Buyer Terms and conditions of use
LumiArts provides a a platform to allow Sellers to offer and sell their work directly to Buyers. LumiArts acts as a Commercial agent for Sellers and provides marketing services and the site itself, to help publicise the products available. Products offered for sale on LumiArts are not owned nor come into possession of LumiArts, unless agreed in writing.
Any contract to sell and buy products listed on the LumiArts website is made only between the Seller and Buyer concerned and LumiArts is not a party to any such contract.
terms and conditions shall govern your use of our website LumiArts. LumiArts is
wholly owned by Luminaire Arts Ltd of 19, Grosvenor Place, Belgravia, London
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.
you register with our website, submit any material to our website or use any of
our website services, we will ask you to expressly agree to these terms and
must be at least 18 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 18 years of age.
privacy and cookies policy.
2. Copyright notice
(c) 2017 Luminaire Arts Ltd.
to the express provisions of these terms and conditions:
together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
the copyright and other intellectual property rights in our website and the
material on our website are reserved.
3. Licence to use website
pages from our website in a web browser;
pages from our website for caching in a web browser;
pages from our website;
audio and video files from our website; and
our website services by means of a web browser,
to the other provisions of these terms and conditions.
as expressly permitted by Section 3.1 or the other provisions of these terms
and conditions, you must not download any material from our website or save any
such material to your computer.
may only use our website for your own personal and business purposes, and you
must not use our website for any other purposes.
as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
you own or control the relevant rights in the material, you must not:
material from our website including republication on another website;
rent or sub-license material from our website;
any material from our website in public;
material from our website for a commercial purpose; or
material from our website.
Section 3.5, you may redistribute our newsletter in print and electronic form
to any person.
reserve the right to restrict access to areas of our website, or indeed our
whole website, at our discretion; you must not circumvent or bypass, or attempt
to circumvent or bypass, any access restriction measures on our website.
4. Acceptable 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 or accessibility of
our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or
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
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;
or otherwise interact with our website using any robot, spider or other
automated means, except for the purpose of search engine indexing;
the directives set out in the robots.txt file for our website; or
data collected from our website for any direct marketing activity (including
without limitation email marketing, SMS marketing, telemarketing and direct
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
5. Use on behalf of
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
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, unless the context requires otherwise.
6. Buyer registration and
Section 6 applies to buyers and prospective buyers.
be eligible for a buyer account on our website under this Section 6, you must
be at least 18 years of age.
7. Seller registration
Section 7 applies to sellers and prospective sellers.
be eligible for a business account on our website under this Section 7, you
must be operating a business and:
you are a sole trader, you must be at least 18 years of age and resident in
England and Wales;
you are a partnership, you must be established under the laws of England and
you are a limited company or other limited liability entity, you must be incorporated
in England and Wales.
be eligible for an individual account on our website under this Section 7, you
must be at least 18 years of age and resident in the United Kingdom.
may register for a seller 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.
8. User login details
you register for an account with our website, you will be asked to choose a
user ID and password.
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.
must keep your password confidential.
must notify us in writing immediately if you become aware of any disclosure of
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
your account; and/or
your account details, 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.
may cancel your account on our website using your account control panel on the
website. You will not be entitled to any refund if you cancel your account in
accordance with this Section 9.2.
10. Seller stores
you register with our website as a seller, you will be able to create your own
store on the website.
create a store on our website, you should follow the steps outlined on the
stores that are submitted will be individually reviewed within 24 hours
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.
we permit the publication of a seller store, it will remain published on our
website indefinitely, subject to these terms and conditions.
