Private Sales

Conditions

* We maintain a minimum threshold of EUR 1,500 for consignments.
* We accept mint condition works from blue chip artists only.
* Duration of the Consignment and Sales period is a minimum of 14 days
* During the Consignment and Sales period you confirm that you will not advertise/sell the work(s) via any other third party including online websites during this period.
* We charge a 12% commission when a work sells.
* When a work doesn’t sell, we will charge you no costs, commissions or any other charges.

Pricing

If an artwork is suitable for our platform, we will send you our sales pricing based on the current market value.

Our pricing is highly competitive and we offer the best possible value to our members – this ensures our sellers have the best chance of selling their work whilst offering buyers value for money.

Shipping

Before a sale is made, all parties will agree on shipping arrangements and each sale is different. Many of our clients request shipping estimates prior to purchase. We will request this from the seller.

It’s essential that photographs are taken of the work being packed and the final packaging.
We always recommend insuring the work to its full value.

What We Will Need From You Prior To The Sale

* Provenance of the work
* High resolution images of the artwork and paperwork. (edition number, etc, will be blurred)
* Is the work framed/unframed? Condition report
* The edition number of the work
* Your name, address and contact details
* New Art Editions is required by law to take all reasonable steps to mitigate the risks of money-laundering throughout our sales process. For sales over €10,000 we must comply with AML legislation and request supporting documents.

General

This Agreement sets forth the terms and conditions that govern the relationship between New Art Editions (“New Art Editions”) and you (“you” or “Buyer”) with respect to process, terms and conditions under which you may purchase or otherwise participate as a potential buyer in New Art Editions Private Sales for items such as art, artifacts, design objects and other similar items (collectively “Property”) on New Art Editions’ website (newarteditions.com the “Site”). If you wish to access or use the Site to purchase any items of Property through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. We reserve the right to modify or amend these Terms (including, but not limited to, the amount of the Buyer’s Premium) without notice. Changes are effective when posted and your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

The New Art Editions Private Sales portion of the Site provides a venue and mechanism for sellers to conduct sales for items of Property posted for them on the Site and for Buyers to purchase them. As such, New Art Editions is not a party to the actual transactions between buyers and sellers. Sellers are subject to a Master Seller Agreement, but New Art Editions has no control over individual transactions, and does not guarantee that a Seller will complete any transaction.

Use of the New Art Editions Private Sales portion of the Site and the Services is limited to Buyers and Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not offer to sell or sell, or offer to purchase items of Property through the Site. Every Buyer and Seller who uses the Services hereby represents and warrants to New Art Editions that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law.

Use of the Site to Purchase

You may purchase items of Property for sale at Private Sales on the Site during the term of this Agreement, subject to the following terms and conditions:

• You must honor all purchases, and are obligated to complete the transaction with the respective sellers. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
• You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and New Art Editions’ Return Policy.
• You understand and agree that your purchase is a legal obligation to purchase the item under the terms described in the Private Sales Purchases are not retractable except under circumstances deemed appropriate by New Art Editions in its sole discretion. Possible examples include, but are not limited to the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact New Art Editions immediately after your purchase made in error.
• It is your responsibility to pay any sales or use taxes that apply to any purchase transactions conducted by you through the Site. New Art Editions is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.
• The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to purchasing Property. The minimum regulatory venue is deemed to be The Netherlands and the State of Zuid Holland.
• You will not interfere with the operation of the Site or with any Private Sales being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
• Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct.
• You will immediately notify New Art Editions if you suspect that your information or data has been compromised.

Buyer’s Premium

When you are the Buyer, New Art Editions will charge you, and you will be responsible for a buyer’s premium, which is currently an additional 0% of Sales Price of the Purchase.

Shipping and Escrow

New Art Editions may from time to time contract with outside vendors for such services as crating, shipping and escrow payment (“Designated Vendors”). To the extent that New Art Editions determines, in its sole discretion, that the use of Designated Vendors’ services is mandatory in connection with any transaction entered into through the use of New Art Editions’s Site and Services, the applicable procedures and terms of use will be made available on the Site. Buyer acknowledges and agrees that, in the event Buyer is the successful bidder or purchaser of Property, Buyer will use the Designated Vendors’ services to effect the transaction, and will comply with New Art Editions’s and Designated Vendors’ procedures and terms of use therefor.

