TERMS AND CONDITIONS
Last updated: 17 October 2020
Thank you for using Bleur! Please read these Terms carefully before using the Platform and services offered by Bleur. By accessing and using our Platform, you agree to comply with and be bound by these Terms and Conditions.
1.1 Capitalised terms used herein shall have the following meanings:
“Artist” means any person entering into a legally binding agreement to sell Artworks through the Platform.
“Artwork” means any stock sold by Artists through the Platform.
“Bleur” (“we”, “us”, “our”) means Bleur Limited, a private limited liability company incorporated and registered in England and Wales with company number 11697926, whose registered office is at Kemp House, 152- 160 City Road, London, United Kingdom, EC1V 2NX.
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Bleur Studios” means the space where Users who have purchased Artworks come and collect the Artworks or where prospective Users come meet the artists or participate in events.
“Bleur events” means any event organised by Bleur including exhibitions or workshops. The event lasts from the time the doors open until the event end time.
“Platform” means the website at www.bleurart.com and any other Platform or application published by Bleur from time to time on and through which the Artist is invited to advertise and sell Artwork.
“Services” means all the Services provided by Bleur through the Platform.
“Listing” means any specification for the Artwork that is set out on the Platform and/or that is agreed in writing between the User and the Artist.
“Terms” shall mean these Terms as amended from time to time.
“User” shall mean any person entering into a transaction to purchase Artwork using Bleur’s Services.
1.2 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.4 A reference to writing or written includes emails.
2. ACCEPTANCE OF TERMS OF AGREEMENT
2.1 These Terms constitute a legally binding agreement between the User and Bleur and shall govern the User’s access to and use of the Platform to order Artworks and all other Services provided by Bleur via the Platform.
2.2 We may revise these Terms from time to time. You should ensure that you review these Terms frequently. Notices of any Material Changes to our Terms will be provided to you by email with sufficient notice prior to the date on which the changes become effective. Your continued access to and/or use of the Platform after changes have come into force constitutes acceptance of the revised Terms. “Material Change” as used in this clause shall mean any change made to the Terms that we determine in our sole and absolute discretion (acting reasonably) to be substantial as to effect or impact on Users using our Platform.
2.3 If you are acting on behalf of a business, you warrant that you have authority to bind that business to these Terms and to enter into a legally binding agreement on the business’ behalf between the business you represent and Bleur.
3. SCOPE OF SERVICES
3.1 Bleur is an online art gallery that connects Users with emerging Artists and allows Artists to sell, and Users to buy, Artworks.
3.2 Bleur is not a dealer and does not own, sell, control or manage any Artworks. Whilst Bleur makes every effort to ensure that each Listing on the Platform is correct, Bleur is not liable for any errors in any Listing or defect in any Artwork. Artists alone are responsible for the accuracy of any Listing and for ensuring that any Artwork meets the specification as set out in its Listing. The User acknowledges and agrees that Bleur has no control over the quality, safety, legality or accuracy of any Listing.
3.3 Artists are not employees of Bleur and do not act on Bleur’s behalf. Artists are independent, third party contractors to Bleur.
3.4 By placing (or procuring the placement of) a Listing on the Platform, the Artist makes an offer to sell the Artwork. By clicking the button to buy the Artwork, the User accepts the offer and creates a binding agreement (the “Contract”) to buy the Artwork from the Artist on the terms set out in these Terms.
3.5 Bleur is not a party to any contractual relationship or transaction between a User and an Artist.
4. ACCESS TO PLATFORM AND SERVICES
4.1 Bleur may restrict access to the Platform or certain areas or features from times to times when deemed necessary or for maintenance purposes which may temporarily affect the availability and accessibility of the Services.
4.2 Bleur reserves the right to withdraw or amend the Services provided through the Platform without notice. Bleur will not be liable to any User for any losses, damages or costs arising from any suspension or unavailability of the Services and/or the Platform at any time or for any period.
4.3 You understand and agree that a breach of any of the Terms may result in an immediate suspension and/or termination in your use of our Services. Bleur may also make the access and use of the Platform dependent on meeting certain conditions or requirements.
4.4 Bleur relies on third party service providers to make the Platform available to Users. Bleur shall not be held liable for any losses or costs incurred from delays or failures of the Platform as a result of any defect in performance by its service providers.
