User Agreement

Artibaa Limited www.artibaa.com Last updated: 1 May 2025
1. Introduction
This User Agreement ("Agreement") is a legally binding agreement between you ("you" or "the User") and Artibaa Limited, a New Zealand registered limited liability company ("Artibaa," "we," "us," or "our"), governing your access to and use of the Artibaa Gallery platform at www.artibaa.com.
By accessing our website, submitting artwork, making an offer, or purchasing through our platform in any capacity, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not use our platform.
This Agreement applies to all users of the Artibaa platform, including artists who list their works and collectors who browse, offer on, or purchase artworks.
2. Eligibility
2.1 You must be at least eighteen (18) years of age to use the Artibaa platform in any capacity whether as an artist, a collector, or a general visitor making any form of transaction or enquiry.
2.2 By using our platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
2.3 If you are using the platform on behalf of a business or organisation, you represent that you have the authority to bind that entity to this Agreement.
3. No Account Registration Required
3.1 Artibaa does not currently require users to create an account or login to use the platform. Artists and collectors interact with the Gallery primarily via email communication.
3.2 All official communications between users and Artibaa Gallery must be directed to the appropriate email address:
● General and collector enquiries: admin@artibaa.com
● Artist enquiries and submissions: artists@artibaa.com
3.3 By submitting your personal information whether through our website, a Google Form, email, or any other channel you agree to the terms of this Agreement and our Privacy Policy, which is available at www.artibaa.com.
4. Artists: Specific Terms
4.1 Artists who wish to list their works on Artibaa Gallery must complete the Artist Profile Form and sign the Artist Listing Agreement (Memorandum of Understanding) provided by the Gallery. This User Agreement is a companion document to that MOU and should be read alongside it.
4.2 By submitting works to Artibaa Gallery, the Artist confirms that:
● All submitted works are original, authentic, and the Artist's own creation
● The Artist has full legal right to sell the works submitted
● All details provided about each artwork including title, medium, size, date, and condition — are accurate and complete
● The works submitted have not already been sold, transferred, or otherwise disposed of prior to submission
4.3 Artists must not list or attempt to sell through Artibaa any artwork that has already been sold through another channel. Doing so constitutes a serious breach of this Agreement and the Artist Listing Agreement and may result in immediate removal from the platform.
4.4 Artists acknowledge that Artibaa Gallery will actively market and promote their listed works across its online platform and social media channels, including Instagram, Facebook, and TikTok, in accordance with the rights granted under the Artist Listing Agreement.
4.5 Artists agree not to contact collectors directly for the purpose of bypassing the Gallery, negotiating sales outside the platform, or circumventing the commission structure set out in the Artist Listing Agreement. All artist-collector communication must be facilitated through Artibaa Gallery.
5. Collectors: Specific Terms
5.1 By making an offer or purchasing an artwork through Artibaa Gallery, the collector confirms that they are acting in good faith and with genuine intent to purchase.
5.2 When a collector purchases an original artwork through Artibaa Gallery, they are purchasing the physical artwork only. The purchase does not include:
● Copyright in the artwork
● Reproduction rights of any kind
● The right to produce, sell, or distribute prints, copies, or derivatives of the artwork
● Any intellectual property rights in the image or design of the artwork
All copyright and intellectual property rights in the artwork remain with the original Artist unless separately and explicitly agreed in writing.
5.3 Artibaa Gallery may, from time to time, offer prints of selected artworks for sale. Where a print is purchased, the collector is purchasing a physical print reproduction only. The same intellectual property restrictions in clause 5.2 apply to print purchases.
5.4 Collectors must not attempt to contact artists directly to negotiate a purchase, bypass the Gallery, or avoid the commission structure. All offers and negotiations must be conducted through Artibaa Gallery via admin@artibaa.com.
5.5 All offers made through the Artibaa platform must be genuine. Collectors must not submit false, manipulative, or bad-faith offers for the purpose of testing the system, inflating or suppressing prices, or disrupting the offer process for other users.
5.6 Once an offer has been accepted by both the collector and the artist and a sale is confirmed by the Gallery, the collector is bound to complete the purchase. Withdrawal from a confirmed sale without valid reason may result in the collector being restricted from using the platform in future.
6. The Offer Process
6.1 Artibaa Gallery gives collectors the opportunity to make offers on listed artworks. This system exists to facilitate sales and create flexibility in pricing negotiations between collectors and artists.
6.2 All offers are submitted through the Gallery and communicated to the relevant artist by Artibaa. The Gallery acts as an intermediary and does not guarantee that any offer will be accepted.
6.3 A sale is only confirmed once both the collector and the artist have agreed on a final price and the Gallery has issued a written sale confirmation. No binding sale exists until this confirmation is issued.
6.4 Artibaa Gallery reserves the right to decline, remove, or disregard any offer that it reasonably believes to be made in bad faith, is manipulative, or is otherwise in breach of this Agreement.
7. Pricing and Payments
7.1 Artibaa Gallery's primary currency of operation is New Zealand Dollars (NZD). Prices on the Artibaa Gallery platform will be displayed in NZD for users accessing the website from New Zealand. For users accessing the website from other parts of the world, prices will be displayed in United States Dollars (USD) for ease of reference. Regardless of the currency displayed, all transactions are processed and settled in NZD, which remains the binding currency for all sales. Any currency conversion is for display purposes only and actual amounts charged may vary slightly depending on exchange rates at the time of payment.
7.2 Payments by collectors are processed securely through Stripe. Artibaa does not store or have access to your payment card details. By making a payment through our platform, you also agree to Stripe's terms of service and privacy policy, available at stripe.com.