Use of Content

You, the Buyer, grant to New Art Editions and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for New Art Editions’ use of any such Materials.

Monitoring, Investigation and Disclosure

New Art Editions has the right, but not the obligation, to monitor any activity and content associated with the Site. New Art Editions may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, all of which may be taken by New Art Editions without liability to you or any other person or entity. New Art Editions reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, New Art Editions may, in its sole discretion, remove any item of Property or cancel any Private Sales in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines. In the event of a removal or cancellation, New Art Editions will not have any liability to you, any seller or any other person or entity with respect to the offer of such item or the cancellation of the Private Sales. New Art Editions also reserves the right to terminate this contract or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation.

As permitted by applicable law, New Art Editions reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect New Art Editions’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, New Art Editions’s business and systems or other purposes deemed reasonable by New Art Editions, New Art Editions may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Dispute Resolution

It is New Art Editions’ policy that Sellers carefully describe all items of Property offered for sale on the Site and they warrant that the information is truthful and accurate and contains no material misrepresentations or omissions. This includes text descriptions and images of each item of Property, including, without limitation, its physical condition, age, authenticity, provenance, and any other relevant data. New Art Editions’s policy requires Sellers to photograph all known or suspected modification of the original Property, including damage or wear and tear to Property, and to clearly disclose such damage on the Site.

Because New Art Editions is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, New Art Editions does not have the duty to attempt to resolve or resolve any disputes between participants related to or arising out of any such transaction. New Art Editions has no control over and does not guarantee the quality, safety or legality of an item offered for sale through the Site, the truth or accuracy of listings, the authority of sellers to sell items or pass title, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by New Art Editions.

Accordingly, Sellers and Buyers should resolve amongst themselves all disputes between them arising from the use of this Site. New Art Editions reserves the right, but has no obligation, to investigate either a Seller’s or a Buyer’s complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that New Art Editions may conduct in response to a claim, and to provide New Art Editions with any documentation in your possession or control.

Indemnification

You agree to indemnify, defend and hold harmless New Art Editions, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services (including without limitation any claim related to any Property purchased by you on the Site); (ii) any negligence, willful misconduct or any breach of this Agreement and any terms and/or policies incorporated by reference herein (including without limitation, breach of any warranty, covenant or obligation hereunder by you); (iii) your violation of any State, Federal, Foreign or International laws, codes or regulations; and (iv) your violation of any third party’s rights, including but not limited to, infringement of copyright, violation of any proprietary right or invasion of any privacy rights. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. New Art Editions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of New Art Editions.

Disclaimer of Warranties

New Art Editions does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. New Art Editions reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.

NEITHER NEW ART EDITIONS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Release

BECAUSE NEW ART EDITIONS IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE NEW ART EDITIONS (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Non-European Union Residents

New Art Editions makes no representation that any Property offered sale on this Site or purchased by you on this Site may be legally exported from the country of location of the Property or imported into any other country, including that of Buyer. Buyer and Seller are responsible for obtaining and completing all necessary import and export forms, permissions, licenses in conformance with the law of the applicable location to effectuate the transactions contemplated by this Agreement.

General Provisions

These Terms shall be governed by and construed in accordance with the laws of the State of Zuid Holland, Netherlands, without regard to conflicts of laws provisions. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF DUTCH ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE HAGUE, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR NEW ART EDITIONS MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN THE HAGUE. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR NEW ART EDITIONS PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

These Terms constitute the entire agreement between you and New Art Editions with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. You shall not assign these Terms to any other entity or person without the prior written consent of New Art Editions. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or New Art Editions of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to New Art Editions must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.

General

This Agreement sets forth the terms and conditions that govern the relationship between New Art Editions (“New Art Editions”) and you (“you” or “Seller”) with respect to process, terms and conditions under which you may offer or sell property such as art, artifacts, design objects and other similar items (collectively “Property”) on New Art Editions’s on New Art Editions’ website (newarteditions.com the “Site”). If you wish to access or use the Site to purchase any items of Property through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A SELLER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN (including, without limitation, the Property Policy and Listing Guidelines annexed hereto). We reserve the right to modify or amend these Terms (including, but not limited to, the fees set forth below) without notice. Changes are effective when posted and your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.