5.1 Bleur does not assume any responsibility for the confirmation of any User’s identity but may in its sole and absolute discretion undertake additional checks on a User from time to time, as permitted by applicable laws, to verify the identities of the User.
5.2 To access and use the Platform, a User must be at least 18 years old and able to enter into legally binding contracts under applicable law. By accessing the Platform, registering an account (“Account”) and making an order through the Platform, you represent and warrant that you are 18 years of age or older and can legally enter into an agreement constituted by these Terms.
5.3 You are responsible for complying with all applicable local rules and regulations including, without limitation, rules about the Internet, data, email and privacy.
6. ACCOUNT REGISTRATION
6.1 You must register an Account to access, buy and sell Artworks through the Platform. This is not a credit account and payment will be required if a purchase is made. By registering an Account, you confirm that you have authority to be legally bound to the agreement constituted by these Terms and will comply with these Terms including by granting Bleur all permissions contemplated by these Terms.
6.2 You agree that all the information provided by you is true, accurate, current and complete and you undertake be kept such information up-to-date at all times.
6.3 You undertake to treat any information provided to you or chosen by you as part of our security procedures including passwords or other account details as confidential and undertake not to disclose it to any third party. You acknowledge and agree that you are responsible for maintaining the confidentiality and security of your account.
6.4 You are liable for all activities that occur or are authorised using your password and/or Account details. If you suspect unauthorised use of your Account or if your credentials have been lost or stolen, it is your responsibility to notify Bleur immediately.
6.5 We may suspend or cancel your Account or require you to change your password if we have any reason to believe that there has been a breach of security or misuse of the Platform.
7.1 Bleur uses third party payment providers to process all payments made via the Platform.
7.2 Our payment provider is Stripe Payments Europe Limited, C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, Ireland. Stripe are audited by a PCI-certified auditor and are certified to PCI Service Provider Level 1.
7.3 By signing up to the Platform, you agree to be bound by the Terms and Conditions of Stripe Payments Europe Limited (“Stripe”) which can be found at www.stripe.com/legal/uk.
7.4 Bleur uses third party credit providers to offer Users the possibility to settle the purchase in three instalments. Our credit provider is Klarna UK Limited, 7th Floor, 33 Cavendish Square, London, W1G 0PW, United Kingdom.
7.5 By signing up to the Platform, you agree to be bound by the Terms and Conditions of Klarna Bank AB (“Klarna”) which can be found on here: https://www.klarna.com/uk/smoooth/.
7.6 In order to process your payment, you will be asked to provide customary billing information such as name, billing address and financial instrument information. It is your responsibility to provide accurate, current and complete information when adding a payment method (“Payment Method”). Bleur does not receive any credit or debit information. This information is held by Stripe.
7.7 You may edit your billing information and Payment Method by logging onto our Platform and editing your billing information in your account settings. If a transaction is not successfully settled due to expiration, insufficient funds or any other reasons, you are responsible for any uncollected amounts and authorise us to collect the unsettled amount using any other Payment Methods you have provided including in the event you create a new Account. Bleur reserves the right to terminate your Account if you do not settle any unpaid amounts.
7.8 Upon authorisation of a transaction, the full amount of the transaction will automatically be debited from the User’s account. Users may also be offered the ability to make payment in installments at Bleur’s sole and absolute discretion. Bleur reserves the right to offer or withdraw any Payment Method at any time.
7.9 In the event a User who has purchased an Artwork does not collect the Artwork or request delivery and/or the User refuses the Artwork upon collection for reasons other than the Artwork being damaged, the amount paid for the Artwork may be refunded at Bleur’s sole and absolute discretion net of any costs incurred to process the Contract.
7.10 Bleur will not be responsible for any transaction not made through the Platform.
7.11 All prices quoted for Artworks are inclusive of VAT (if any).
8. PURCHASING ARTWORKS AND COLLECTION AT BLEUR STUDIOS
8.1 By purchasing any Artwork via the Platform, a User enters into a legal agreement between the User and the Artist based on these Terms (the “Contract”). Certain elements of fulfilment of the Contract may be carried out by Bleur under the instruction and at the direction of the Artist.
8.2 Every effort is made to ensure that photographs of each Artwork and information provided in its Listing on the Platform are as accurate as possible. However, please note that all sizes, weights, textures, dimensions and measurements are for information purposes only.
