Artue Policy

Article 1 (Purpose)

The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the company and members in relation to the use of the ARTUE service (the “Service”) provided by Habitus Associate Co., Ltd. (hereinafter referred to as the “Company”), by users who register as members and use the Service.

Article 2 (Definitions)

  1. The term “Service” refers to, regardless of the type of device used (including all wired and wireless devices such as PCs and mobile devices), the art transaction brokerage services, art sales services, services that provide members with functions to view and manage artworks they own, membership subscription services, on- and offline affiliated space usage services, and all related services provided by the Company.
  2. The term “Member” refers to an individual or corporation that enters into a service agreement with the Company in accordance with these Terms and uses the services provided by the Company.
  3. The term “Nickname (or ID)” refers to a combination of letters or numbers assigned by the Company to a Member for identification purposes after the Member agrees to these Terms and the Privacy Policy.
  4. The term “Gallery” refers to a partner gallery of the Company that has registered artworks on the Service.
  5. The term “Affiliated Business Operator” refers to a business entity that has entered into a separate agreement with the Company in order to trade “Affiliated Business Operator Sale Items” with Members through purchase, sale, or intermediary services provided on the Service (e.g., affiliated galleries or individual artist business operators).
  6. The term “Affiliated Business Operator Sale Items” refers to goods or services sold to Members by an Affiliated Business Operator pursuant to a separate agreement with the Company, which are distinct from “Artworks.”
  7. The term “Artist” refers to a Member of the Service who is the creator of an artwork registered on the Service.
  8. The term “Buyer” refers to a Member who has purchased an artwork through the Service.
  9. The term “Seller” refers to a person who resells an artwork purchased through the Service to other Members via the Service.
  10. The term “Collector” refers to a Member who has purchased at least one artwork through the Service.
  11. The term “Withdrawal of Subscription” refers to the withdrawal of subscription under Article 17, Paragraph 1 of the Act on Consumer Protection in Electronic Commerce, etc.
  12. The term “Ownership” refers to the ownership of an artwork, including the right of possession, the right of use, and the right of disposition.
    1. The term “Right of Possession” refers to the right to retain an artwork purchased through the Service without any time limitation.
    2. The term “Right of Use” refers to the right to display and appreciate an artwork purchased through the Service in its original form, or to post it on social networking services or public bulletin boards for non-commercial purposes.
    3. The term “Right of Disposition” refers to the right of a Member who has purchased an artwork through the Service to sell the ownership of the artwork to another Member of the Service.
Except as otherwise defined in these Terms, the definitions of terms used herein shall be governed by relevant laws and regulations and general commercial practices.

Article 3 (Posting and Amendment of the Terms)

  1. The Company shall post the contents of these Terms on the initial screen of the Service so that Members can easily become aware of them.
  2. The Company may amend these Terms to the extent that such amendments do not violate relevant laws and regulations, including the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Personal Information Protection Act.
  3. If the Company amends these Terms, it shall specify the effective date and reasons for the amendment and provide notice together with the current Terms in accordance with the method set forth in Paragraph 1, from 7 days prior to the effective date until the day immediately preceding the effective date. However, if the amendment is unfavorable to Members, the Company shall give notice at least 30 days prior to the effective date and additionally provide clear notification through electronic means such as email registered in the Member information.
  4. If the Company clearly notifies Members that failure to express an objection within the notice period will be deemed as consent, and a Member does not expressly indicate refusal or continues to use the Service, such Member shall be deemed to have agreed to the amended Terms.
  5. If a Member does not agree to the application of the amended Terms, the Company may not apply the amended Terms, and in such case, the Member may terminate the service agreement. However, if there are unavoidable circumstances in which the existing Terms cannot be applied, the Company may terminate the service agreement.

Article 4 (Interpretation of the Terms)

The Company may establish separate terms of use and policies for individual services (hereinafter referred to as the “Individual Terms, etc.”), and where the contents thereof conflict with these Terms, the Individual Terms, etc. shall prevail.
Matters not specified in these Terms shall be governed by the Act on the Regulation of Terms and Conditions (the “Terms Act”), the Act on Consumer Protection in Electronic Commerce, etc. (the “E-Commerce Act”), the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (the “Information and Communications Network Act”), the Consumer Protection Guidelines in Electronic Commerce, etc. prescribed by the Fair Trade Commission (the “Consumer Protection Guidelines”), and other relevant laws and regulations or customary practices.

