Terms of Use

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern COMPANY’s relationship with you in relation to this website. The term ‘COMPANY’ or 'us' or 'we' refers to the owner of the website whose registered office is Abacus House, 16-18 Forest Road, Loughton, IG10 1DX, UK.

 

Agreement

Proceeding to our site, you are agreeing to all the terms and conditions of our site and not limited to the following. Sellers agree to provide all necessary information and documentation to Finally Software Ltd (Fine Fox Art) and to sell the true and correct item as listed in your listing. Buyers agree that an offer placed is a contract to purchase

The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

 

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Finally Software Ltd (Fine Fox Art). Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Finally Software Ltd (Fine Fox Art). You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Finally Software Ltd (Fine Fox Art). Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Finally Software Ltd (Fine Fox Art). You further agree not to change or delete any proprietary notices from materials downloaded from the site. All copyrights belong to the artists.

 

Trademarks

All trademarks, service marks and trade names of Finally Software Ltd (Fine Fox Art) used in the site are trademarks or registered trademarks of Finally Software Ltd (Fine Fox Art).

 

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Finally Software Ltd (Fine Fox Art). disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Finally Software Ltd (Fine Fox Art) does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Finally Software Ltd (Fine Fox Art) does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

 

Limitation of Liability

Finally Software Ltd (Fine Fox Art) shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Finally Software Ltd (Fine Fox Art) has been advised of the possibility of such damages.

 

Typographical Errors

In the event that a Finally Software Ltd (Fine Fox Art) product is mistakenly listed at an incorrect price, Finally Software Ltd (Fine Fox Art) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Finally Software Ltd (Fine Fox Art) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Finally Software Ltd (Fine Fox Art) shall issue a credit to your credit card account in the amount originally billed.

 

Term and Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration, listing or making an offer process. These terms and conditions, or any part of them, may be terminated by Finally Software Ltd (Fine Fox Art) without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

Finally Software Ltd (Fine Fox Art) may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Finally Software Ltd (Fine Fox Art).

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the United Kingdom without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site, including but not limited to the purchase of Finally Software Ltd (Fine Fox Art) shall be in London, Law Courts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Finally Software Ltd (Fine Fox Art) products) must be commenced within one (1) year after the claim or cause of action arises. Finally Software Ltd (Fine Fox Art) failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Finally Software Ltd (Fine Fox Art) may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Finally Software Ltd (Fine Fox Art) or other staff member, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not offer for sale, or describe fake works as genuine, or attempt any other fraud on this site and will take full responsibility for any consequential litigation or damages.

Your Privacy: We respect your privacy. We never sell, share or trade your confidential information.

 

Indemnification

You agree to indemnify, defend, and hold harmless Finally Software Ltd (Fine Fox Art), its officers, directors, staff members, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Buyers & Sellers Conditions

Sellers are responsible for all packing and crating costs. Buyers are responsible for all shipping and insurance costs, and applicable customs or VAT. The commission is due when the art sells and is based on the actual sale price. By listing with Finally Software Ltd. (Fine Fox Art) you agree to list exclusively with our site for a period of 90 days. You reserve the right to sell your art privately during this time period. After 90 days you may list your art elsewhere, and maintain your listing here with the understanding we retain the ability to sell your art so long as it is listed. For the best results we recommend listing your art exclusively with Finally Software Ltd. (Fine Fox Art) until it is sold. You may remove your listing at any time without penalty. We do not assist with pricing for legal reasons.

 

Entering a Listing

Register securely with Finally Software Ltd. (Fine Fox Art), it's free and allows you full access to buy, sell, create watchlists, sign up for email alerts.

Login to your account and navigate to the Create Listing Page.

Follow the directions and provide ALL of the information and photos requested. The sale of your artwork depends on the accuracy and quality of your photos and description. For more information please see our listing / photo guide.

Complete and accurate listings with multiple quality photos sell and will be approved.

Incomplete or inaccurate listings with poor quality photos do not sell and will not be approved.

Finally Software Ltd. (Fine Fox Art) will contact you by email and approve your listing within 48 hours if you have provided ALL the information and photos to our satisfaction. In 48 hours if your listing is not posted and have not received an email from our staff please login to your account to check the status of your listing.

 

Your Listing Is Approved and Visible to the Art World

When a buyer purchases, makes an offer, or asks a question, our staff will contact you by email or phone. We monitor incoming offers and inquiries and will notify you immediately when there is interest. Please be sure to keep your contact information up to date, it's important we can reach you quickly when a buyer makes an offer.

Our sales associates will work with both parties to facilitate a sale. When a price has been agreed upon, Finally Software Ltd. (Fine Fox Art) will collect and secure funds from the buyer. Each transaction is unique and will be handled personally by one of our experienced sales associates.

Buyers are requested to open and inspect the artwork immediately upon receipt. When the buyer has approved the purchase, Finally Software Ltd. (Fine Fox Art) will release funds to the seller within 7 business days.

Returns - Artwork can only be returned within 30 days if misrepresented by the seller, or damaged in shipping. Refunds are only given for artwork if misrepresented by the seller, or damaged in shipping.

Misrepresentation - Sellers who misrepresent their artwork or condition will pay shipping and packing both to and from the buyer. Artwork will be returned COD cashier’s check. Frames are often included as a courtesy, are sold as is, and are not grounds upon which a buyer may reject a transaction