8.3 Although Bleur makes every effort to facilitate the fulfillment of each Contract, all Contracts are entered between a User and the Artist. Artists retain the sole ownership of the Artwork until it has been physically transferred to the User.
8.4 Once an order for an Artwork is placed, the User will receive a confirmation email to signify the acceptance of the order by the Artist and the creation of the Contract between the two parties. The order cannot be withdrawn and/or cancelled by the User once the Contract has come into effect. If the Artist fails to update the Listing inventory on the Platform, which results in the Artist being unable to fulfill the order, the Contract will be terminated and the User will be refunded. Bleur shall bear no liability for any inconvenience, losses or costs incurred by the User.
8.5 Users may select to collect their purchase at Bleur Studios on specific dates as identified on the Platform. Users will receive a notification with a choice of dates to collect their purchase from the Bleur Studios.
8.6 Bleur cannot be held responsible for any incidents or damages to the Artworks occurring on the premises of the Bleur Studios, while in transit or during transfer of ownership between the User and the Artist.
8.7 Travel costs to and from Bleur Studios are at the Artists’ and Users’ charge and Bleur does not contribute to the costs.
9. HOME DELIVERY
9.1 Bleur uses third party shipping handlers to process all deliveries made via the Platform.
9.2 By signing up to the Platform, you agree to be bound by the Terms and Conditions of third party shipping handlers provided through the Platform.
9.3 The delivery will be made to the address provided by the User at checkout. The User is responsible for ensuring that delivery details are accurate and complete. Incorrect details may delay delivery and Bleur will not be held responsible for any delays.
9.4 The User is responsible for making suitable arrangements to receive their delivery and giving the shipping providers appropriate instructions. In the event that a delivery is stolen or damaged as a result of incorrect instructions provided by the User to the shipping providers, Bleur accepts no liability whatsoever. Any compensation offered will be at Bleur’s sole and absolute discretion.
9.5 If the delivery option is selected at checkout, the total selling price of the Artwork will include delivery charges for deliveries in the EU. For deliveries outside the EU, a Price on Application option will be added at checkout. The User will be invoiced separately once a quote has been obtained from third party providers. Once delivery fees have been settled, the User will receive an email when their Artwork has been dispatched.
9.6 Delivery costs are calculated by our contracted third party shipping handlers and may vary based on different factors including the value of the Artwork, the User’s address, date and time of delivery. The delivery charge will be shown to the User as a separate charge on the confirmation page before the User confirms their order.
9.7 In some cases and within an identified radius, Bleur may deliver the Artworks in-house. The same conditions apply in these instances.
9.8 Although Bleur may facilitate the fulfillment of the delivery of the Artwork purchased through the Platform, Bleur is not a party to any contractual relationship or transactions between third party delivery handlers, Artists and Users. Artists remain responsible for the Artwork until the item is delivered to the User. Bleur will not accept liability for any inconvenience or loss caused by any delays or damages during transit.
10. CANCELLATIONS, RETURNS AND REFUNDS
10.1 Users have the right to return an Artwork at any time until the expiry of the 30th calendar day after the date the Artwork is received on condition that the Artwork is undamaged and was not created specifically for (“tailored for”) the User.
10.2 To exercise their right to cancel, Users must inform Bleur by email of their desire to return the Artwork and return the Artwork at any time within the period stated in clause 10.1. A return confirmation email will be sent with the Artist’s address where the Artwork should be returned. Bleur cannot accept returns in its office location on behalf of the Artist.
10.3 A full refund will only be processed if the Artwork is returned to the Artist in its original condition and packaging. Returns will be arranged by us free of charge and a refund will be processed without undue delay and no later than 14 days after receipt of the returned Artwork by the Artist.
10.4 We will make the reimbursement using the same means of payment as you used for the initial payment unless expressly agreed otherwise. Delivery charges for home delivery contracted to third party shipping providers will not be refunded.
11. DAMAGE TO THE ARTWORK
11.1 Although Artists will make every effort to ensure the delivery of Artworks in their original condition, damages and unforeseen incidents may occur at any time during the transfer from the Artist to the User.