Article 5 (Formation of the Service Agreement)

  1. The service agreement shall be formed when a person who intends to become a Member (hereinafter referred to as the “Applicant”) agrees to the contents of these Terms, submits an application for membership, and the Company accepts such application. In principle, the Company shall accept the Applicant’s request to use the Service. However, the Company may refuse acceptance of, or may terminate the service agreement after acceptance for, any application falling under any of the following cases:
    • Where the Applicant has previously lost membership qualification under these Terms
    • Where the application is made by misappropriating another person’s name or identity
    • Where false information is provided, or information requested by the Company is not provided
    • Where a child under the age of 14 applies for membership without obtaining the consent of a legal representative (such as a parent)
    • Where a business operator (including sole proprietors; hereinafter referred to as a “Business Operator”) applies for use of the Service
    • Where acceptance is impossible due to reasons attributable to the user, or where the application is made in violation of other prescribed matters
    • Where the use of the Service constitutes or poses a risk of constituting a violation of laws other than those of the Republic of Korea that are effective in the Member’s place of residence
    • Where it is determined that the Service is intended to be used for anti-social or illegal purposes
    • Where required materials and information are not submitted or are submitted falsely
    • Where membership is otherwise deemed inappropriate
  2. The Company may withhold acceptance if there is no available capacity in service-related facilities, or if there are technical or operational issues.
  3. If the Company refuses or withholds acceptance of a membership application, it shall, in principle, notify the Applicant thereof.
  4. The service agreement shall be deemed effective at the time when the Company indicates completion of the registration process.
  5. The Company may classify Members into different grades in accordance with Company policies and differentiate the use of the Service by, for example, setting limits on usage time, frequency, or service menus.
  6. In connection with the application under Paragraph 1, the Company may request corporate verification and/or identity authentication either directly or through specialized institutions.

Article 6 (Obligations Regarding the Management of the Member’s ID and Password)

  1. Responsibility for managing a Member’s ID and password rests solely with the Member, and the Member shall not allow any third party to use them.
  2. If a Member’s ID is deemed to pose a risk of personal information leakage, or is likely to cause confusion with the Company or its operators, or where otherwise necessary to protect Members and the Service, the Company may restrict the use of such ID.
  3. If a Member becomes aware that their ID and/or password has been stolen or is being used by a third party, the Member shall immediately notify the Company and follow the Company’s instructions.
  4. The Company shall not be liable for any disadvantages incurred due to the Member’s failure to notify the Company of such fact, or failure to follow the Company’s instructions even after notification, as set forth in Paragraph 3.

Article 7 (Restrictions on Use, etc.)

  1. If a Member violates these Terms or relevant laws, or interferes with the normal operation of the Service, the Company may progressively restrict the Member’s use of the Service by taking measures such as warnings, temporary suspension, permanent suspension, or termination of the service agreement (including restrictions on re-registration) (hereinafter collectively referred to as “Restrictions on Use, etc.”).
  2. Notwithstanding the preceding paragraph, the Company may, based on the seriousness or urgency of the matter and its impact on the Service, immediately impose temporary suspension, permanent suspension, or termination of the service agreement (including restrictions on re-registration) without taking step-by-step measures such as warnings in response to a Member’s breach of obligations or interference with the operation of the Service.
    In particular, in cases where there is a material impact on the Service due to violations of relevant laws—such as identity theft or payment fraud in violation of the Resident Registration Act, provision of illegal programs and interference with operations in violation of the Copyright Act, or illegal communications, hacking, distribution of malicious programs, or exceeding access authority in violation of the Information and Communications Network Act—the Company may immediately impose permanent suspension. Acts subject to permanent suspension are not limited to the foregoing. In the event of permanent suspension under this paragraph, all points and other benefits obtained through use of the Service shall be forfeited, and the Company shall not provide any separate compensation.
  3. The reasons for Restrictions on Use, etc. under this Article include, but are not limited to, the following matters. The specific conditions and details of such restrictions shall be governed by these Terms, the operational policies, and the terms of use or operational policies for individual services.
    • Trading of counterfeit-determined artworks exceeding a specified number of times
    • Attempts at unfair transactions (including price manipulation or self-dealing)
    • An active account confirmed to belong to the same individual as a Member who owns an account currently under suspension
    • Use of the Service by a business operator that is not an “Affiliated Business Operator”
    • Violations of these Terms or relevant laws, including the grounds set forth in each item of Article 21, Paragraph 2
  4. A Member may file an objection to Restrictions on Use, etc. taken under this Article in accordance with the procedures prescribed by the Company. If the Company determines that such objection is justified, it shall immediately reinstate the Member’s use of the Service.

