Artlogic Pay Terms and Conditions for Buyers

Welcome to Artlogic Pay terms and conditions for Buyers ("Payments Terms"). Artlogic allows Buyers to use various forms of payment in connection with the purchase of goods and services from galleries. Buyers using Artlogic Pay can pay by credit card, debit card or bank transfer, depending upon which method is accepted by the applicable Merchant.  These Payments Terms set out your rights and responsibilities when you use Artlogic Pay as a Buyer.

Artlogic reserves the right to add or remove payment methods it accepts in its sole discretion, with notice where required by applicable law.

Artlogic Pay is only available to users who are at least 18 years old. Artlogic reserves the right to terminate a user's access to Artlogic Pay if the user uses Artlogic Pay in a way that does not comply with applicable law.  Artlogic Pay may not be available in all jurisdictions.

As used in these terms:

"Buyer" means an individual or entity customer of a Merchant that is using an enabled payment type to pay for goods or services purchased from a Merchant.  
"Merchant" means the independent gallery or other entity using Artlogic Pay to accept payments.
"Terms of Service" means all the collective terms and conditions that any Buyer that uses Artlogic Pay must agree to, and abide by, including, but not limited to, those contained in these Payments Terms and the privacy policy.
"You" or "Your" in these Payment Terms refer to a Buyer using Artlogic Pay.

Third-Party Services

Certain Merchants may allow or require Buyers to pay for items with a credit card, debit card, or through a bank transfer, all of which use the online payment services powered by third parties, currently Stripe (each, a "Payment Service"). Artlogic reserves the right to change the Payment Service provider at any time. You expressly acknowledge and agree that, if you elect to use the Payment Service, neither Artlogic nor any Payment Service shall have any liability for, and is not a party to, any contract between you and any Merchant.  No Buyer may use the Payment Service to engage in activities prohibited by the applicable Payment Service or otherwise to violate applicable law. Either Artlogic or the applicable Payment Service may decline, in their sole and absolute discretion, to process transactions that are too large in monetary amount, too long in duration, or exceed other risk parameters. In addition, the Payment Service may decline to provide its payment services to any Buyer, or may limit transaction size, or may decline to process a transaction, based on the Payment Services' then-current compliance and risk management programs or any other reason. You are solely responsible for your use of the Payment Service, and will indemnify, hold harmless, and defend Artlogic, each Payment Service, and their respective affiliates and each of their respective directors, officers, members, managers, shareholders, employees, and agents from, and against, any claims, suits, actions, damages, demands, obligations, proceedings, investigations, liabilities, and/or other losses of any kind (including reasonable legal fees and costs) arising from a third party claim based on, arising from, or relating to, your use of the Payment Service. In short, this means that you agree to cover any losses that may be suffered by Artlogic a Payment Service or their associated entities and personnel, which arise in connection with your use of the Payment Service. If Artlogic receives notice that you have not complied with a Payment Service's terms and conditions agreement, Artlogic may in its sole discretion take action against your account to address or limit the impact of the relevant issue. Such actions may include canceling a transaction, suspending or terminating your buying privileges, or removing certain payment methods. 

Bank Account Payments/ Transfer Terms

Overview

A Merchant may elect to permit Buyers to send payments to Merchant through various bank transfer methods that have been enabled through the Payment Service, including Visa, Mastercard, American Express, ACH and BACS direct debit.  By choosing to use a bank account as the payment method, a Buyer will be able to pay the amounts due to a Merchant by using any valid bank account that participates in the applicable payment network applicable to the particular Merchant. Whenever a Buyer chooses to pay by bank transfer, the Buyer is authorizing the Payment Service (or its agent) to debit Buyer's bank account for the total amount due. Your bank account must be capable of handling transactions in the currency required by the Merchant.  All questions relating to any transactions made using your bank account should be directed to your bank.

Bank Transfers

By choosing your bank account as your payment method, you agree that: (a) you have read, understand, and agree to these Payment Terms, and that these Payment Terms constitute a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Payment Terms, (c) you authorize any Payment Service (or its agent) to make any inquiries they consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize any Payment Service (or its agent) to initiate one or more  bank transfer transaction entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments.  Payments will be deducted from your bank account promptly following your instruction to make the payment.

Transaction Errors

If you believe that any payment transaction initiated by the Payment Service (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact your bank or credit card issuer as soon as possible. Notify your bank or credit card issuer immediately if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission. We and the Payment Service reserve the right, in our sole and absolute discretion, to cancel the ability to pay by bank account for any reason at any time.

Your Liability for Unauthorized Transactions. As a general rule, you should report any fraudulent, erroneous, or unauthorized transactions to your bank as soon as you become aware of the same, and for those Buyers based in the USA, within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.

Payment Authorizations and Revocation

You authorize the Payment Service to store your designated bank account information and other related information. You authorize the Payment Service to debit all applicable charges from your designated bank account immediately following your instruction to make the payment. You also authorize the Payment Service to initiate credit entries or adjustments for any debit entries in error. The foregoing authorization shall not affect your obligation to pay all sums owing to a Merchant. If the Payment Service fails to, is unable to, or refrains from debiting your bank account for any reason, your payment to the Merchant may be late or past due pursuant to the Merchant's terms and conditions of sale. You acknowledge and agree that it is your sole responsibility to ensure that your bank account information is current and valid. You shall follow the relevant rules applicable to your bank's transactions. If the Payment Service is unable to debit the entire amount due, you acknowledge and agree that the Payment Service may pursue all available remedies at law and in equity to obtain such payments. Because these are electronic transactions, these funds may be withdrawn from your designated bank account immediately. In the case of a transaction that is rejected for insufficient funds, you understand and agree that the Payment Service may, in its sole and absolute discretion, attempt again to process the debit in the amount due within 30 days of the date such transaction is rejected due to insufficient funds, as permitted by applicable law. You certify that you are an authorized user of the designated bank account and will not dispute these scheduled transactions with the bank, so long as the transactions correspond to the amount you owe. You must notify the Merchant promptly, in writing, if you dispute any portion of any fees paid or payable by you under these Payment Terms or any other agreement(s) to which we are parties.