11.2 Users are responsible for inspecting the Artwork as soon as possible after delivery and immediately notify us in the event of damages made to the Artwork while in transit. We will assess your claim and if your claim is deemed genuine, we will process a full refund including shipping costs to return the Artwork to the Artist. The Artwork must be returned to the Artist in its original packaging and you must take reasonable care to ensure that the Artwork is not damaged whilst in your possession or in transit from you. Bleur does not accept responsibility for Artworks that are not delivered back to the Artist or damaged in transit to the Artist.
11.3 In the event that a claim is made, Artists and Users agree to cooperate and assist Bleur in all matters required to assess the claim and resolve any dispute that may arise from the claim.
11.4 Bleur cannot be held responsible for any damages to the Artworks.
11.5 Users and Artists may also agree on an alternative solution to a full refund including commissioned Artworks or exchanges against another Artwork from the same Artist at the Artist’s sole discretion and upon the User’s agreement. Bleur may facilitate the discussion between Artist and User but will have no further involvement in the process other than stated by the Terms.
11.6 Neither Bleur nor the Artist are responsible for damages made after the transfer of ownership to the User.
12.1 Bleur strongly advises Artists to take out appropriate insurance policy from third party insurance providers such as Public and Product Liability insurance (PPL) and Professional Indemnity insurance (PI) to cover for any claims of third party injury during the course of their visual arts practice and claims of negligent breach of professional duty. This includes, but not limited to, during any Bleur events.
12.2 Artists are also advised to take out an Artist insurance policy to cover Artworks including when the Artwork is temporarily stored at Bleur Studios, in transit or exhibiting.
12.3 Bleur cannot be held responsible nor liable for the insurance of the Artwork at any point of the transaction or after the transaction is completed including during transit and display at a Bleur event or at Bleur Studios.
13. PROPRIETARY CONTENT
13.1 Each User and Artist acknowledges and agrees that Bleur is the owner or the licensee of all intellectual property rights on the Platform and material published on it including marketing material content (“Bleur Content”) and all associated content. All Bleur Content is the exclusive property of Bleur and is protected by all rights under patent, copyright, trade secret or trademark law and all other proprietary rights around the world. All such rights are reserved.
13.2 Bleur Content include logos, trade names, trademarks, texts, photos, audio, video or other Artist material or information. Listing information regarding descriptive details of the Artworks is excluded from Bleur Content and the sole responsibility of the Artist.
13.3 Each User and Artist is solely responsible for their submissions on the Platform and any consequences of posting, sharing, displaying or publishing them. Making submissions available is at the sole discretion of Bleur. These include but are not limited to Users’ reviews and comments, Artists’ listings and other posts. Each User and Artist acknowledges and agrees that Bleur cannot be held liable in respect of such submissions.
14. COPYRIGHT AND IMAGE RIGHTS
14.1 Unless otherwise agreed by the User and Artist:
14.1.1 no copyright in the Artwork shall pass to the User;
14.1.2 the User undertakes that it shall not copy, reproduce, license or sell any visual representation of the Artwork; and
14.1.3 the Artist remains the sole author of the Artwork and asserts its moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the sole author of the Artwork.
14.2 Bleur will not be liable to and each of the User and the Artist agrees to indemnify Bleur against any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential, loss of profit, loss of reputation and all interest, penalties, legal costs and all other reasonable professional costs and expenses) arising from any dispute in connection with copyright infringement.
15. CONTENT RESTRICTIONS
15.1 Users agree that they will not post, publish or display any submission that is fraudulent, false, misleading, illegal, discriminatory, racist or pornographic.
15.2 Users will not use, copy, adapt, modify, prepare derivative works of, decompile, reverse-engineer, disassemble, distribute, license, sell, transfer or otherwise exploit Bleur Content and Platform. No licenses or rights are granted to you by implication unless expressly stated by us separately or under the Terms.
15.3 Artists are responsible for ensuring that they are accurately represented by Bleur Content. Artists acknowledge and agree that Bleur shall have the right to use any Bleur Content for advertising, marketing and any other business purposes without further notice or compensation to them. Bleur does not claim to have any ownership rights over the Artworks and therefore may not be considered to violate these rights.
15.4 Bleur reserves the right to remove any Bleur Content or User submissions at any time.
16. THIRD PARTY LINKS
16.1 Bleur is not responsible or liable for the availability or accuracy of any links to third party services including shipping service providers which may be subject to different terms and conditions and privacy practices. Bleur has no control over the nature, content and availability of these services and the inclusion of any links does not necessarily imply a recommendation.