Article 8 (Cancellation, Termination, etc. of the Agreement)

  1. A Member may apply for termination (withdrawal) of the service agreement at any time through the customer service center or the account information management menu, and the Company shall process such request immediately in accordance with applicable laws and regulations. However, termination (withdrawal) may be restricted in the following cases:
    1. Where termination of the service agreement is deemed inappropriate—such as when there are unpaid service fees or penalty amounts imposed on the Member, when there remain “negative (-) points” under Article 16, Paragraph 3 of these Terms, or when a dispute between the Company and the Member is ongoing—termination (withdrawal) may be restricted until the relevant reasons are fully resolved.
    2. If there is an ongoing transaction, inquiry, or complaint, or if measures such as Restrictions on Use have been imposed pursuant to Article 7 of these Terms, the Member may not apply for termination (withdrawal). In such cases, withdrawal and termination of the service agreement shall be permitted only after the relevant matters have been fully resolved, in accordance with these Terms and the operational policies.
  2. If a Member terminates the agreement, all data of the Member shall be deleted immediately upon termination, except where the Company is required to retain member information in accordance with applicable laws and the Privacy Policy.
  3. Termination (withdrawal) of the service agreement shall not affect any responsibilities arising in relation to goods transacted by the Member prior to termination, nor shall it affect existing rights and obligations, including claims for damages, that have already arisen in relations between the Company, transaction counterparties, and other parties.

Article 9 (Use of the Service)

  1. In principle, the Company shall provide the Service 24 hours a day, 7 days a week, throughout the year.
  2. The Company may temporarily suspend the provision of the Service in cases such as inspection, maintenance, replacement, or failure of information and communications facilities (including computers), communication outages, or other substantial operational reasons. In such cases, the Company shall notify Members in accordance with the method prescribed in Article 20. However, if prior notice is unavoidable, the Company may provide notice after the fact.
  3. The Company may conduct regular inspections as necessary for the provision of the Service, and the timing of such inspections shall be as announced on the Service provision screen or otherwise. During regular inspections, restrictions on use of part or all of the Service may occur, and unless such restrictions are caused by the Company’s intent or negligence, the Company shall not be liable for any damages arising therefrom.
  4. The Company shall not be liable, unless due to its intent or negligence, for any restrictions on certain functions within the Service caused by failures or inspections of third-party services linked to the Service. In such cases, the Company shall announce or notify Members of the relevant facts.
  5. The Company may charge fees or commissions for a Member’s use of the Service. Specific details shall be governed by these Terms and the Company’s operational policies, and the Company shall notify Members of such fees prior to any transaction.

Article 10 (Description of the Service)

1. Brokerage, Sale, and Transaction Services for Artworks
This refers to all mail-order brokerage services, mail-order sales services, and related ancillary services whereby the Company registers “Artworks” provided by “Affiliated Business Operators,” “Artists,” or “Galleries,” or directly provided by the Company, and sells physical “Artworks.” It also refers to all online brokerage services and related ancillary services provided by the Company that enable Members who have purchased “Artworks” through the Service to use the Service again to conduct transactions of “Artworks” between individual Members. Transactions of “Artworks” may be concluded either through bidding or through immediate transactions at prices set by the “Seller” and the “Buyer.”
2. Information Services
This refers to services provided by the Company to enable Members to use artwork transaction and brokerage services quickly and conveniently by aggregating Members’ transaction records, including artwork ownership status and verification functions, sales information, purchase information, transaction history, creditworthiness, and member information.
3. Other Information Services
This refers to information services, communities, and other internet services provided online to Members by the Company through services other than the “Artwork” services.

