Terms

This page explains our terms of use. When you use Sartch, you’re agreeing to all the rules on this page.

By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Sartch, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors collectively, “Sartch,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site. We may change these terms from time to time. If we do, we will inform you about any material changes either by notifying you on the Site or by sending you an email.

1. About Creating an Account

To register you need to be 18 or over. You’re responsible for your account and all the activity on it.

You can browse without registering for an account. But to use certain functions, you will need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violates anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account and keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@sartch.com.

2. Things You Shouldn’t Do

We expect everyone who uses this site to behave responsibly. You should not do any of these things on the Site:

Do not misuse this Site by knowingly introducing , trojans, worms, logic bombs or other material which is malicious or technologically harmful (together “ viruses ”).

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack.

Don’t try to interfere with the proper workings of the Services.

Don’t bypass any measures we’ve put in place to secure the Services.

Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Sartch or another party.

Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)

Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.

Don’t take apart or reverse engineer any aspect of Sartch in an effort to access things like source code, underlying ideas, or algorithms.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use this Site will cease immediately. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect your computer equipment, computer programs, data or other proprietary material

3. Things We Wont do

We will never falsely represent any artist or display fraudulent work. We obtain all out art from viable sources which include:

Reputable auction houses, galleries or similar.

Private collectors and curators with proof of ownership.

The artists.

We will never display any art that has not undergone authentication.

4. Collections

This section explains the relationship between curators and the art investors of Sartch collections, and who’s responsible for what. This is what you’re agreeing to when you share ownership of an art collection. Sartch provides an investment platform for collections of art. When we post a collection, we provide the opportunity for members to form a contract with Sartch. Buying into the collection and becoming shared owners initiates that contract.

When a collection is successfully funded throughout the process, we owe you a high standard of effort and honest communication regarding the collection you have invested in.

4.1. Buying into a Collection

This section goes over the details of the transaction process

  • All funds are held in escrow until the collection reaches its target value. .The exact amount of money you put into a collection is the amount Sartch will collect. If the collection hasn’t reached its target, you will be automatically refunded in full, no funds will be collected, and no money will change hands.

  • In some cases we’ll reserve the charge on your card..Sartch and its payment partners may authorise or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full amount you funded, at any time between the time you funded and the collection of funds.

  • You can change or cancel your payment at any time before the collections funding deadline (with one exception). .You can increase, decrease, or cancel your payment at any time, you can’t decrease or cancel your share ownership buy without contacting customer support first.

4.2. Shared Ownership

Shared ownership means you own an ownership stake percentage along with other owners. Depending on how much money you put in depends how much you own within the collection. By buying into a collection you agree to share ownership and understand you do not own the entire collection. You also agree to abide by our shared ownership rules which are:

Regardless of how much value you have within a collection, you have no authority over the any piece as we (Sartch) manage all collections and products listed on this Site.

4.3. Our Fees

Fees are only charged to the curator on successfully funded collections. We charge 5%, in addition to any fees from our payments partners (Mangopay) which covers insurance and storage and 10% when the collection is sold

4.4. Taxes

We are not tax advisors, You’re responsible for handling your own capital gains tax and any other from of taxes if applicable. We recommend you seek advice before going ahead.

4.5. Storage

We store all Artwork in secure climate controlled warehouses on your behalf, we do so at a warehouse which will contain equipment suitable for storage of art in a controlled environment. We will also pay all insurance and storage from the time the collection is funded. If at any time the art is removed from the warehouse it will be following a sale. If the art is lost or damaged at the warehouse we will pay the lower of the replacement value or the market value of the lost or damaged art.

4.6. Title & Documentation

Ownership of the Product will pass to you immediately upon finalising the funding of the collection. We will provide you with proof of ownership stating the unique identification number issued by Sartch in relation the art, including your stake in the collection.

4.7. Management

Buy buying into a collection you agree to appoint Sartch to be your agents for the purpose of managing all activities related to the collection(s) you have shared ownership in which include:

  • Sale of the art and all processes involved.
  • Full autonomy of all action related to the art.

4.8. Contract

The contract will be formed when payment has cleared into our bank. Once the contract has been formed in accordance with condition, you may cancel your payment at any time up until the close of business on the seventh working day after the day on which the collection is funded. After this date your cancellation is not possible and you may only receive your money when the art is sold as agreed.

5. Limitation of Liability

The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results or the use of this Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

    • Loss of income or revenue.
    • Loss of business.
    • Loss of profits or contracts.
    • Loss of anticipated savings.
    • Loss of data.
    • Loss of goodwill.
    • Wasted management or office time.
  • For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

6. Other Websites

Sartch may contain links to other websites. (For instance, collection pages, user profiles) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

Sartch partners with other companies such as Mangopay, Paypal and Stripe for payment processing. When you buy into a collection, you’re also agreeing to the payment processor’s terms of service.

7. Your Intellectual Property

We are the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not print off copies or download any extracts from any part of the Site unless expressly authorised by us to do so. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We are not responsible for content posted by third parties on our website, If you believe that any content on our site infringes your intellectual property rights please contact us.

8. Deleting Your Account

You can delete your account at any time. Deleting your account won’t make your activity on the Site go away. You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any activity on the Site. (For instance, deleting your account will not guarantee you a refund until you contact customer support within the allowed timeframe)

9. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

Sartch reserves these rights:

  • We can make changes to the Sartch Site and Services without notice or liability.
  • We have the right to decide who’s eligible to use Sartch. We can cancel accounts or decline to offer our services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Sartch in that jurisdiction.
  • We have the right to cancel any payment to any collection or artwork, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any collection or artwork at any time and for any reason.

Sartch is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

10. Dispute Resolution and Governing Law

We encourage you to contact us if you’re having an issue before resorting to the courts. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law. The contract between you and us will be governed by and interpreted in accordance with English law. If you do something on Sartch that winds up getting us sued, you have to help defend us. If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable lawyer fees and other legal costs) that arise from or relate to your use or misuse of Sartch. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defences.

11. Artworks

You may purchase original works of art that are listed within this section. When you purchase such an original work of art through the Site and Services, you are purchasing the work from Sartch. 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 or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Sartch or its third-party service providers will collect your billing and shipping information and process your payment. Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions and type. To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account).

12. Sale of Artworks

The Artworks sale price is listed on the Site in the currency set by Sartch and includes all taxes, excepting delivery and packaging fees if applicable. The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of Artwork, its dimensions, its weight, as well as the place of delivery. The payment of the Artwork price by the Buyer is made via the payment services available from Sartch. Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the Artwork is put back for sale on Sartch’s website.