The New Art Editions Private Sales portion of the Site provides a venue and mechanism for you to offer for sale, items of Property posted by you on the Site; and for Buyers to purchase items of Property in Private Sales conducted by you. As such, New Art Editions is not a party to the actual transactions between buyers and sellers. Buyers are subject to the Master Buyer Agreement, but New Art Editions has no control over individual transactions, and does not guarantee in any manner that a Buyer will complete any transaction.

Use of the New Art Editions Private Sales portion of the Site and the Services is limited to Buyers and Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not offer to sell or sell, or bid on or offer to purchase items of Property through the Site. Every Buyer and Seller who uses the Services hereby represents and warrants to New Art Editions that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law.

Use of the Site

You may list Property for sale at Private Sales on the Site during the term of this Agreement, subject to the following terms and conditions:

• You will describe all Property offered by you truthfully and accurately. This includes text descriptions, images and pictures of each item of Property including, without limitation, its physical condition, age, authenticity, provenance, and any other relevant data. All known or suspected modification of the original Property, including damage or wear and tear to Property, must be photographed and such damage clearly disclosed on the Site. Additionally, the information in your listing must not be misleading, either through misstatement or omission.
• In consultation with New Art Editions personnel you are responsible for establishing the Sales Prices For Property offered on the Private Sales portion of the Site
• Once a Private Sales Property is live, Seller may not withdraw or make any changes to the offer of his Property. If you become aware during the sale – for example that there are misstatements in the Property description — you must notify New Art Editions promptly. New Art Editions reserves the right, in its sole discretion, to terminate any sale that has commenced and re-offer the item with a revised description. If you do not want to re-offer the item of Property, New Art Editions will be entitled to collect a Commission Fee (as defined below) as if the item of Property sold at the Sales Price.
• It is your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by you through the Site and to collect, report and remit the correct tax to the appropriate tax authority. New Art Editions is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction. You agree to indemnify and hold harmless New Art Editions for any claim or liability arising from your breach of this provision.
• You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and Property description in the listing, or refuse to accept payment for an item at the end of a successful sale. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
• You will adhere to New Art Editions’s Return Policy with respect to items of Property sold by you through the Site. You acknowledge that you have read the Return Policy and agree to cooperate with a Buyer who invokes the Return Policy, including refunding the purchase price to Buyer in the event the Property is materially different from the posted description. Notwithstanding the aforementioned Return Policy, you agree to rescind, during the maximum period permitted under applicable law, the sale of any Property sold by you on the Site and to refund the purchase price to the Buyer, if said Property is shown to be inauthentic.
• You will not to offer Buyers the opportunity through the Site to purchase any items of Property outside of the Site.
• The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to purchasing Property. The minimum regulatory venue is deemed to be The Netherlands and the State of Zuid Holland
• You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
• Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.
• You will immediately notify New Art Editions if you suspect that your information or listing data has been compromised.

Fees

There are no membership fees to use the New Art Editions Private Sales portion of the Site and its Services. New Art Editions will be entitled to receive, and you will be responsible to pay New Art Editions, a commission percentage fee of 12% (“Commission Fee”) payable on the Sales Price of all items of Property sold by you through the Site, excluding any tax, shipping or handling charges. New Art Editions reserves the right to change or amend  the “Commission Fee”, at any time and in its sole discretion.

You will pay all fees owed to New Art Editions upon receipt of any invoice therefor. New Art Editions reserves the right to deliver any invoice to you by: (i) emailing an invoice to you at the address you have provided; or (ii) mailing an invoice to the address provided by you. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the fees in any way.

Unless otherwise stated, all fees are listed and shall be paid in US Dollars or in EURO. You are responsible for all fees and taxes associated with posting to the Site and any sale of Property through the Site. New Art Editions reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to New Art Editions hereunder.

Seller’s Warranties

Seller warrants that (i) Seller has the right to offer the Property for sale through the Site; (ii) Seller has good and unencumbered title to any Property offered for sale by Seller through the Site (or acts as authorized agent for same) and good and unencumbered title and right to possession to the Property will pass to the Buyer of such Property at the time of sale; and (iii) if applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located and that any applicable tariffs and taxes have been properly paid. Seller further warrants the accuracy of the posted information on all items of Property listed by Seller, or by New Art Editions on Seller’s behalf, for purchase on the Site in accordance with the Property Policy and Listing Guidelines. New Art Editions reserves the right to terminate any sale of any item which it believes in its sole discretion is not authentic or where authenticity is substantially not as described in the listing. New Art Editions will have no liability to the Seller or other person or entity in any sale terminated by New Art Editions.

