Customer Terms Of Use
1. About us
1.1. We are State of the Art Marketplace Ltd: incorporated in England and Wales under company number 13132003 and registered at 1 Vicarage Lane, London, E15 4HF. In these terms and conditions, we refer to ourselves as we, us, our and SOTA.
2. How to contact us
You can contact us by visiting the ‘Contact’ page of our website, sotamarketplace.co/pages/contact, and populating the form.
3. These terms and conditions
3.1. These terms and conditions (which we’ll refer to as T&Cs from here) apply to your use of our website and any purchases you make on our website. Please read these T&Cs carefully before you place any orders on our website, as they set out important information both your and our rights and obligations. Please note that you must agree to these T&Cs before you place any order.
3.2. For the purposes of these T&Cs, you are a consumer if you are buying products from our website as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a business customer if you are buying products from our website for purposes relating to your trade, business, craft or profession. Some T&Cs only apply to your order if you are a consumer, and other T&Cs apply to your order if you are a business customer. We indicate in these T&Cs where this is the case, so please make sure you read these T&Cs carefully.
3.3. References to you and your in these T&Cs is to the consumer or business customer placing an order on our website.
3.4. If you are a consumer, you must be at least 18 years old or otherwise legally capable of entering into binding contracts. You must also be resident in either the United Kingdom or another state approved for sale by our payment provider, Shopify.
3.5. If you are an individual placing an order on behalf of a business customer, you confirm that you have authority to place such order for and on behalf of the business customer. You must also be based in either the United Kingdom or another state approved for sale by our payment provider, Shopify.
3.6. We may make changes to these T&Cs at any time. However, the T&Cs which apply to your order will be those in force at the time you place your order with us.
3.7. Please save a copy of these T&Cs and any emails from us for your records, as we will not save or file a copy for you.
3.8. These T&Cs are only available in English. If they are translated into any other language, the meaning and interpretation under the English version will prevail.
4.1. Your use of our website is subject to this section 4. By using our website, you will be deemed to have accepted and agreed to be bound by this section 4.
4.2. We reserve the right to restrict your access to our website or any part of it. Access to restricted areas of our website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these T&Cs).
4.3. We will use reasonable endeavours to ensure our website is available at all times. However, we cannot guarantee that our website or any individual function or feature of it will always be available or error free. Our website may be unavailable during periods when we are implementing upgrades to, or carrying out essential maintenance on, our website.
4.4. The intellectual property rights in our website and all of the text, layout of pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
4.5. We provide our website on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on our website.
4.6. Your permission to use our website is personal to you and non-transferable. Your use of our website is conditional on your compliance with the rules of conduct set out in this section 4 and you agree that you will not:
(a) use our website for any fraudulent or unlawful purpose;
(b) use our website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our website, or express or imply that we endorse any statement you make;
(d) interfere with or disrupt the operation of our website or the servers or networks used to make our website available, or violate any requirements, procedures, policies or regulations of such networks;
(e) transmit or otherwise make available in connection with our website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(f) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our website;
(g) modify, adapt, translate, screenscrape, reverse engineer, decompile or disassemble any portion of our website or aggregate data from our website. If you wish to reverse engineer any part of our website to create an interoperable program you must contact us, and we may provide interface data subject to verification of your identity and other information;
(h) remove any copyright, trade mark or other proprietary rights notice from our website or materials originating from it;
(i) create a database by systematically downloading and storing our website content; or
(j) use any manual or automatic device in any way to gather our website content or reproduce or circumvent the navigational structure or presentation of our website without our express prior written consent.
4.7. Our website may provide links to other websites and online resources. We are not responsible for, and we do not endorse, such external sites or resources. Your use of third-party websites and resources is at your own risk.
5. Contractual relationship
5.1. SOTA operates as a marketplace that facilitates sales of artwork between independent artists and consumers/business customers.
5.2. You acknowledge that SOTA acts as an intermediary in the transaction between you and independent artists, authorised to display artwork, to facilitate the transaction, and to receive payment under the transaction only. The contract for the sale of any product(s) is between you and the artist directly. We are not a party to the transaction. We are not an auctioneer. Unless otherwise stated, we do not own or have possession of any products listed or sold on our website.
5.3. We cannot guarantee the existence, quality or safety of any products listed on our website, nor can we guarantee the accuracy or truthfulness of any details provided by an independent artist. We also cannot guarantee performance of an independent artist’s obligations in respect of any transaction or order placed. However, we do require all our independent artists to ensure the products match the description given by the independent artist on SOTA and to comply with their own terms of sale. If you find that any product you have purchased does not match the description given by the independent artist, or if an independent artist has not complied with its obligations in respect of any transaction or order placed, please let us know as soon as possible so that we can take steps to rectify the situation.
5.4. Please note that independent artists may have sales policies that apply to your order. Please ensure that you read the sales policies of the independent artist from which you are making a purchase, as well as these T&Cs. You are responsible for complying with the sales policies and we are not liable to you if a purchase is not completed due to your failure to comply with such sales policies.