Article 11 (Modification and Suspension of the Service)

  1. The Company may modify all or part of the Services provided, as necessary for operational or technical reasons, in any of the following cases or where there is reasonable cause to suspect that such circumstances exist:
    1. Where illegal activities occur through the Service
    2. Where reasons arise such as inspection, replacement, or failure of information and communications facilities (including computers), or communication disruptions
    3. Where unavoidable circumstances arise due to maintenance of facilities required for the Service
    4. Where normal use of the Service is impeded due to power outages, failures of various facilities, or excessive usage
    5. Where nationwide or regional network failures occur
    6. Where unavoidable circumstances arise that prevent the provision of the Service due to business-related reasons
    7. Where force majeure events occur, such as natural disasters, national emergencies, or regulatory or policy-based restrictions or limitations under the laws or policies of each country
  2. In the event of service suspension under Paragraph 1, the Company shall provide prior notice via the internet or notify Members in accordance with the method prescribed in Article 20 (Notification to Members).
  3. The Company may modify, suspend, or change part or all of the Services provided as necessary due to Company policies or operational needs, and if a Member does not agree to such changes, the Member may express refusal to the Company and terminate the service agreement.
  4. The Company may modify, suspend, or change part or all of various promotional events—such as free commissions, free shipping, or additional settlements—if the applicable promotional budget is exhausted early or as necessary due to Company policies or operational needs, and shall not provide separate compensation to Members in connection therewith.
  5. The Company shall not be liable for any issues arising from changes to or suspension of the Service unless such issues are caused by the Company’s intent or negligence.

Article 12 (Attribution of Rights)

  1. Copyrights and intellectual property rights to the Service belong to the Company; provided, however, that Members’ “Posts” and works provided pursuant to affiliation agreements are excluded.
  2. In connection with the Service, the Company grants Members only the right to use accounts, IDs, Points, and the like in accordance with the usage conditions set by the Company, and Members may not assign, sell, pledge, or otherwise dispose of such rights.
  3. Members shall not attempt to circumvent or modify security technologies or software used in providing the Service, and any improper use of the Service or the technologies or software required therefor, or any act encouraging others to do so, is prohibited. If a Member engages in such acts, all responsibility arising therefrom shall rest solely with the Member.

Article 13 (Obligations of the Company)

  1. The Company shall not engage in any acts prohibited by applicable laws or these Terms, and shall make its best efforts to provide the Service continuously and stably.
  2. The Company shall establish security systems to protect personal information (including credit information) so that Members may safely use the Service, and shall disclose and comply with its Privacy Policy.
  3. Where the Company determines that opinions or complaints raised by Members in connection with use of the Service are justified, it shall process such matters. The Company shall communicate the process and results of handling such opinions or complaints to the Member via bulletin boards, email, or other appropriate means.

Article 14 (Disclaimer of Agency)

  1. Where the Company brokers transactions of Artworks, the Company acts solely as an intermediary and not as a party to the Artwork transactions, and bears only responsibility for operating and managing the system to provide efficient services for transactions between Members. The Company does not act as an agent for either the Buyer or the Seller in connection with Artwork transactions. Any transactions concluded between Members and any information provided or registered by Members shall be the sole responsibility of the relevant Members.
  2. Where the Company brokers transactions of Affiliated Business Operator Sale Items, the Company acts solely as an intermediary and not as a party to such transactions, and bears only responsibility for operating and managing the system to provide efficient services for transactions between Members and Affiliated Business Operators. The Company does not act as an agent for either the Affiliated Business Operator or the Member in connection with transactions of Affiliated Business Operator Sale Items. With respect to transactions concluded between Members and Affiliated Business Operators and information provided or registered by Affiliated Business Operators, the Affiliated Business Operator shall bear responsibility as a mail-order business operator, and both the Member and the Affiliated Business Operator shall bear responsibility as parties to the transaction.

Article 15 (Disclaimer of Warranties)

  1. Where the Company brokers Artwork transactions, the Company does not warrant any matters whatsoever in connection with transactions between Buyers and Sellers conducted through the systems provided by the Company, including the existence or authenticity of the intent to sell or purchase, the quality, completeness, safety, legality, or non-infringement of third-party rights of registered Artworks, or the truthfulness or legality of information entered by Buyers or Sellers or materials posted at URLs linked through such information. If a Seller intentionally misrepresents information regarding an Artwork, all responsibility shall rest with the Seller.
  2. Where the Company brokers transactions between Members and Affiliated Business Operators, the Company provides no warranties of any kind with respect to transactions conducted through the systems provided by the Company, including the existence or authenticity of the intent to sell or purchase, the quality, completeness, safety, legality, or non-infringement of third-party rights of registered Affiliated Business Operator Sale Items, or the truthfulness or legality of information entered by Members or Affiliated Business Operators or materials posted at URLs linked through such information. If an Affiliated Business Operator fails to accurately disclose information regarding an Artwork due to its intent or negligence, all responsibility shall rest with the Affiliated Business Operator.
  3. No inspection services or warranties related to inspection are provided by the Company with respect to Affiliated Business Operator Sale Items.
  4. Sellers and Affiliated Business Operators shall, at their own responsibility, comply with all procedures necessary for the sale of Artworks, including payment of taxes, so as not to violate applicable laws such as the Customs Act. The Company shall not be responsible for any violations of laws arising from the registration or sale of Artworks by Sellers or Affiliated Business Operators.