Shipping and Escrow

New Art Editions may from time to time contract with outside vendors for such services as crating, shipping and escrow payment (“Designated Vendors”). To the extent that New Art Editions determines, in its sole discretion, that the use of Designated Vendors’ services is mandatory in connection with any transaction entered into through the use of New Art Editions’s Site and Services, the applicable procedures and terms of use will be made available on the Site. Seller acknowledges and agrees that, in the event an item of Property is sold on the Site, Seller will use the Designated Vendors’ services to effect the transaction, and will comply with New Art Editions’s and Designated Vendors’ procedures and terms of use therefor.

Use of Content

You, the Seller, grant to New Art Editions and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, submitted by you to the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. It shall be Seller’s sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where such rights are held by third parties.

Monitoring, Investigation and Disclosure

New Art Editions has the right, but not the obligation, to monitor any activity and content associated with the Site. New Art Editions may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, all of which may be taken by New Art Editions without liability to you or any other person or entity. New Art Editions reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, New Art Editions may, in its sole discretion, remove any item of Property or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines. In the event of a removal or cancellation, New Art Editions will not have any liability to you, any seller or any other person or entity with respect to the offer of such item or the cancellation of the auction. New Art Editions also reserves the right to terminate this contract or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation.

As permitted by applicable law, New Art Editions reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect New Art Editions’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, New Art Editions’s business and systems or other purposes deemed reasonable by New Art Editions, New Art Editions may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Dispute Resolution

It is New Art Editions’ policy that Sellers carefully describe all items of Property offered for sale on the Site and you warrant that the information is truthful and accurate and contains no material misrepresentations or omissions. This includes text descriptions and images of each item of Property, including, without limitation, its physical condition, age, authenticity, provenance, and any other relevant data. New Art Editions’s policy requires you to photograph all known modification of the original Property, including damage or wear and tear to Property, and to clearly disclose such damage on the Site.

Because New Art Editions is not a party in the actual transaction between a seller and buyer conducted through the Site and is not the agent of either for any purpose, New Art Editions does not have the duty to attempt to resolve or resolve any disputes between participants related to or arising out of any such transaction. New Art Editions has no control over and does not guarantee the quality, safety or legality of an item offered for sale through the Site, the truth or accuracy of listings, the authority of sellers to sell items or pass title, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. No statement by any seller regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by New Art Editions.

Accordingly, Sellers and Buyers should resolve amongst themselves all disputes between them arising from the use of this Site. New Art Editions reserves the right, but has no obligation, to investigate either a Seller’s or a Buyer’s complaint with respect to any item of Property offered for sale through the Site. You agree to cooperate with any investigation that New Art Editions may conduct in response to a claim, and to provide New Art Editions with any documentation in your possession or control.

Indemnification

You agree to indemnify, defend and hold harmless New Art Editions, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services (including without limitation any claim related to any Property offered for sale or sold by you on the Site); (ii) any negligence, willful misconduct or any breach of this Agreement and any terms and/or policies incorporated by reference herein (including without limitation, breach of any warranty, covenant or obligation hereunder by you); (iii) your violation of any State, Federal, Foreign or International laws, codes or regulations; and (iv) your violation of any third party’s rights, including but not limited to, infringement of copyright, violation of any proprietary right or invasion of any privacy rights. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. New Art Editions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of New Art Editions.

Disclaimer of Warranties

New Art Editions does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. New Art Editions reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.

NEITHER NEW ART EDITIONS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Release

BECAUSE NEW ART EDITIONS IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE NEW ART EDITIONS (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Non-Eurapean Union Residents

New Art Editions makes no representation that any Property offered by you for sale on this Site or purchased by Seller on this Site may be legally exported from the country of location of the Property or imported into any other country, including that of Buyer. Buyer and Seller are responsible for obtaining and completing all necessary import and export forms, permissions, licenses in conformance with the law of the applicable location to effectuate the transactions contemplated by this Agreement.