11. Seller listings
you register with our website as a seller and create a store on the website,
you will be able to submit listings to the website.
create a listing on our website, you should take the simple steps outlined on
that are submitted will be periodically reviewed following submission.
prejudice to our other rights under these terms and conditions, we reserve the
right to reject, unpublish and/or delete any listings that breach these terms
and conditions or that do not meet any additional guidelines for listings
published on our website; and if we reject, unpublish or delete a listing for
any of these reasons, we will not refund any fees you may have paid to us in
respect of the listing.
we permit the publication of a listing, it will remain published on our website
indefinitely subject to these terms and conditions.
submitted to our website must be true, fair, complete and accurate in all
submitted to our website must constitute bona fide listings relating to Art or
must be allocated to the appropriate category or categories. If you cannot
identify an appropriate category for a listing, please contact us.
must keep your listings up to date using our website interface; in particular,
you must remove any listings in respect of products that have ceased to be
must ensure that all prices specified in or in relation to a listing are in
pounds Sterling only, and inclusive of any VAT if applicable.
12. Product rules
only products that may be the subject of a listing on our website are products
falling within the following categories: Art and Sculpture.
must not use our website to advertise, buy, sell or supply services, intangible
products or downloadable products.
must not advertise, buy, sell or supply through our website any product that:
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;
of or contains material that would, if published on our website by you,
contravene the provisions of Section 4 or Section 20; or
or relates to: drugs, narcotics, steroids or controlled substances;
pornography; obscene, indecent or sexually explicit materials; knives, swords,
firearms or other weapons; ammunition for any weapon; items that encourage or
facilitate criminal acts or civil wrongs; or items that encourage or facilitate
the infringement of any intellectual property right.
13. The buying and selling
agree that a contract for the sale and purchase of a product or products will
come into force between you and the buyer, and accordingly that you commit to
selling the relevant product or products, in the following circumstances:
buyer must add the products he or she wishes to purchase to the shopping cart,
and then proceed to the checkout;
the buyer is a new user, he or she must create a buyer account with the website
and log in; otherwise, the buyer must enter his or her login details;
the buyer is logged in, he or she must confirm the order and his or her consent
to these terms and conditions and the applicable terms and conditions of sale;
buyer will be transferred to the website of the appointed payment service
provider, and the payment service provider will handle the buyer's payment to
the seller; buyers must submit payment in full via credit or debit card;
website will then send to the buyer an automatically generated acknowledgement
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.
14. Terms and conditions of
must use the website interface to create legal notices applying to their
relationships with customers.
seller must ensure that:
seller's legal notices are sufficient to meet the seller's legal disclosure
obligations and other legal obligations; and
seller complies with all laws applicable to their product listings and sales,
including where applicable the Consumer Rights Act 2015, the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 and the
Electronic Commerce (EC Directive) Regulations 2002.
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:
price for a product will be as stated in the relevant product listing;
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 product listing;
of products must be made within 10 days following the date the contract of sale
comes into force or such shorter period as the buyer and seller may agree;
means of delivery of products must be used by the seller; and
must be of satisfactory quality, and must be fit for any purpose specified in,
and conform in all material respects to, the product listing and any other
description of the products supplied or made available by the seller to the
the seller is a trader and the buyer is a consumer, the provisions of Section
15 shall be incorporated into the contract of sale and purchase between a buyer
and a seller.
buyers and sellers undertake to comply with the agreed terms and conditions of
sale and purchase.
15. Distance contracts:
Section 15 applies if and only if the seller is a trader (a person acting for
purposes relating to that person's trade, business, craft or profession,
whether acting personally or through another person acting in the trader's name
or on the trader's behalf) and the buyer is a consumer (an individual acting
wholly or mainly outside his or her trade, business, craft or profession).
buyer may withdraw an offer to enter into a contract with a seller through our
website or cancel a contract entered into with a seller through our website
(without giving any reason for the withdrawal or cancellation) at any time
within the period:
upon the submission of the buyer's offer; and
at the end of 14 days after the day on which the goods come into the buyer's
physical possession or the physical possession of a person identified by the
buyer to take possession of them (or, if the contract is for delivery of
multiple goods, lots or pieces of something, 14 days after the day on which the
last of those goods, lots or pieces comes into the buyer's physical possession
or the physical possession of a period identified by the buyer to take
possession of them).