Article 16 (Obligation to Protect Personal Information)

The Company may collect information such as the Applicant’s email address during the process of entering into the service agreement, and shall make efforts to protect Members’ personal information in accordance with the Personal Information Protection Act and other applicable laws. The protection and use of personal information shall be governed by applicable laws and the Company’s Privacy Policy.

Article 17 (Notification to Members)

  1. Unless otherwise specified in these Terms, any notice given by the Company to a Member may be delivered via the email address designated by the Member, SMS, in-service electronic memos, messages, or other similar means.
  2. In the case of notices to all Members, the Company may substitute the notice under Paragraph 1 by posting such notice on the Company’s notice board for at least seven (7) days.

Article 18 (Improper Conduct)

  1. If a Member engages in improper conduct that violates matters specified in these Terms, applicable laws, or general principles of commercial transactions, the Company may impose sanctions on the Member’s use of the Service in accordance with Articles 7 and 8 of these Terms, and may, if necessary, hold the Member civilly and/or criminally liable pursuant to applicable laws. Members are therefore advised to exercise caution when using the Service.
  2. If a Member engages in any of the following improper acts, the Company may, without prior notice, delete the content registered by such Member, restrict the Member’s use of the Service, or revoke the Member’s qualification:
    • Altering information posted by the Company
    • Infringing the copyrights or other intellectual property rights of the Company or third parties
    • Damaging the reputation of, or interfering with the business of, the Company or third parties
    • Posting or disclosing obscene or violent messages, images, audio, or other information that violates public order or morals through the Service
    • Transmitting or posting information (including computer programs, etc.) other than information designated by the Company
    • Reproducing, storing, processing, distributing, or providing to third parties the results or data of the Service (including all data such as Member information and Service content) beyond the scope permitted under these Terms, without prior consent of the Company
    • Using the Service for commercial gain or commercializing Artworks
    • Creating identical creative works inside or outside the Service
    • Using the Service beyond the scope scheduled or permitted by the Company
    • Registering false information on the Service
    • Registering items unsuitable for transaction
    • Excessive or exaggerated advertising (including spam promotional posts or repetitive postings)
    • Posting commercial advertisements without the Company’s approval (including self-promotion by sole proprietors or corporations)
    • Posting content written in exchange for compensation without disclosing such fact in accordance with the review and endorsement disclosure guidelines
    • Fraudulent payment activities (including the unauthorized use of another person’s name, card information, or account information to use purchase services provided by the Company)
    • Exploiting system errors for personal gain without notifying the Company (such as repeatedly verifying with the same phone number to obtain points)
    • Using another person’s phone number or email address, or entering false email information, to obtain benefits
    • Interfering with the Company’s business or other similar acts deemed necessary by the Company to regulate
    • Forging or altering inspection completion certificates, or reusing such certificates for other products or goods
    • Conducting transactions or placing orders using another person’s personal information
    • Entering into a product sales contract through channels other than the Service and then using the Service to directly ship the product to the buyer under such contract
    • Using all or part of the Company’s Service images, trademarks, or copyrighted works in a manner that may cause confusion with, or falsely suggest an affiliation with, the Company despite the absence of a contractual or cooperative relationship
    • Using or attempting transactions on the Service by a business operator that is not an “Affiliated Business Operator”
    • Attempting unfair transactions (including price manipulation or self-dealing)
    • Violating applicable laws, these Terms, usage guidelines, precautions announced in connection with the Service, or matters notified by the Company
  3. Members acknowledge and agree that, with respect to attempts or execution of transactions such as “abnormally high-priced transactions” or “abnormally low-priced transactions,” regardless of the form of the transaction (including consignment sales), the Company may, without prior notice, (1) if prior to transaction conclusion, delete or cancel the registered content, bids, or attempts, or impose transaction restrictions, and (2) if after transaction conclusion, cancel the concluded transaction after confirming the intent of the counterparty Member (meaning the Buyer in the case of an abnormally high-priced transaction, and the Seller in the case of an abnormally low-priced transaction).
  4. Members understand and agree that the cancellation or other measures taken with respect to attempts or execution of “abnormally high-priced transactions” or “abnormally low-priced transactions” under Paragraph 3 are unavoidable measures taken by the Company to prevent accidents caused by operational errors or mistakes by Members, and to prevent various transaction incidents and unfair trading practices, including attempts to induce operational errors or manipulate market prices. Specific matters regarding the cancellation of such transactions shall be governed by the applicable usage policies.
  5. The Company shall determine whether a transaction constitutes an “abnormally high-priced transaction” or an “abnormally low-priced transaction” subject to cancellation under Paragraph 3 by considering factors such as the bid or concluded price of the Artwork in question, past transaction prices of such Artwork, and the sale prices set by the artist or major galleries.
  6. Neither the Company nor the counterparty Member (meaning the Buyer in the case of an abnormally high-priced transaction, and the Seller in the case of an abnormally low-priced transaction) shall bear any obligation or liability whatsoever, including obligations related to re-concluding, re-processing, re-bidding, purchasing or selling the Artwork, or compensation for damages (including matters related to price fluctuations), in connection with the deletion, cancellation, transaction restriction measures, or cancellation of concluded transactions taken pursuant to Paragraph 3.

