Terms of Service

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Ghana. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Thank you for visiting Art Not Cancelled (the "Site") owned and operated by Intrigued by Service Limited. (“Art Not Cancelled,” ‘‘ANC’’, “we” or “our”) provides a service for viewing, selling and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.artnotcancelled.com (the “Site”) together with any services, software, tools, features or functionality made available by Art Not Cancelled (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.artnotcancelled.com/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Art Not Cancelled.

If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
By accessing this website we assume you accept these terms and conditions. Do not continue to use www.artnotcancelled.com if you do not agree to take all of the terms and conditions stated on this page.

Modifications to these Terms

Art Not Cancelled reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Purchases of Original Works of Art

As a Member, you may purchase Original Works of Art that are listed on Our Site. When you purchase such an Original Work of Art through the Services, you are purchasing from Art Not Cancelled. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Art Not Cancelled and/or its third-party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Art Not Cancelled’s Return Policy apply to Original Works of Art that you purchase through the Site. When you purchase Original Works of Art via Online Sales/Special Offers (other than via the Artworks) such purchases will be subject to the terms and conditions of the applicable Online Sales/Special Offers which will be presented to you at the time of purchase.

Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed on Our Site. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Art Not Cancelled and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of Art Not Cancelled’s Return Policy apply to Printed Works that you purchase through the Site. When you purchase Printed Works via Online Sales/Special Offers and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales/Special Offers and Offline Sales, which will be presented to you at the time of purchase.

Order Cancellations

Art Not Cancelled reserves the right to cancel any order for an Original Work of Art or Printed Work placed via Site if Art Not Cancelled determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site. If Art Not Cancelled cancels an order placed via the Site, Art Not Cancelled will send you an email confirmation of such cancellation and you will not be charged for your order.


Sweepstakes and Contests

Art Not Cancelled may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site s. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site, as they may contain additional important information about Art Not Canceled’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Art Not Cancelled’s Intellectual Property

Art Not Cancelled Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Art Not Cancelled and its licensors exclusively own all right, title and interest in and to the Services and Art Not Cancelled Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Art Not Cancelled Content.

Copyright Policy

Art Not Cancelled respects copyright law and expects its users to do the same. It is Art Not Cancelled’s policy to terminate in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and Account Cancellation

If you breach any of these Terms, Art Not Cancelled will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Art Not Cancelled reserves the right to revoke your access to and use of its services & site at any time, with or without cause. In the event Art Not Cancelled terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to ask@artnotcancelled.com

Payments

f you wish to purchase an Original Work of Art or Printed Work, or any other product or service, you may be asked by us to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, or services. 


Security Rules

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging into a server or account which you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Auctions

Art Not Cancelled may make available the ANC Auctions where our artists may offer goods for sale by auction to the highest bidder.