order to withdraw an offer to contract or cancel a contract on the basis
described in this Section 15, the buyer must inform the seller of the buyer's
decision to withdraw or cancel (as the case may be). The buyer may inform the
seller by means of any clear statement setting out the decision. In the case of
cancellation, the buyer may inform the seller using the cancellation form that
we or the seller will make available to the buyer. To meet the cancellation
deadline, it is sufficient for the buyer to send the communication concerning
the exercise of the right to cancel before the cancellation period has expired.
the buyer cancels a contract on the basis described in this Section 15, the
buyer must send the products back to the seller (to the address specified by
the seller on our website) or hand them over to the seller or a person
authorised by the seller to receive them. The buyer must comply with this
obligation without undue delay and in any event not later than 14 days after
the day on which the buyer informs the seller of the decision to cancel the
contract. The buyer must pay the direct cost of returning the products.
the buyer cancels an order in accordance with this Section 15, the buyer will
receive from the seller a full refund of the amount you paid to the seller in
respect of the order including the costs of delivery to the buyer, except:
the buyer chose a kind of delivery costing more than the least expensive kind
of delivery that the seller offers, the seller reserves the right to retain the
difference in cost between the kind of delivery the buyer chose and the least
expensive kind of delivery that the seller offer; and
otherwise provided in this Section 15.
the value of the products returned by the buyer is diminished by any amount as
a result of the handling of those products by the buyer beyond what is
necessary to establish the nature, characteristics and functioning of the products,
the seller may recover that amount from the buyer up to the contract price. The
seller may recover that amount by deducting it from any refund due to the buyer
or require the buyer to pay that amount direct to the seller. Handling which
goes beyond the sort of handling that might reasonably be allowed in a shop
will be "beyond what is necessary to establish the nature, characteristics
and functioning of the products" for these purposes.
seller will refund money using the same method used to make the payment, unless
the buyer has expressly agreed otherwise. In any case, the buyer will not incur
any fees as a result of the refund.
the seller has offered to collect the products, the seller will process a
refund due to the buyer as a result of a cancellation on the basis described in
this Section 15 within the period of 14 days after the day on which the seller
receive the returned products or (if earlier) after the day on which the buyer
supplies to the seller evidence of having sent the products back. If the seller
has not sent the products at the time of withdrawal or cancellation or has
offered to collect the products, the seller will process a refund due to the
buyer without undue delay and, in any case, within the period of 14 days after
the day on which the seller is informed of the withdrawal or cancellation.
buyer will not have any right to cancel a contract as described in this Section
15 insofar as the contract relates to:
supply of non-prefabricated goods that are made on the basis of an individual
choice of or decision by the buyer, commissioned art, or goods that are clearly
supply of goods which are, according to their nature, inseparably mixed with
other items after delivery.
18. Our role
do not confirm the identity of website users, check their credit worthiness or
bona fides, or otherwise vet them;
are not responsible for checking, auditing or monitoring all the information
contained in listings;
are not party to any contract for the sale or purchase of products advertised
on the website;
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 and PayPal processes
payments on behalf of sellers;
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 products advertised on our website; furthermore
we are not responsible for the enforcement of any contractual obligations
arising out of a contract for the sale or purchase of any products and we will
have no obligation to mediate between the parties to any such contract.
provisions of this Section 18 are subject to Section 23.1.
19. Your content: licence
these terms and conditions, "your content" means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files that you
submit to us or our website for storage or publication on, processing by, or
transmission via, our website.
grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute your content in any
existing or future media.
grant to us the right to sub-license the rights licensed under Section 19.2.
grant to us the right to bring an action for infringement of the rights
licensed under Section 1.
hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
may edit your content to the extent permitted using the editing functionality
made available on our website.
prejudice to our other rights under these terms and conditions, if you breach
any provision of 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
delete, unpublish or edit any or all of your content.