Article 19 (Eligible Items for Transaction and Registration of Products)

  1. Members shall conduct transactions only for items such as paintings and sculptures that the Company has designated as eligible for transaction, and the Company shall inform Members of the eligible items and lists thereof by posting notices or by designating (or restricting) registrable products so that Members may become aware of them.
  2. Only Artworks designated by the Company as eligible for registration may be traded through the Service. Members shall not trade items that do not fall within the category of eligible items (hereinafter referred to as “Ineligible Items”) through the Service. The Company shall not bear any service, inspection, or warranty obligations with respect to Ineligible Items. If a Member registers an Ineligible Artwork, the Company may, without prior notice, delete the registered content and restrict the Member’s use of the Service or revoke the Member’s qualification.
  3. When registering an Artwork, Members are encouraged to include receipts or transaction records evidencing the purchase of the Artwork, as well as certificates of authenticity (hereinafter referred to as “Receipts, etc.”). However, given the nature of the Service, which trades artworks, Members are not required to mandatorily register receipts or similar documents received at the time of purchase. Buyers agree that Artworks may not include Receipts, etc., and neither the Company nor the Seller shall be liable for any disadvantages arising from the absence of such Receipts, etc., including the inability to resell the Artwork at a later time.

Article 20 (Submission of Transaction Requests and Formation of Contracts, etc.)

  1. In order to facilitate smooth transactions of Artworks registered by Sellers, the Company may feature such Artworks through various promotional channels, including SNS (Instagram, Facebook, Twitter, etc.), blogs, and community sites. However, if a Member does not wish their Artwork to be featured, the Member may request that the Company exclude the Artwork from exposure through such promotional channels.
  2. A Buyer or Seller may freely set the price of the Artwork they wish to buy or sell, and where acceptance of a transaction request—such as for sale or purchase—is made by mutual agreement between the Seller and the Buyer, the transaction shall be deemed concluded (a “Transaction Concluded”).
  3. Notwithstanding the preceding paragraph, in the case of Affiliated Business Operator Sale Items, the sales contract is formed when the Company, having been entrusted by the Affiliated Business Operator, sends a confirmation of receipt notice in response to the Member’s purchase request. Such confirmation of receipt notice shall include, among other things, confirmation of the Member’s purchase request, information on availability for sale, and information on correction or cancellation of the purchase request.
  4. The Company may refuse to accept a Member’s purchase request for Affiliated Business Operator Sale Items in any of the following cases: where the application contains false information, omissions, or typographical errors; where a minor purchases products or services that minors are not permitted to purchase under applicable laws; where the product is out of stock; where the purchase request constitutes a violation of these Terms (including improper conduct under Article 21); or where acceptance of the purchase request is deemed to cause significant technical difficulties for the Company.
  5. If it is confirmed that a minor has registered and is selling a product on the Service without obtaining consent from a legal representative, the Company may terminate the contract without prior notice.
  6. A Member may delete or modify information regarding a product registered by the Member as a Seller before a Transaction Concluded is formed.
  7. A Member may register an Artwork price for the purpose of selling a product, and may withdraw the registered Artwork at any time prior to a Transaction Concluded. After a Transaction Concluded, cancellation shall be permitted only upon payment of a cancellation fee determined by the Company, and the Company shall provide notice of such cancellation fee through separate announcements, notices, or other means.
  8. In accordance with the E-Commerce Act, the Company shall enable the parties to a transaction to access information about the counterparty, and if the Seller or Buyer requests legally prescribed information such as the other party’s name or phone number, the Company may provide such information.

