited conduct, or platform malfunction.

3.3 AI-Generated Art Disclosure

Sellers must clearly disclose in the listing description if the artwork:

  • Is AI-generated
  • Contains AI-generated elements
  • Was substantially created using generative AI tools

Failure to disclose may result in listing removal, sale reversal, refund requirements, or account termination.

4. Buyer Terms

4.1 Binding Bids

Placing a bid constitutes a legally binding offer to purchase.

If Buyer wins an auction:

  • Buyer is obligated to complete payment in full
  • Bids may not be retracted except where required by law or expressly permitted by Artébay policy

Failure to pay may result in:

  • Account suspension or termination
  • Cancellation of the sale
  • Legal action or collection efforts
  • Liability for resale deficiency, fees, and related costs to the extent permitted by law

4.2 Buyer’s Premium and Fees

Artébay may charge a Buyer’s Premium and other platform fees. Any Buyer’s Premium will be disclosed on the listing page or during checkout.

Buyers agree to pay, as applicable:

  • Final hammer price
  • Buyer’s Premium
  • Applicable taxes
  • Shipping, insurance, duties, and customs fees
  • Applicable resale royalties (where required by law)

4.3 Title and Risk of Loss

Title transfers directly from Seller to Buyer, unless otherwise stated.

Risk of loss transfers upon delivery to Buyer or the carrier, depending on the transaction’s shipping terms.

Artébay is not responsible for carrier delays, customs issues, or transit damage unless otherwise expressly agreed in writing by Artébay.

5. Payment Terms

Payments must be made in U.S. Dollars unless otherwise stated.

Artébay may use third-party payment processors. Artébay does not control processor decisions, holds, or reversals.

Payment is not complete until funds clear.

Artébay may charge stored payment methods for winning bids and may restrict bidding privileges until outstanding balances are paid.

6. Resale Royalty (Droit de Suite)

Where required by law (including in certain EU jurisdictions and other applicable territories), resale royalties may be:

  • Deducted from Seller proceeds, or
  • Added to Buyer’s total purchase price

Artébay may collect, facilitate, and/or remit resale royalties where legally obligated or operationally required. Sellers and Buyers remain responsible for understanding their legal obligations in their jurisdictions.

7. Anti-Money Laundering (AML) Compliance

Artébay reserves the right to:

  • Request identity verification (KYC)
  • Request proof of funds for higher-value transactions
  • Monitor transactions for suspicious activity
  • Report suspicious activity to authorities as required or permitted by law
  • Freeze, delay, or cancel transactions pending review

Users agree not to use the Site for money laundering, tax evasion, terrorist financing, sanctions evasion, or unlawful financial activity.

8. Sanctions Compliance (OFAC and Related Laws)

Users represent that they:

  • Are not subject to U.S. sanctions
  • Are not listed on OFAC or similar sanctions lists
  • Are not located in embargoed or comprehensively sanctioned jurisdictions
  • Are not acting on behalf of sanctioned persons or entities

Artébay may block accounts, refuse transactions, delay payouts, or freeze funds to comply with sanctions laws.

9. Digital Art and NFT Policy

Artébay currently facilitates sales of physical artwork only.

Artébay does not:

  • Mint or sell NFTs
  • Transfer blockchain assets
  • Guarantee digital scarcity
  • Facilitate token-based ownership or smart contract rights
  • Accept cryptocurrency unless expressly stated

If any digital files are offered in a transaction, they transfer only the file itself (if applicable) and do not include blockchain, token, or smart contract rights.

10. Disclaimer of Warranties

THE SITE AND ALL LISTINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

To the fullest extent permitted by law, Artébay disclaims all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Authenticity (unless explicitly guaranteed by Seller or in writing)
  • Investment value or future resale value

Artébay does not guarantee uninterrupted or error-free operation of the Site.

11. Limitation of Liability

To the fullest extent permitted by law, Artébay shall not be liable for:

  • Indirect, incidental, special, or consequential damages
  • Lost profits, lost revenue, loss of investment value, or reputational harm
  • Disputes between Buyers and Sellers
  • Misrepresentation, fraud, or wrongful acts by users

Artébay’s total liability for any claim arising out of or relating to a transaction shall not exceed the platform fees collected by Artébay in that transaction.

Some jurisdictions do not allow certain limitations, so these limits may not apply to you in full.

12. Indemnification

Users agree to indemnify and hold harmless Artébay and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Breach of this Agreement
  • Intellectual property infringement
  • Fraud, misrepresentation, or unlawful conduct
  • Violation of any law or third-party rights

This obligation survives termination.

13. Prohibited Conduct

Users may not:

  • Engage in shill bidding, bid manipulation, or coordinated bidding schemes
  • Use bots, scrapers, or automated tools to access the Site without written permission
  • List stolen, counterfeit, or infringing works
  • Interfere with platform security or operations
  • Attempt unauthorized access to accounts or systems

Artébay may suspend or terminate accounts, remove content, and pursue legal remedies for violations.

14. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Massachusetts, except where prohibited by law.

Arbitration terms:

  • Conducted in English
  • Presided over by a single arbitrator
  • Users waive the right to a jury trial

Artébay may seek injunctive or equitable relief in Massachusetts courts for intellectual property infringement, fraud, security issues, or misuse of the Site.

15. Class Action Waiver

All disputes must be brought in an individual capacity.

Users waive participation in:

  • Class actions
  • Collective actions
  • Representative proceedings
  • Private attorney general actions (to the extent permitted by law)

If this waiver is found unenforceable, the arbitration requirement may be modified or nullified only to the minimum extent required.

16. Force Majeure

Artébay shall not be liable for delays or failures caused by events beyond its reasonable control, including:

  • Natural disasters
  • Government actions
  • Internet, hosting, or infrastructure outages
  • Payment processor interruptions
  • War, terrorism, civil unrest
  • Pandemics or public health emergencies

17. Taxes

Buyers are responsible for all applicable taxes and charges, including:

  • Sales tax
  • Use tax
  • VAT/GST
  • Import duties and customs fees

Sellers are responsible for income reporting and compliance with tax obligations applicable to their sales.

Artébay may collect and remit taxes where required by law.

18. EU Consumer Withdrawal Rights

EU Buyers may have a 14-day withdrawal right for distance purchases, except where:

  • The sale occurs via a public auction format
  • The artwork is personalized or made to specification
  • Other exemptions apply under EU law

Artébay will comply with applicable consumer protection laws where required.

19. Governing Law

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

Any court proceedings (where arbitration is not applicable or is unenforceable) shall be brought exclusively in the state or federal courts located in Massachusetts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Miscellaneous

This Agreement constitutes the entire agreement between you and Artébay regarding use of the Site and transactions facilitated through it.

No partnership, joint venture, employment, or agency relationship is created except as expressly stated for limited facilitation purposes.

If any provision is unenforceable, the remainder remains valid and enforceable to the fullest extent permitted by law.

Artébay may assign this Agreement in connection with a merger, acquisition, restructuring, or sale of assets.