Terms and Conditions

1. General

By registering with artcash.com through the Membership Agreement Form or by submitting a sales offer through the Offer Form to M.A.C. MODERN ART COLLECTION SA, Seeweg 5, 6072 Sachseln, Switzerland (hereafter referred to as artcash.com), you indicate your full agreement with the terms and conditions contained in this page. At any given time, the valid and applicable terms and conditions of use are those published on this site.

2. Registration and Membership Eligibility

When registering, the member is obligated to supply correct and truthful information (name, address, etc.). Registration must be done by the actual user of the services. Changes to this information (such as change of address) must be made by the registrant him or herself. The minimum age for membership eligibility is 18 years.

3. Approval for Use of artcash.com Services

artcash.com reserves the right to deny a user eligibility for participation in or use of artcash.com services. artcash.com further reserves the right to exclude, i.e. withdraw the approval of, an already registered user without prior notice and mention of specific reasons, particularly for misuse of artcash.com services or other breaches of these terms and conditions.

4. Membership and Cancellation

Membership is free of charge for the registration of up to ten artists. The modification of your list of artists is subject to approval by artcash.com. Both the member and artcash.com may cancel search services and/or membership at any time and without prior notice, insofar as there are no outstanding obligations, such as pending offers. You may cancel your membership through a simple email message.

6. Sellers

The nature of works of art (paintings, graphics, sculptures, etc.) listed in the databases must match the general description on the artcash.com Web pages. By submitting the Description Form, the seller indicates his or her authorization to sell and dispose of the object in question, be it as the owner or authorized representative of the rightful owner. The information pertaining to an object contained in the Description Form has to be truthful and possible faults or damages must be declared. artcash.com is not responsible for warranties concerning object authenticity, including its ascription to a specific artist. Such a guarantee is the responsibility of the seller.

7. Offers and Asking Prices by Owners

The seller includes an asking price in the Description Form. If the object and price are accepted by artcash.com, a confirmation is sent to the seller, otherwise the buyer receives a rejection or a counter-offer, which he or she may subsequently accept. artcash.com can reject offers without disclosing a specific reason.

8. Offer Period

After acceptance into the Internet database, the work of art, unless agreed otherwise, will remain listed for at least 60 days. If no sale occurs within this period, extensions of 30 days at a time can be agreed upon.

9. Pre-Information

The pre-information service is provided to members as a courtesy . The manner in which this service is handled is at the full discretion of artcash.com.

10. Service Fee

After the successful completion of a sale, artcash.com charges a percentage of the sales price as a fee for services. This figure depends on the actual sales price, the time and effort invested by artcash.com and the complexity of the sales process. The fee as a percentage of the sales price is proposed by artcash.com to the seller in the email confirming the acceptance of a listing. If the seller does not make a counter-proposal within five days, the seller indicates his or her acceptance of the initial proposal. The service fee to be paid by the buyer is published along with each sales offer.

11. Liability of Users

If a user knowingly provides false information or engages in a breach of the artcash.com terms and conditions, he or she will be held liable to compensate artcash.com for the cost of the actual damage, amounting to no less than the monetary value of the service fees lost to artcash.com, and resulting in an immediate cancellation of membership benefits.

12. Transaction Security

artcash.com is unable to verify its members' solvency. Buyers and sellers are advised to choose a secure method of payment, especially in cases of international transactions. If desired by the parties involved, artcash.com can act as an advisor in the sales process, possibly for an additional fee.

13. Care, Disagreements and Mediation

artcash.com takes greatest possible care and diligence to act in accordance with these terms and conditions, but cannot keep related records or correspondence, nor respond to all requests for particular information. In case of disagreements between members, artcash.com can be asked to act as a mediator. If artcash.com agrees to mediate, we will try to facilitate an agreement without further obligation to artcash.com.

14. Summary of Services and Terms and Conditions

The rules described on the artcash.com Web pages are non-binding procedures, which can be changed or amended by artcash.com at any time and without prior notice.

15. Changes to Terms and Conditions

Registered members of artcash.com will be informed about changes or amendments to these terms and conditions. Existing contracts will remain valid under their original terms.

16. Liability for Object Information

The information provided by sellers will be rudimentarily checked for accuracy by artcash.com. Object descriptions are taken as supplied by the seller and may be subject to correction or translation into English by artcash.com. artcash.com cannot guarantee or assume liability for the description, attributes, quality and availability of objects offered for sale. It is the responsibility of the buyer to inspect objects prior to their purchase.

17. Liability in Sales Contracts with artcash.com

Some objects may be offered for sale by artcash.com. In those cases, the authenticity of an object is guaranteed in the sales contract.

18. Grace Period for Complaints

Relating to Authenticity and Deficiencies In a sales contract, whether with a third party or artcash.com, the grace period for complaints concerning the authenticity or condition of an object is set at two months after the contract date. After this period, no complaints can be accepted.

19. General Liability and Indemnity

artcash.com acts solely as a representative or agent between parties. Both parties, buyer and seller, agree that their names and addresses can be used in the context of artcash.com services. Occasionally, object photographs are not made public on artcash.com for reasons of confidentialityIn those cases, photographs can be obtained from the seller upon request. It is assumed that the seller has the copyright for texts and images. artcash.com is unable to verify its members' solvency. Buyers and sellers are advised to inform themselves and ask for security in payment, object authenticity, shipping, etc. Because artcash.com is not, and cannot be, part of the contractual relationship between seller and buyer, you, the artcash.com member, agree to indemnify and hold us, including representatives and employees of artcash.com, harmless from any claim, demand, ensuing damages of any kind and nature, intentional or unintentional, assumed or unassumed, known or unknown, due to or arising out of a disagreement with another user or users of artcash.com or your breach of these terms and conditions. artcash.com shall also not be held liable for damages as a result of technical problems, transmission errors, human error, mistakes, etc.

20. Copyrights

All images and information contained on this web site are © copyrighted. All rights reserved. No reproduction, publication, transmission or distribution of copyrighted material other than for personal use without permission.

21. Language of Terms and Conditions

artcash.com terms and conditions are published on the artcash.com Web site in German and English. This information is published in several languages. The legally binding terms and conditions are those published in German.
The terms and conditions are an integral part of each contract made with artcash.com.
In the case that a present or future rule in these terms and conditions of use is found to be ineffective or incomplete, it shall have no effect on the validity or effectiveness of all other rules.

Luzern, Switzerland, September 30, 2000.

Legal venue is Sachseln, Switzerland.
M.A.C. MODERN ART COLLECTION SA is an incorporated company with headquarters in Sachseln, Switzerland.