Article 21 (Service Fees)

  1. The “Service Fees” charged by the Company are usage fees imposed in connection with using various Services such as the sale, brokerage, and inspection of Artworks, and may be charged upon completion of a transaction, upon payment/disbursement of funds, or upon provision of ancillary services, etc. The Company shall determine the Service Fees for the Services provided to Members by considering factors such as service provision costs, market conditions, handled items, and transaction methods.
  2. The Company shall separately post the specific details of each Service and service fees (including service content, method of use, duration, fee rate, etc.) on the notices section of the Artue site or on the seller/buyer screens.
  3. A. Transaction Completion Fees and Penalties, etc.
    1) Transaction fees shall be charged to the Seller and the Buyer who traded an Artwork through the system provided by the Company, as set forth below. If payment of the fee fails or the fee is not properly paid, the relevant Seller’s or Buyer’s conclusion of a Transaction Concluded shall be restricted, and the effectiveness of the relevant transaction and any attempted transaction such as bids shall not be recognized.
    • The Company may deduct the amount corresponding to the Seller’s transaction fee when settling and paying the sales proceeds for the relevant Artwork to the Seller.
    • When the Buyer makes payment for the purchase price of an Artwork, the Company may charge an amount equal to the purchase price plus the Buyer’s transaction fee. (The payment method, etc. is the same as described in Article 25.)
    2) In the case of a Seller or Buyer who is at fault, the transaction fee may not be refunded regardless of whether the transaction has been finally completed or whether a return has been made. However, if the Seller or Buyer is charged a cancellation fee or penalty due to such fault, the Company may refrain from separately charging the transaction fee or may refund the transaction fee.
    3) Due to the characteristics of the Service, which provides a bidding method and guarantees authenticity, if a transaction is cancelled due to the Seller’s fault—such as delayed or refused shipment by the Seller, failure to pass inspection, or cancellation of the sale by the Seller—an additional cancellation fee or penalty may be imposed on the Seller. In addition, if the transaction is cancelled due to the Seller’s fault and the Company has provided coupons, credits, or other benefits to the Buyer for the sale of the relevant Artwork, the Company may demand repayment of such amounts. For Sellers, cancellation fees or penalty fees shall be automatically charged to the card registered by the Seller.
    B. If a Member has registered a card as the payment method for penalties, penalty fees shall be automatically charged to the Member’s registered card when the conditions for imposing a penalty occur, pursuant to the following provisions agreed to by the Member. 1) The Member understands and agrees that, if a penalty fee occurs pursuant to the “Penalty Imposition Rules” agreed to when registering a product as a Seller, the penalty fee may be charged without any separate authentication process.
    2) If payment fails at the time of automatic payment due to issues such as the validity or limit of the Member’s credit card, the amount shall be treated as outstanding, and the Member’s use of the Service may be restricted until the outstanding amount is successfully paid.
    3) If an outstanding amount occurs pursuant to Item 2, the Member understands and agrees that the Company may, (i) in accordance with Company policies, attempt re-payment using the Member’s registered payment method without separate notice to the Member, or (ii) upon the occurrence of a new sales transaction by the Member, withhold settlement of the transaction proceeds or settle after deducting the amount of previously incurred penalty fees.
    4) If payment fails due to a system error at the time of payment, the Company will retry payment once the system is restored, without separate notice to the Member.
    C. The Company may establish or change Service Fees as necessary, and may discount Service Fees for certain products within the scope of service usage fees to promote sales activity. In addition, the Company may reduce or waive Service Fees for certain sellers in accordance with specific standards and procedures determined by the Company and announced in advance via notices, taking into account factors such as sales performance and Member characteristics.