Credit Card and Debit Card Payment Processing

Overview. Merchants may elect to process payments that are due from Buyers by debiting credit cards or debit cards presented by Buyers at the time that payment is due. If a charge or debit is not made by the Payment Service for whatever reason, the payment to the Merchant may be late or past due pursuant to the respective Merchant's terms and conditions of sale. You also acknowledge and agree that it is your sole responsibility to ensure that your credit card or debit card information, if applicable, is current and valid. You agree that the Payment Service may use the services of a third party to automatically update your credit card expiration date. Additionally, you understand that if we or the Payment Service are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. If we are unable to charge your credit or debit card for the full amount due and owing, or if we incur a chargeback for any sum we previously charged to your credit or debit card, you acknowledge and agree that Artlogic may pursue all available remedies at law and in equity to obtain such payments.

Taxes

Buyers and Merchants shall be solely responsible and liable for collecting and remitting any sales, use, value-added tax (VAT), ad valorem, import, excise, or other tax which may be imposed by any taxing authority in any local, state, federal, provincial, or other jurisdiction, in connection with a Merchant's sale, or a Buyer's purchase of goods through Artlogic Pay. Because sales tax rules vary by jurisdiction, you acknowledge that you will contact your local tax authority to learn about or obtain appropriate advice regarding specific tax obligations in the jurisdictions in which you operate. You agree that Artlogic shall have no liability or obligation to Merchants, Buyers, or any taxing authority for any tax for which a Merchant or a Buyer is required to collect and remit in connection with a Merchant's sale or a Buyer's purchase. You are solely responsible for your own tax. You agree to defend, indemnify, and hold harmless Artlogic, its shareholders, members, partners, officers, directors, employees, agents, parent company, subsidiaries, affiliates, joint venturers, successors and assigns, from and against any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney's fees), arising out of, relating to, or resulting from: (a) your failure to abide by your obligations to collect and remit any sales, use or other tax; and (b) the accuracy, sufficiency, or completeness of the information provided by you to Artlogic for the purpose of calculating and collecting any sales or use tax that may be due. This means that you will cover any losses Artlogic and associated businesses and personnel may suffer relating to your tax affairs. If Artlogic, but not the Merchant or a Buyer, is required by applicable law to remit sales tax to the relevant taxing authorities, Artlogic will calculate, collect, and remit such sales taxes to the relevant taxing authorities.

Fees

The Merchant will pay a fee for the use of Artlogic Pay, which will be deducted by the Payment Service provider before any proceeds of sale are remitted to the Merchant. The Merchant may elect to pass this fee to you, and please refer to the terms of your contract with your Merchant for further details.

Artlogic's Rights and Responsibilities

The functionality of Artlogic Pay may be made available, modified, or discontinued by Artlogic at any time without notice. As a security measure, we may impose transaction limits on Buyers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a Buyer if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us. Artlogic may refuse service of Artlogic Pay to anyone, for any reason, at any time. Artlogic reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of these Payment Terms. Artlogic's privacy policy further explains how Artlogic handles user information.

Buyer's Rights and Responsibilities

Use of Artlogic Pay

If a Buyer wants to make a payment to a Merchant using Artlogic Pay, you must provide all required information and complete all required steps for compliance purposes. Without this information, you may not be able to pay for your transaction on the Merchant's website.  Artlogic reserves the right to verify your information in order to safeguard the integrity of Artlogic Pay and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Disputes

Buyer shall resolve any disputes directly with the Merchant, as it is the Merchant who has sole responsibility for the sale and purchase of the goods it is selling: Artlogic Pay is simply facilitating the payment process.  As a result, Artlogic is not involved in the chargeback process, and does not provide any warranty regarding the authenticity or quality of any goods or services purchased from the Merchant.

International Trade Laws

You agree that your use of Artlogic Pay will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations, or, to the extent you are subject to the federal laws of the United States, orders administered by the US Department of Treasury's Office of Foreign Assets Control ("OFAC"), the UK's HM Treasury or any other government agencies with jurisdiction over you.

Information on Cardholder Charges

Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make through Artlogic Pay. These fees are not charged by Artlogic or Merchant and are at the discretion of your bank. Please contact your bank for further details.

Governing Law and Limitation of Liability

These Payments Terms shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, although you can choose to take action in your local courts if mandatory local law allows you to.


WE ARE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE, BUT ONLY UP TO A TOTAL VALUE OF ONE HUNDRED POUNDS STERLING. THIS IS BECAUSE YOUR CONTRACT WITH THE PAYMENT SERVICE RELATES TO LOSS OR DAMAGE YOU MAY INCUR IN YOUR USE OF THE PAYMENT SERVICE.


LOSS OR DAMAGE IS FORESEEABLE IF THEY WERE AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPTED ACCESSED OR USED THIS WEBSITE AND ACCEPTED THESE TERMS IN DOING SO. WE DO NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE WHICH WAS NOT FORESEEABLE.

Agreement, Amendments and Future Terms

USING THE ARTLOGIC PAY SERVICES AS DESCRIBED HEREIN CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.


Artlogic may amend, supplement, or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page. IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING ARTLOGIC PAY. YOUR CONTINUED USE OF ARTLOGIC PAY FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.