20. Your content: rules
warrant and represent that your content will comply with these terms and
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).
content, and the use of your content by us in accordance with these terms and
conditions, must not:
libellous or maliciously false;
obscene or indecent;
any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;
any right of confidence, right of privacy or right under data protection
negligent advice or contain any negligent statement;
an incitement to commit a crime, instructions for the commission of a crime or
the promotion of criminal activity;
in contempt of any court, or in breach of any court order;
in breach of racial or religious hatred or discrimination legislation;
in breach of official secrets legislation;
in breach of any contractual obligation owed to any person;
violence in an explicit, graphic or gratuitous manner;
pornographic, lewd, suggestive or sexually explicit;
untrue, false, inaccurate or misleading;
of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or
annoyance, inconvenience or needless anxiety to any person.
content must be appropriate, civil and tasteful, and accord with generally
accepted standards of etiquette and behaviour on the internet.
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.
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
21. Report abuse
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.
can let us know about any such material or activity by email or using our abuse
22. Limited warranties
do not warrant or represent:
completeness or accuracy of the information published on our website;
the material on the website is up to date; or
the website or any service on the website will remain available.
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.
the maximum extent permitted by applicable law and subject to Section 23.1, we
exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
23. Limitations and
exclusions of liability
in these terms and conditions will:
or exclude any liability for death or personal injury resulting from
or exclude any liability for fraud or fraudulent misrepresentation;
any liabilities in any way that is not permitted under applicable law; or
any liabilities that may not be excluded under applicable law, 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.
limitations and exclusions of liability set out in this Section 23 and
elsewhere in these terms and conditions:
subject to Section 23.1; and
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
the extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any
will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
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.
will not be liable to you in respect of any loss or corruption of any data,
database or software, providing that if you contract with us under these terms
and conditions as a consumer, this Section 23.6 shall not apply.
will not be liable to you in respect of any special, indirect or consequential
loss or damage, providing that if you contract with us under these terms and
conditions as a consumer, this Section 23.7 shall not apply.
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).
hereby indemnify us, and undertake to keep us indemnified, against 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.
25. Breaches of these terms
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:
you one or more formal warnings;
suspend your access to our website;
prohibit you from accessing our website;
computers using your IP address from accessing our website;
any or all of your internet service providers and request that they block your
access to our website;
legal action against you, whether for breach of contract or otherwise; and/or
or delete your account on our website.
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
26. Third party websites
website includes hyperlinks to other websites owned and operated by third
parties; such hyperlinks are not recommendations.
have no control over third party websites and their contents, and subject to
Section 23.1 we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
27. Trade marks
Arts Ltd, Luminaire Arts Gallery and LumiArts Ltd, our logos 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.
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.
may revise these terms and conditions from time to time.
revised terms and conditions shall apply to the use of our website from the date
of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent
to, revisions of these terms and conditions.
you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website, and you must stop using the website.
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.
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
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.
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.
31. Third party rights
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.
exercise of the parties' rights under a contract under these terms and
conditions is not subject to the consent of any third party.
32. Entire agreement
to Section 23.1, 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.
33. Law and jurisdiction
terms and conditions shall be governed by and construed in accordance with
disputes relating to these terms and conditions shall be subject to the
exclusive jurisdiction of the courts of England.
34. Statutory and
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.
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
terms and conditions are available in the English language only.
are registered as Luminaire Arts Ltd in England; and our registration
number is 8384879.
VAT number is 157823584.
website of the European Union's online dispute resolution platform is available
The online dispute resolution platform may be used for resolving disputes.
35. Our details
website is owned and operated by Luminaire Arts Ltd.
are registered in England and Wales under registration number 8384879, and our
registered office is at 7, Shadwell Park Drive, Leeds LS17 8TT.
principal place of business is at 19, Grosvenor Place, Belgravia, London SW1X
can contact us:
post, using the postal address given above;
our website contact form;
telephone, on the contact number published on our website from time to time; or
email, using the email address published on our website from time to time.