General Provisions

These Terms shall be governed by and construed in accordance with the laws of the State of Zuid Holland, Netherlands, without regard to conflicts of laws provisions. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF DUTCH ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE HAGUE, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR NEW ART EDITIONS MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN THE HAGUE. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR NEW ART EDITIONS PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

These Terms constitute the entire agreement between you and New Art Editions with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. You shall not assign these Terms to any other entity or person without the prior written consent of New Art Editions. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or New Art Editions of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to New Art Editions must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.

Property policy and listing guidelines

1. Restricted Property

A Seller shall not offer for sale any Property on the Site if the offering or sale of such Property violates applicable laws or regulations or may subject the Seller or New Art Editions to potential liability. Without limiting the foregoing, a Seller may not post the following types of property for sale on the Site:

• Property containing ivory, tortoiseshell, or any other product of a plant or animal species that is protected as endangered or threatened under applicable national or local law
• Wine, beer, liquor, distilled spirits or any product containing alcohol
• Products containing tobacco or tobacco derivatives
• Any firearms or explosives
• Any artifacts or materials connected with or related to the “Nazi” regime that in New Art Editions’s sole discretion lacks appropriate artistic merit, offensive material, “hate” literature or other material, or any other property that New Art Editions deems, in its sole discretion, to be inappropriate or offensive
• Any perishable products
• Livestock or other living creatures
• Any item containing human remains including but not limited to blood, hair, bone or tissue
• Slot machines and gaming equipment
• Pornographic material, including MPA-rated X, home porn, and hard-core material
• Stolen property
• Any property that a Seller is prohibited from selling under applicable “foreign asset control” or “economic sanction” restrictions and regulations promulgated from time to time, or if under a court’s control or under a court’s order prohibiting sale
• Property whose sale or offering for sale would infringe any proprietary rights (including without limitation copyright, patent, trademark or other intellectual property rights), or privacy or publicity rights of any third party
• Property whose sale or offering for sale is prohibited under applicable laws, rules or regulations
• Defamatory or libelous material

Notwithstanding the items set forth above, New Art Editions reserves the right, in its sole discretion, to restrict or prohibit any item of Property from being offered for sale through the Site.

2. Code of Conduct

New Art Editions is committed to maintaining high standards of business, legal and ethical practices. Given the complex international legal and ethical environment in which international art and other markets operate, each Seller is required to fully endorse and agree to the following policy statements regarding Property to be offered for sale on the Site.

• No item of Property will be sold or offered for sale, if a Seller knows or has reason to believe that such item of Property was illegally exported or imported.
• Seller agrees to comply with the laws of the countries in which the Seller is doing business, including applicable export or import laws.
• Seller endorses the regular review by the Art Loss Register of the Site.

3. Listing Guidelines

Each Seller is required to fully endorse and agree to the following listing guidelines regarding Property to be offered for sale on the Site

• Seller agrees to deliver the item of Property purchased from it unless the buyer of such item of Property fails to make payment.
• Seller agrees to fully disclose all shipping information to the buyer and to not misrepresent where the item of Property will be shipped from.
• Seller agrees to arrange for the work to be available for pickup, including, but not limited to, paying all release fees for the seller’s chosen storage facility.
• Seller shall be responsible for the collection and remittance of all applicable sales taxes.
• Seller agrees not to increase the rate to the buyer to pay for methods of payments used in the ordinary course of business.
• Seller endorses the regular review by the Art Loss Register of the Site.

VIOLATION OF ANY OF THE FOREGOING POLICIES AND GUIDELINES SET FORTH ABOVE MAY RESULT IN THE IMMEDIATE TERMINATION OF ANY AUCTION BEING CONDUCTED BY A SELLER ON A SITE, BY THE REMOVAL OF THE PROPERTY FROM THE SITE AND/ OR THE IMMEDIATE TERMINATION OF THE SELLER’S MASTER SELLER AGREEMENT.

A Buyer may return an item purchased through New Art Editions Private Sales, if the item received is substantially different from its listing, or is found to be inauthentic. In order to receive a refund, the Buyer must notify the Seller of his intention to return the item as “not as described” within seven (7) days of receipt. Additionally, the Buyer must notify the Seller within thirty (30) days if the item has been found inauthentic. Right of return applies only to the original purchaser, and is non-transferable. Damages or lost during transport are not covered by this return policy. The Buyer is responsible for the item during the transport.

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