7.3 The final amount payable by the collector includes the agreed sale price of the artwork. Shipping costs are incorporated into the overall pricing structure and are deducted from the total amount received before proceeds are distributed. Collectors will be informed of all applicable costs before confirming a purchase.
7.4 Artists acknowledge that their earnings from each sale will be sixty per cent (60%) of the Net Proceeds being the Collector's Payment less applicable shipping fees — as set out in the Artist Listing Agreement.
8. Shipping and Delivery
8.1 Artibaa Gallery coordinates all shipping logistics for purchased artworks. Shipping arrangements may involve the artwork being sent to the Gallery's curator in Nigeria or New Zealand for vetting before onward delivery to the collector, depending on the transaction.
8.2 Artibaa will use commercially reasonable efforts to ensure artworks are delivered safely and within a reasonable timeframe. Estimated delivery timescales will be communicated to the collector at the time of sale confirmation.
8.3 Risk of loss or damage to the artwork passes to the collector upon confirmed delivery to the collector's stated shipping address.
8.4 Collectors are responsible for ensuring that their provided shipping address is accurate and complete. Artibaa accepts no liability for non-delivery or delayed delivery resulting from an incorrect address provided by the collector.
9. Returns and Refunds
9.1 Artibaa Gallery operates a 7-day return policy for collectors who receive an artwork that is damaged, faulty, or materially misrepresented. This policy is set out in full in our 7-Day Return Policy, available at www.artibaa.com.
9.2 This return policy is not a change-of-mind guarantee. Returns are accepted only where a verifiable fault exists as defined in the Return Policy document.
9.3 All return claims must be submitted to admin@artibaa.com within seven (7) calendar days of the confirmed delivery date, with photographic evidence of the fault.
10. Intellectual Property
10.1 All content on the Artibaa Gallery website including the Artibaa name, logo, branding, website design, text, and imagery is the property of Artibaa Limited and is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, or use any part of our website content without our prior written consent.
10.2 Artwork images displayed on our platform remain the intellectual property of the respective artists. They are displayed on the Artibaa platform under licence granted by the artist for marketing purposes only. Collectors, visitors, and third parties may not reproduce, download, or use artwork images without the explicit written permission of the relevant artist.
10.3 Nothing in this Agreement transfers any intellectual property rights in any artwork to a collector upon purchase, except for the physical ownership of the artwork itself.
11. Prohibited Conduct
11.1 All users of the Artibaa platform agree not to:
● Contact artists or collectors directly to negotiate or complete a sale outside of the Artibaa platform, for the purpose of bypassing the Gallery or avoiding commission obligations
● List, submit, or represent works that have already been sold or are no longer available
● Submit false, misleading, or manipulative offers through the platform
● Provide false or inaccurate information about themselves, their artworks, or their intentions at any point during their engagement with the Gallery
● Make repeated false claims under the return policy or any other provision of this Agreement
● Engage in any fraudulent activity in connection with the platform, including but not limited to payment fraud, identity fraud, or misrepresentation of artwork authenticity
● Use the platform in any way that violates applicable laws or regulations
● Harass, threaten, or engage in abusive behaviour toward Artibaa staff, artists, or collectors
12. Termination and Suspension of Access
12.1 Artibaa Limited reserves the right to restrict, suspend, or permanently ban any user from the platform at its sole discretion where that user has:
● Engaged in fraudulent activity of any kind in connection with the platform
● Made repeated false claims under the return policy or any other provision of this Agreement
● Attempted to bypass the Gallery to conduct transactions directly with artists or collectors
● Breached any other material provision of this Agreement or the Artist Listing Agreement
● Engaged in conduct that Artibaa reasonably believes to be harmful to the platform, its users, or its reputation
12.2 Where an artist is terminated or suspended, any artworks listed at the time of termination will be delisted from the platform. Any sales already confirmed and in progress at the time of termination will be completed in accordance with the terms of the Artist Listing Agreement.
12.3 Artibaa will notify the relevant user of any suspension or termination by email where reasonably practicable.
13. Limitation of Liability
13.1 To the fullest extent permitted by New Zealand law, Artibaa Limited shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with your use of the platform, including but not limited to loss of income, loss of data, or reputational damage.
13.2 Artibaa's total liability to any user in connection with this Agreement shall not exceed the total value of the transaction or transactions giving rise to the claim.
13.3 Artibaa does not guarantee that the platform will be available at all times, error-free, or free from interruptions. We will use reasonable efforts to maintain the platform but accept no liability for downtime or technical issues beyond our reasonable control.
14. Privacy
Your personal information is collected and handled in accordance with our Privacy Policy, available at www.artibaa.com. By using our platform, you consent to the collection and use of your information as described in that policy.
15. Governing Law
This Agreement is governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with this Agreement shall first be addressed through online mediation between the parties. If mediation is unsuccessful, the matter may be referred to the appropriate courts or dispute resolution bodies in New Zealand.
Nothing in this Agreement limits any rights you may have under applicable consumer protection laws in your own jurisdiction.
16. Changes to This Agreement
Artibaa Limited reserves the right to update or amend this User Agreement at any time. When we do, we will update the "Last updated" date at the top of this page. Continued use of the platform following any changes constitutes your acceptance of the updated Agreement. We encourage all users to review this Agreement periodically.
17. Contact Us
For any questions or concerns regarding this User Agreement, please contact us:
General and collector enquiries: admin@artibaa.com
Artist enquiries: artists@artibaa.com
Registered business: Artibaa Limited, New Zealand www.artibaa.com