17. LIMITATION OF LIABILITY, DISCLAIMER & WAIVER
17.1 YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOUR USE OF OUR SERVICES, OUR PLATFORM, ANY PURCHASES MADE ON THE PLATFORM AND PARTICIPATION TO ANY EVENTS ORGANISED BY US (INCLUDING COLLECTION FROM BLEUR STUDIOS) IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE MAXIMUM TOTAL LIABILITY TO YOU IN CONNECTION WITH BLEUR’S SERVICES FOR ALL DAMAGES, LOSSES OR IN ANY OTHER CIRCUMSTANCES SHALL NOT EXCEED £1,000.
17.2 BLEUR DOES NOT ASSUME ANY LIABILITY TO YOU OR ANY THIRD PARTY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO OUR SERVICES AND PLATFORM OR ANY ASSOCIATED SERVICES EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BLEUR SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, FOR ANY LOSSES INCLUDING LOSS OF PROFITS, DAMAGES, INJURY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR CONTROL. BLEUR MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF THE SERVICES AND THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
17.3 UNLESS EXPRESSLY STATED IN THESE TERMS, YOU AGREE THAT BLEUR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PURCHASES, LOGISTICS OR DELIVERY PROVIDED TO YOU BY THIRD PARTY PROVIDERS NOR THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THOSE THIRD PARTY SERVICES.
17.4 FOR THE AVOIDANCE OF DOUBT, THE ACCURACY OF ANY DESCRIPTIVE DETAILS OF ANY ARTWORK SET OUT ON THE PLATFORM OF IN ANY OTHER MATERIALS IS THE SOLE RESPONSIBILITY OF THE ARTIST. BLEUR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OR ASSUME ANY LIABILITY WHATSOEVER IN RESPECT OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE. EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE OF ANY ARTWORK AND NO INFORMATION PROVIDED ON THE WEBSITE OR ELSEWHERE SHALL CONSTITUTE ANY SUCH WARRANTY OR ASSUMPTION OF LIABILITY. BLEUR HAS NO CONTROL OVER THE SAFETY OR LEGALITY OF ANY ARTWORK LISTED ON THE PLATFORM.
17.5 YOU AGREE TO INDEMNIFY AND HOLD BLEUR AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES AND EXPENSES ARISING OUT OR IN CONNECTION WITH THE USE OF OUR SERVICES AND PLATFORM.
17.6 FAILURE FROM US TO ENFORCE ANY RIGHTS OR PROVISIONS TO WHICH WE ARE ENTITLED TO UNDER THE TERMS DOES NOT CONSTITUTE A WAIVER OF SUCH RIGHTS AND YOU SHALL NOT ASSUME TO BE RELIEVED FROM COMPLIANCE WITH SUCH OBLIGATIONS. NO WAIVER BY US OF ANY OF THE TERMS UNLESS EXPRESSELY STATED AND AGREED IN WRITING SHALL BE EFFECTIVE.
18. APPLICABLE LAW
18.1 These Terms, your use of the Platform and any other non-contractual obligations, dispute or claims arising out or in connection with these Terms shall be governed by and subject to the laws of England and Wales.
18.2 Any dispute or claim in relation to or arising from these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
18.3 Bleur will act as an intermediary in order to facilitate the resolution of disputes but does not guarantee the performance or conduct of any User, Artist or third party whether online or in person.
19.1 You may terminate this Agreement at any time by notifying Bleur. Any pending orders you may have will be automatically cancelled and you may apply for a refund. Any refund claim will be assessed on a case-by-case basis according to our cancellation policy.
19.2 Provided that sufficient notice has been given, Bleur may terminate this Agreement at any time.
19.3 If you have breached any obligations under these Terms, Bleur reserves the right to terminate this Agreement without further notice. In case of a breach of this Agreement, you may not be entitled to a refund on any pending orders.
If any of the Terms shall be determined by any competent authority to be void, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms and will not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.
21. COMMENTS & FEEDBACK
21.1 We love to hear from you and your experience of using our Services. If you would like to get in touch, email us at firstname.lastname@example.org. By sending us your feedback or any submissions on the Platform, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable license to use and publish such content without compensation to you.