Contemporary Art by the World's Best Artists
Terms and Conditions
These Terms and Conditions of Business represent the terms upon which the Art Auction OBO contracts with the Consignor and, acting in its capacity as agent on behalf of the Consignor, contracts with the Buyer. These Terms and Conditions of Business shall apply to the sale of the Lot by the Art Auction OBO to the Buyer on behalf of the Consignor, and shall supersede and take precedence over any previously agreed Terms and Conditions of Business. These Terms and Conditions of Business are hereby incorporated into and form part of the Consignment Agreement entered into by the Art Auction OBO and the Consignor.

The Scope

CheliniArt owns and manages the website www.cheliniart.com (the "Site"). It provides art buyers and sellers information about artists, collectors, collections and the art market. It offers fine art (hereafter the "artwork") for sale on Auction OBO(Or Best Offer) basis. The scope of the services is generally limited to the purchase, bidding, sale and storage of artworks. The following terms and conditions ("Terms and Conditions") govern your use of the Site. By accessing, inquiring, using, browsing, buying on the Site, you accept and agree to be bound by these Terms and Conditions.

1. CheliniArt Auction OBO

The Auction OBO(Or Best Offer) is online CheliniArt Auction gallery, a division of website www.cheliniart.com, or an affiliated entity.

2. The Site

CheliniArt is an online platform to sell fine art and objects. Artwork are offered for sale on the Site. We confirm that we either own the artwork or are authorized to sell it on behalf of the owner.

3. Consignor

The Consignor(Auctioneer, Artist) is the person or entity who has fully completed the registration process, provided the required information to the CheliniArt Auction OBO Gallery and has been assigned a unique ID number, named in the Consignment Profile as the source from which the Property or Lot has been published for auction on CheliniArt Auction gallery.

4. Buyer

The Buyer is the person, corporation or other entity or such entity's agent, who bids successfully on the Lot at the auction sale or purchase Artwork using Buy It Now feature.

5. Auction OBO

Auction OBO(Or Best Offer) is the Auction Of Best Offer. Best Offer refers to price, delivery, preferred buyer, etc. The Consignor determines the best offer himself based on his own behalf and assigns winning bid. Buyer can bid with high or low price, offering his own conditions.

6. Fees and Services

Using CheliniArt Services is generally free.

We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in US Dollars, and we may change them from time to time.

We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services.

If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).

7. Regulation of Bidding

The Auctioneer(Consignor) has the right in his absolute discretion to refuse any bid and to advance and regulate the bidding as he decides and any bid acknowledged and relied upon by the Auctioneer may not be withdrawn.

8. How to buy?

Buyers may purchase certain work on the Site immediately using the "Buy It Now" feature or by making an offer.

A buyer who purchases work using the "Buy It Now" feature is required to complete the transaction and the contract is immediately concluded.

An Offer Made on CheliniArt is contractually binding. After making an offer on CheliniArt, an e-mail will be sent from CheliniArt to the Consignor (offer consideration), confirming the receipt of the offer, and its details.

Consignor can accept or deny offer on his own behalf based on his own preferences and considerations. After accepting an offer, an e-mail will be sent from CheliniArt to the buyer (offer confirmation) to confirm his offer.

By accepting an offer Consignor will be required to pay 1.2% refundable Insurance Deposit which is released by Buyer upon receiving the item. By Releasing Insurance Deposit the Buyer confirms receipt of goods.

Like other auction houses, CheliniArt charges commission, but only from the seller. A buyer will pay as much as his bet, at no additional cost. The Seller's Commission is 25%.
The final payment must be received immediately, which will be deducted from buyer account balance.

Example: Artwork Base price is 500 USD. Buyer bids for 600 USD. Consignor(Artist) consider a bid as Best Offer, assign Buyer and Deposit refundable Insurance Deposit 1.2% - 7.2 USD (1.2x 600 = 7.2). Buyer confirms his bet and pays 100% of his bet - 600 USD, no additional cost. These funds will be deducted from the balance on the buyer's account and held until the buyer receives the purchased goods. After receiving artwork buyer releases Insurance Deposit and Funds completing the Deal.

9. Warranties and Indemnities

9.1 The Consignor warrants to the CheliniArt and to the Buyer that the Consignor has and shall be able to deliver unencumbered title to the Lot, free and clear of all claims;

9.2 The Consignor shall indemnify the CheliniArt, its agents and the Buyer against all claims made or proceedings brought by persons entitled or purporting to be entitled to the Lot;

9.3 The Consignor shall indemnify the CheliniArt, its employees and agents and the Buyer against all claims made or proceedings brought due to any default of the Consignor in complying with any applicable legislation, regulations and these Terms and Conditions of Business; and

9.4 The Consignor shall reimburse the CheliniArt in full and on demand for all Expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach by the Consignor of Conditions C.2.a and/or C.2.c above.

10. Prices, payment, settlement and delays

All prices communicated by CheliniArt are net prices and are quoted in USD, unless otherwise expressly agreed. Packaging, handling and shipping costs, taxes, GST, PST and all other transport / customs fees, are not included in the price quoted on CheliniArt and will be charged separately.

The following payment methods are available to the Buyer: PayPal, credit card and bank transfer. Additional fee may be applicable based on PayPal regulations.

11. Sales Tax

Sales Tax means the Federal and Provincial sales and excise taxes applicable in the jurisdiction of sale of the Lot.