6. Orders
6.1. Please check your order carefully and correct any errors before you place it.
6.2. Your order is an offer to buy products from the independent artist via SOTA on the basis of these T&Cs.
6.3. After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by the independent artist.
6.4. If your order has been accepted by the independent artist, we will send you an email confirming that your order has been accepted, which we’ll refer to as the Order Confirmation. The contract between you and the independent artist will only be formed when we send you an Order Confirmation.
6.5. The contract between you and the independent artist will relate only to the products that are confirmed in the Order Confirmation. Neither we nor the independent artist will be under any obligation to supply any other products which have been part of your order until such products are confirmed in a separate Order Confirmation.
6.6. If your order is not accepted for any reason, we will email you using the details you provided when you placed your order. We and the independent artist have the right to reject any order for any reason.
7. Availability
7.1. All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, we may need to stop advertising certain products for sale and independent artists may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order, and provide you with a full refund if payment has already been taken.
8. Making changes to your order
If you would like to make any changes to your order after you have placed it, please contact us as soon as possible and we will let you know if it is possible to change your order.
9. Product descriptions
9.1. Descriptions of the products are set out on our website. You are responsible for reading the full product description before placing an order.
9.2. Pictures and images of the products or their packaging on our website are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.
9.3. We cannot guarantee that the colours displayed on the device will match exactly the appearance of your products. The colours of the products displayed on our website may vary depending on what device you are using and your settings.
10. Use restrictions
10.1. If you are a consumer, you must use the products for domestic and personal use only. You must not use the products for commercial, business or resale purposes.
10.2. If you are a business customer, you must use the products for internal business purposes only. You must not use the products for resale purposes.
11. Intellectual property
You will not obtain the copyright or any other intellectual property rights existing in the products. All intellectual property rights existing in the products will be retained by the relevant independent artist or their licensors at all times.
12. Prices
12.1. Prices for the products are set out on our website. All prices are shown in the local currency of the state in which you are placing your order and include VAT (or any equivalent applicable sales tax at the applicable rate unless otherwise stated, but exclude delivery charges.
12.2. Prices for the products and delivery charges may change at any time. Except as set out in section 12.3 below, such changes will not affect existing orders.
12.3. If there has been an error on our website regarding the pricing of any of the products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will cancel your order and notify you by email.
12.4. Discount codes may be redeemed at checkout. A discount code is applicable to full price products and is not redeemable against any sale or promotional products.
13. Payment
13.1. We accept all major credit and debit cards. You can also pay by Apple Pay, Google Pay and Klarna. All credit and debit card payments must be authorised by the relevant card issuer.
13.2. We will take payment as soon as your order is accepted by the independent artist. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
14. Delivery
14.1. The independent artist with whom you have placed the order will deliver your order to the address specified by you when you placed your order. Once you have received the Order Confirmation, you will receive details regarding delivery of the products that have been confirmed.
14.2. Delivery costs for the product will be applied at checkout.
14.3. Any delivery dates stated during the order process, or in your Order Confirmation, or any other communication between us or with the independent artists, are estimates and indicative only.
14.4. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (e.g. severe weather, accidents or unpredictable traffic delays). We are not liable to you for late or failed delivery due to any act or omission of an independent artist.
14.5. Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
14.6. Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you from the independent artist and the products will be classed as having been delivered. This means that you are responsible for the products and we nor the independent artist are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed.
14.7. Ownership of the products passes to you from the independent artist once you have paid for them in full.
15. International customers
15.1. We require independent artists to comply with all legal, regulatory and any other obligations imposed on the independent artist by applicable law of the country in which deliveries are being made to.
15.2. If the products are to be delivered outside of the United Kingdom, you may be responsible for obtaining and maintaining all licences, clearances and other consents that are necessary for the supply of the products (including any import licences). You may also be responsible for the costs of any import duties, levies or taxes payable on such international delivery. We require independent artists to provide all relevant customs information to enable you to pay the costs of any import duties, levies or taxes payable on international deliveries.
15.3. Our payment provider, Shopify, charges currency conversion fees which vary depending on your location. As a result, all products will be marked up to include this international fee.
16. Consumer cancellation rights
16.1. This section 16 only applies to you if you are a consumer in the United Kingdom. It will not apply to you if you are a business customer and it may not apply to you if you are a consumer placing an order outside of the United Kingdom.
16.2. If you are placing your order within the United Kingdom, you will have 14 days from the delivery date to change your mind and cancel your order. This does not apply to bespoke or personalised products.
16.3. To cancel your order, please contact us at info@sotamarketplace.co. You can also use the cancellation form available at [X]. To help us process your cancellation quickly, please include your order number when contacting us or include it in the cancellation form you send to us.
16.4. If you have already received your order, you must return the products within 14 days of telling us that you want to cancel your order. The deadline is met if you send the products back to the independent artist with whom the order was placed before the 14-day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received confirmation that the products have been returned, or until you have provided us with evidence that you have sent the products back (whichever is earlier).
