Conditions of Sale
The Site is a platform for the exhibition and sale of artwork and other property. All buyers on the Site must be at least 18 years old and able to form binding contracts under applicable law. You are responsible for all charges incurred under your account. In order to make a purchase, Prospect Print Co. may use the services of third parties. We reserve the right to withdraw the Work from the Site at any time without any liability whatsoever for the withdrawal. Unless agreed otherwise in writing between you and us, we are not responsible to the buyer in any way with respect to the exhibition or sale of any Work on the Site.
Subject to fulfillment of all applicable terms and conditions of this Agreement, when the buyer makes a purchase on the Site the buyer shall immediately pay the total amount due, comprised of the total purchase price of the Work and all applicable taxes and service fees. The buyer may pay by wire transfer, credit card, or ACH only. Credit card and ACH purchases are limited to a total purchase price of $25,000.00. By making a credit card purchase, the buyer irrevocably waives any charge-back rights the buyer may otherwise have under the buyer’s cardholder agreement or otherwise. If a credit card or ACH payment is not approved, the buyer will remain personally liable for the total amount otherwise due. In all cases, payment will not be deemed made until we collect the total amount due in good cleared funds. Title to the Work will pass to the buyer when physical possession of the Work is transferred to the buyer or the buyer’s agent or common carrier. Any claims regarding purchases must be made directly to Prospect Print Co.. The buyer agrees that we may pay commissions to third parties who introduce us to clients or otherwise provide services in connection with the sale.
If the buyer fails to comply with any applicable term or condition of this Agreement, the buyer will be in default, and we will be entitled in our absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to us at law): (i) to hold the buyer liable for the total amount due, and for interest, commissions on the sale at our regular rates, and any and all legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer, retaining as liquidated damages any amounts already paid by the buyer; and/or (iii) to resell the Work publicly or privately as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages and legal fees associated with both sales. By failing to make any payment, the buyer will be deemed to have granted and assigned to us a continuing first priority security interest in any money or other property of or owing to the buyer in our possession, and we shall be entitled to retain and apply such money or other property as collateral security for the buyer’s obligations to us. We will have all rights of a secured party under the New York Uniform Commercial Code.
The buyer is responsible for paying all sales, use, GST, VAT or other taxes or charges imposed by law (e.g., a resale royalty) which may be imposed in connection with the sale of the Work that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) Prospect Print Co. from costs associated with any failure to do so. We are required to collect sales tax for any Work delivered in the same State that the Work is currently located in.
Packing and Shipping
We are not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the Work.
Limitation of Liability
Prospect Print Co. Shall not be liable for any damages, in particular Prospect Print Co. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any dispute regarding any Work offered and/or sold on the Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Prospect Print Co. has been advised of the possibility of such damages.
You agree to indemnify and hold Prospect Print Co. (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, or any activity related to your Account (including negligent or wrongful conduct).
Law and Jurisdiction
This Agreement shall be governed by and construed according to the laws of the State of New York and the United States, excluding New York's conflicts of laws rules. Any claim or cause of action arising from or related to this Agreement or your use of the Site shall be filed solely and exclusively in an appropriate state or federal court located in the State of New York, and you irrevocably consent to the personal jurisdiction of such courts and waive any objections you may have to such courts as the sole venue for any such claim or cause of action, including but not limited to any claim that any such court is an inconvenient forum. In the event of any conflict between U.S. and foreign laws, rules and regulations, those of the U.S. will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement. This Agreement, in addition to other written agreements you may enter into with Prospect Print Co., is the entire agreement and understanding between you and us regarding the purchase of any Work from the Site and supersedes all prior or contemporary communications whether digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to enforce or exercise any rights established by this Agreement will not constitute a waiver of any such rights or any other rights under this Agreement. Section headings in this Agreement are included for convenience of reference only and will not limit the scope or effect of any Section.
Questions / Inquiries
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org