CheliniArt Auction OBO Terms & Conditions. (underscore)

12. Data Protection

CheliniArt will use information provided by its clients or which CheliniArt otherwise obtains relating to its clients for the operation of the Site or as required by law. Some gathering of information about CheliniArt clients will take place using technical means to identify their preferences and provide a higher quality of service to them. Clients agree that CheliniArt may use any sensitive information that they supply to CheliniArt. By agreeing to these Conditions of Business, clients agree and consent to the processing of their personal information. Clients can prevent the use of their personal information for marketing purposes at any time by notifying CheliniArt.

13. Withdrawal

We reserve the right to withdraw any artwork from the Site at any time and shall have no liability whatsoever for such withdrawal.

14. Inspection

Prospective buyers may contact CheliniArt to inspect the work to determine its condition and size before making offers to purchase it.

15. Packing and Shipping

The buyer shall be responsible for all packing and shipping costs for the purchased work. CheliniArt will ensure that work purchased on the Site is released for delivery to the buyer once full payment for the property is received.

At the request of the buyer, CheliniArt is ready to assist the buyer in the organization of the shipment. In that case, due to the diverse nature of the type of the work, and their dimension and weight, CheliniArt can only provide a limited estimate of the shipping expenses. Besides, this service will be charged separately and CheliniArt is entitle to receive administrative fees for this service.

It is the buyer's sole responsibility to identify and obtain any necessary export, import or other permit for the property.

16. Liability claims – Shipping

The Buyer will become the owner of the work when full price has been paid and when the work is delivered to the Buyer. At that time, the property of the work passes to the buyer and Consignor ceases to be responsible.

It is the responsibility of the Consignor to make the responsible logistics company liable for any damages. Therefore, it is strongly advised to take the appropriate insurance and provide a detailed description of the contents in a form.

17. Warranty, inspection and notification

It is assumed to be known that all works, especially works on paper canvas and photographs, depending on the conditions of the environment, can see their appearance and color change and fade. CheliniArt gives no warranty for this immutable process of change.

In the unlikely event the Buyer receive an item that is significantly not as described, we want to make it right. Please email us within 5 days of receiving your item to let us know there is a problem, and we will work with you and the Seller to reach the best possible resolution, whether that be arranging for a return, a full refund, or a repair with a trusted restorer.

18. Limitation of liability

CheliniArt is also not liable for the consequences of independent events, such as war, natural disasters, boycotts, strikes, etc. or legal impossibility. In the event of force majeure, CheliniArt has the right to withdraw from the agreement without compensation obligation, or to suspend it for a period of time appropriate to the situation.

19. Liability for online connections

CheliniArt is committed to ensure the security of the systems, programs, etc. that belong to it and which it can influence, and to follow the rules of data protection.

The buyer and Consignor must ensure the security of the systems, programs and data that reside in its sphere of influence. Buyers and Consignor should protect their passwords and usernames from access by third parties for the sake of their own interests.

CheliniArt is not liable for damages and disruptions that are beyond the scope of its responsibility, especially not for safety deficiencies and operational failures of third party companies, which it works with or from which it is dependent.

Furthermore, CheliniArt is not liable for force majeure events, improper actions and disregard for the risks by the Buyer or third parties, excessive use, unsuitable resources of the user or a third party, extreme environmental influences, User intervention or interference by third parties (viruses, worms, etc.) that happen despite necessary safety precautions.

20. Prohibited User Conduct

You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not:

20.1 impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;

20.2 insert your own or a third party's contacts such as E-mail address, phone numbers etc., advertising, branding or other promotional content into any of the Sites' content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without our permission;

20.3 attempt to gain unauthorized access to other computer systems through the Site;

20.4 engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, users or other information from or through the Site;

20.5 obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;

20.6 use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;

20.7 use the Site in violation of CheliniArt or any third party's intellectual property or other proprietary or legal rights; or

20.8 use the Site in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Sites or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.

21. Copyright

The contents of the Site, such as text, graphics, images, data, coding, scripts, computer programs and other material (collectively "Materials"), are protected by copyright under the laws of the Canada as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us.

Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.

22. Users' Responsibilities

22.1 All Online Transactions are concluded by and between Users only. You shall complete Online Transactions in accordance with the CheliniArt.com Services Agreement and CheliniArt.com Sites' terms, rules and policies. You agree that you will not hold CheliniArt.com and our affiliates or agents liable for any Online Transaction or any products or services supplied under any Online Transaction.

22.2 You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for CheliniArt.com's provision of the CheliniArt.com Services. If your failure to do so results in any delay in the provision of any CheliniArt.com Services or cancellation of any Online Transaction, CheliniArt.com and our affiliates shall not be liable for any loss or damages arising from such delay.

22.3 You represent and warrant that:

(a) you will use the CheliniArt.com Services in good faith and in compliance with all applicable laws and regulations;

(b) the information and material you provide in connection with the use of the CheliniArt.com Services is true, lawful and accurate, and is not false, misleading or deceptive;

(c) you will not use the CheliniArt.com Services to defraud CheliniArt.com, our affiliates or other members or users or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law);

(d) in case that you are a Seller of artworks, you have the legitimate right and authorization to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party's rights;

(e) in case that you are a Seller of artworks, you have good title to the artworks ordered under the Online Transaction, and the products meet the agreed descriptions and requirements.

22.4 If in CheliniArt.com's opinion, any User is not acting in good faith, abusing the CheliniArt.com Services, or in breach of this Agreement, CheliniArt.com shall have the right to cancel the Online Transaction.

22.5 You as the User shall be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any artworks purchased or supplied through the CheliniArt.com Services or otherwise arising from the Online Transaction.

22.6 You agree to indemnify CheliniArt.com and our affiliates and our employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the CheliniArt.com Services or from User's breach of this Agreement. CheliniArt.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with CheliniArt.com in asserting any available defenses.