16.5. Products must be returned to the independent artist with whom you placed the order in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, or if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession.
16.6. The independent artist will be responsible for the cost of any returns if your products are faulty or misdescribed. Otherwise, unless otherwise stated by the independent artist’s sales policy, you are responsible for the cost of returning the products.
16.7. We will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to the independent artist with whom the order was placed, we will issue the refund no later than 14 days after the day the independent artist receives the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.
16.8. We will issue your refund to the same payment method you used when you placed your order.
16.9. If you are placing your order outside the United Kingdom, please take local legal advice to establish whether you have a right to change your mind and cancel your order under this section 16.
17. Faulty products – consumers
17.1. This section 17 only applies to you if you are a consumer in the United Kingdom. It will not apply to you if you are a business customer or if you are a consumer placing an order outside of the United Kingdom.
17.2. The products that the independent artist provides to you must be as described, fit for purpose and of satisfactory quality. The independent artist is under a legal duty to supply products that are in conformity with its contract with you.
17.3. If your products are faulty or misdescribed, please contact us as soon as reasonably possible.
17.4. During the expected lifespan of your product, you are entitled to the following:
(a) up to 30 days: if your product is faulty, you can get an immediate refund; and
(b) up to 6 months: if your product cannot be repaired or replaced, you are entitled to a full refund in most cases.
17.5. This is a summary of some of your key rights. They are in addition to your cancellation rights set out in section 13 of these T&Cs. For more detailed information on your rights, please visit the Citizens Advice website at citizensadvice.org.uk or call 0808 223 1133.
18. Faulty products – business customers
18.1. This section 18 only applies to you if you are a business customer. It will not apply to you if you are a consumer.
18.2. The independent artist will warrant that the products will, for a period of 3 months from the date of delivery, (the Warranty Period):
(a) conform in all material respects to their product descriptions on our website;
(b) be free from material defects in design, material and workmanship; and
(c) be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
18.3. As your sole and exclusive remedy, the independent artist will (at its option) repair, replace (where possible) or refund any products that do not comply with section 18.2, provided that:
(a) you notify us within the Warranty Period;
(b) you provide us with sufficient information as to the nature and extent of the defects;
(c) you give us and the independent artist reasonable opportunity to examine the defective products; and
(d) you return the defective products to the independent artist at your expense.
18.4. Except as set out in this section 18, we and the independent artist give no warranties and make no representations in relation to the products, and all warranties and conditions (including the conditions implied by ss.13-15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
19. Events beyond our control
We are not liable to you if we fail to comply with these T&Cs because of circumstances beyond our reasonable control.
20. Our liability to consumers
20.1. This section 20 only applies to you if you are a consumer. It will not apply to you if you are a business customer.
20.2. If we breach these T&Cs or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
20.3. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
20.4. Nothing in these T&Cs excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
21. Our liability to business customers
21.1. This section 21 only applies to you if you are a business customer. It will not apply to you if you are a consumer.
21.2. Subject to the below, our liability under or in connection with these T&Cs (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.
21.3. We will not be liable to you under or in connection with these T&Cs (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for consequential, indirect or special losses, or for any of the following (whether direct or indirect):
(a) loss of profit or loss of revenue;
(b) loss of contract or loss of business opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
21.4. Nothing in these T&Cs will limit or exclude our liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other losses which cannot be excluded or limited by law.
22. Your information
Any personal information that you provide to us will be dealt with in line with our privacy policy, available at sotamarketplace.co/pages/privacy-policy, which sets out what information we collect and hold about you, and how we collect, store, use and share such information.
23. Complaints
23.1. If you are unhappy with us or the products you ordered, please contact us by visiting the ‘Contact’ page of our website, sotamarketplace.co/pages/contact, and populating the form.
23.2. If you are a consumer and your complaint cannot be resolved by us directly, you may want to submit your complaint to ADR. ADR stands for ‘alternative dispute resolution’ and it is a process for resolving disputes that does not involve going to court. If you do not wish to use ADR, or you are unhappy with the outcome of ADR, you can still bring court proceedings.
24. Governing law and jurisdiction
24.1. If you are a consumer, the laws of England and Wales apply to these T&Cs, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
24.2. If you are a business customer, these T&Cs and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs, their subject matter or formation (including non-contractual disputes or claims).
25. General terms
25.1. You are not allowed to transfer your rights under these T&Cs to anyone without our prior written consent. We may transfer our rights under these T&Cs to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
25.2. If any provision of these T&Cs (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
25.3. If you breach these T&Cs and we take no action, we will still be entitled to use or enforce our rights and remedies in any other situation where you breach these T&Cs.
25.4. If you are a business customer, any variation to these T&Cs will not be binding unless expressly agreed in writing between you and us.
25.5. If you are a business customer, you and we both agree that these T&Cs constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these T&Cs in reliance on any representation or warranty that is not expressly set out in these T&Cs and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these T&Cs.