How bidding works
All bids shall be in Ghana Cedis & United States Dollars. Participating buyers are required to register on the site, select a username and password, and must agree to be bound by these terms. Buyers must register a valid credit card with Art Not Cancelled and agree to pay a buyer’s premium to which shall be added to the successful bid price. The buyer’s premium shall be equal 15% of the successful bid price for bids on auction items. The successful bidder shall pay the purchase price plus the buyer’s premium as the final purchase price. Bids are submitted by clicking the “bid” button on the site; all bids are final and cannot be amended or retracted once submitted. All bids will be recorded by Art Not Cancelled and such recording shall constitute the final and conclusive determination and record of each bid and the highest bid.
Art Not Cancelled bidding
Art Not Cancelled is permitted to submit bids on auction items that are subject to a Reserve Price. 
Art Not Cancelled may:
  1. Submit the opening bid on behalf of the seller at the Reserve Price
  2. Place single or successive bids on behalf of the seller in response to other bids that are below the Reserve Price. In no circumstances will Art Not Cancelled place a bid that is above the Reserve Price.
Place your bid
Enter bids must be greater than or equal to the "Next Minimum Bid" (displayed below the bid field) and click on "Place Bid". This will automatically place a straight bid at the next increment and hold the bid you submitted (if higher than the "Next Minimum Bid") as your "Maximum Bid". You will receive an email confirmation of your bid and will be notified by email when you are outbid. By placing a bid each buyer irrevocable authorizes Art Not Cancelled to immediately charge Buyer’s registered credit card an amount equal to the buyer’s premium. Please note that if the auction moves to a physical live event (the auction page will specify this and the bidder will be noticed as such by email), the highest bidder after the close of the online auction will be the opening bid at the event and will be notified within 48 hours after the event if the bid is the final winning bid or been outbid by someone at the event.
Bidding Increments
When placing a bid, enter the maximum amount you are willing to pay for the work. Entering your "Maximum Bid" does not necessarily mean you will pay that price, you may pay less. The Auction system will Proxy Bid on your behalf up to the amount of your Maximum Bid. Once you enter your Maximum Bid, your current bid displayed will be in the amount of the "Next Minimum Bid." As the auction proceeds, Artspace will compare your bid to those of other bidders. When you are outbid, the system automatically bids on your behalf according to the bidding increments established for that auction up to (but never exceeding) your maximum bid. We increase your bid by increments only as much as necessary to maintain your position as highest bidder. Your maximum bid is kept confidential until it is exceeded by another bidder. If your maximum bid is outbid, you will be notified via email so that you can place another bid. If the auction is a benefit auction or an auction with a physical event (which will be noted on the auction page), all online bids will be transferred to that event and Artspace or the organization running the event will continue to monitor your bids in person and continue Proxy Bidding on your behalf up to your maximum bid. Winning bidders will be notified within 48 hours after the close of the auction. If you are not contacted by Artspace, you were not the highest bidder.
Closing the Auction
Upon the close of each auction Artspace shall separately confirm the highest bid to the seller and notify the buyer submitting the highest bid that the bid was successful and the amount of the buyer’s premium due to Artspace to be charged to buyer’s credit card. Artspace shall thereupon charge buyer’s credit card in the amount of the buyer’s premium. Upon receipt of the buyer’s premium Artspace shall email both the successful buyer and seller and shall provide each with the name, address, telephone number and email address of the other; buyer and seller are thereafter solely responsible for arranging for the transmission of payment of the purchase price within 24 hours of the transmission of the Artspace email and for prompt shipment of the goods after receipt of good funds. If for any reason after Artspace’s initial confirmation of the successful bid the buyer cancels the transaction or fails to make payment to the seller, the buyer shall remain liable to Artspace for the full buyer’s premium and Artspace reserves the right to retain such buyer’s premium in addition to any other remedies it has at law or equity. Any dispute with respect to the auction of any item shall be resolved between buyer and seller and without the participation of Artspace. Seller is solely responsible for collecting payment from the buyer. Artspace does not guaranty and is not responsible in any way for the performance of buyers or sellers participating in the auction.
Responsibilities of Auction Buyers and Sellers
Goods offered on Artspace Auctions must be tangible goods that meet the requirements of the Site. Sellers shall not offer any goods for sale or consummate any transaction initiated on Artspace Auctions that violates or could cause Artspace to violate any applicable law, statute, ordinance or regulation. Artspace shall have sole discretion as to whether a specific item meets the requirements of the Site, which determination is final. Sellers offering goods shall post a description of the goods offered and may set a minimum reserve price, a minimum overbid amount and the termination of the auction of the goods. Sellers agree to accept the highest bid above their set reserve price and to deliver the offered goods to the buyer submitting such highest bid. Any goods offered using a seller’s registration log in information shall be deemed by Artspace and any bidding buyer as being offered or authorized by that seller. Sellers are solely responsible for the description, condition, authenticity, and quality of the goods offered. Sellers represent that they are in compliance with all applicable laws, including without limitation those regarding the transmission of technical data exported from the United States or the country in which the seller resides as well as the restrictions on import or export of goods from the seller’s country to the buyer’s country. By posting goods on the Artspace Auctions each seller represents and warrants that he/she holds free and marketable title to the goods offered and that the sale to any buyer will be free and clear of any and all liens or encumbrances. Sellers agree that Artspace Auctions will publish images and information in English relating to the goods offered by sellers. Sellers are solely responsible for descriptions of goods and all other content provided to Artspace by seller. Each seller agrees that Artspace may reformat content submitted by sellers in order to best serve the needs and formatting of the Artspace Auctions. Sellers grant Artspace a perpetual, irrevocable, royalty-free license to use the listing information in other areas of the site in our sole discretion. Sellers are responsible for shipment of goods to successful bidding buyers upon receipt of the purchase price. Sellers must make shipment promptly on receipt of good funds from buyers. Sellers are responsible for collecting any and all applicable taxes from the successful buyer and for remitting such taxes to the applicable taxing authority.
Buyers are responsible for determining the value, condition and authenticity of the goods.
Buyers participating in the Artspace Auctions represent and warrant by placing any bid that they are ready, willing and able to pay the purchase price bid, all applicable taxes and the buyer’s premium all within 24 hours of the close of the auction if they are the successful bidder. Any bids submitted using a buyer’s registration log in information shall be deemed made or authorized by that buyer. Each buyer placing any bid represents and warrants that such bids are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state laws. Each buyer is responsible for payment of New York State and local sales tax, any applicable use tax, any federal luxury tax or any other taxes assessed on the purchase of the goods. The buyer is solely responsible for identifying and obtaining any necessary export, import, or other permit for the delivery of the goods and for determining whether the goods are subject to any export or import embargoes.
Artspace not Responsible for Auction Submissions; No Representations or Warranties
Sellers and buyers agree that Artspace is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature. Artspace is not responsible for any errors or failures to execute bids placed online, including, without limitation, errors or failures caused by (1) loss of connection to the internet or to the online bidding software by any party, (2) a breakdown or failure of the online bidding software, or (3) a breakdown or failure of any seller’s or buyer’s internet connection or computer or (4) any errors or omissions in connection with the bidding process.