Article 22 (Payment)

  1. A sales contract for an Artwork is formed when a Member, in response to the sales conditions for the Artwork presented by the Company or the Seller, expresses an intention to purchase as the Buyer, or when the Seller, in response to the Buyer’s purchase conditions, expresses an intention to sell.
  2. A sales contract for an Affiliated Business Operator Sale Item is formed when a Member expresses an intention to apply to purchase in response to the sales conditions presented by the Affiliated Business Operator, and the Company, having been entrusted by the Affiliated Business Operator, accepts such application in the form of a confirmation of receipt notice under Article 23, Paragraph 3.
  3. The Company provides methods by which a Member may pay the purchase price by cash, card, or other means. However, in order to prevent manipulation of a Member’s creditworthiness or disruption of Artwork pricing, the Company may unavoidably allow only certain payment methods such as card payments, and for this purpose may require that card information be registered in advance prior to concluding a Transaction Concluded or expressing an intention to subscribe to purchase an Affiliated Business Operator Sale Item. With respect to payment of the purchase price, all responsibility and disadvantages arising from information entered by the Buyer or Member shall be borne solely by the Buyer or Member.
  4. Due to the nature of the Service, which allows bidding transactions for Artworks whose prices fluctuate, payment will be processed using the registered card upon conclusion of a transaction through bidding or upon an immediate purchase, in order to prevent false transactions. If the purchase price is not paid within a certain period after ordering a product, the Company may cancel the order without the Member’s consent.
  5. If the purchase price for an Affiliated Business Operator Sale Item is not successfully paid, the Company may cancel the order without the Member’s consent.
  6. The Company shall take measures so that the Buyer may confirm the details of the Artwork sales contract and the Affiliated Business Operator Sale Item sales contract through the purchase history, and shall provide guidance on methods and procedures for cancelling such contracts.
  7. The Company may verify whether the Buyer or Member has legitimate authorization to use the payment method used when paying the purchase price, and may suspend the transaction until such verification is completed, or may cancel the relevant transaction if verification is not possible. In particular, in the case of high-value payments, the card issuer may call to confirm for security purposes. If, during the verification process, the order is deemed not to be a legitimate order—such as the use of a stolen card or an order under another person’s name—the Company may withhold or cancel the order at its discretion.
  8. The Company shall not be responsible for failed purchases of Artworks or Affiliated Business Operator Sale Items due to insufficient check card balance, registration of an expired card, or payment made by another person.
  9. The Member shall bear responsibility for all matters arising in connection with information entered by the Member regarding payment for an Artwork or an Affiliated Business Operator Sale Item.

Article 23 (Handling of Artworks After Transaction Conclusion)

  1. Order processing requires time for the Buyer’s credit card authorization, the Seller’s shipment, the Company’s authentication/inspection determination of the Artwork, and packaging of the ordered Artwork. After order processing, the Artwork will be delivered from the Company to your shipping address.
  2. Despite the Company’s best efforts to ship in accordance with the stated processing time, the availability schedule of an Artwork may change at any time due to the Seller’s delayed shipment, the time required for authentication/inspection, internal circumstances of the delivery company, or force majeure events such as severe weather and natural disasters.
  3. Inquiries regarding orders by a Member or Buyer may be made by contacting the Company’s customer service center (contact@artue.io) or through the 1:1 inquiry function within the Service.

Article 24 (Inspection, etc.)

  1. The Company operates a separate inspection center. In principle, for Artworks delivered by the Seller after a Transaction Concluded, the Company shall conduct thorough inspections through an expert group at the inspection center operated by the Company. During the inspection process, the sale may be rejected due to reasons such as defects in the Artwork, missing components, size errors, or a determination that the item is a counterfeit.
  2. The inspection standards shall follow the details separately notified within the Service. However, among matters other than authenticity, any matters that are not specified in the inspection standards provided by the Company or that fall within the scope of the inspection standards shall not be included in the scope of guarantees provided upon passing inspection, and the Company shall not be responsible therefor.
  3. Due to the nature of Artworks, the Company shall not deem the absence of receipts or similar documents included with an Artwork as constituting an “Inspection-Failed Artwork,” and the Company shall not treat an Artwork sold by a Seller without including receipts or the like as an “Inspection-Failed Artwork.”
  4. If, based on the comprehensive inspection by the expert group, an Artwork is conclusively determined to fall below the inspection standards (including being determined to be a counterfeit, an “abnormal Artwork,” missing components, size errors, etc.; hereinafter referred to as an “Inspection-Failed Artwork”), the sale shall be immediately suspended and the transaction shall be cancelled. The Inspection-Failed Artwork shall be returned to the Seller without delay, and penalty fees, etc. shall be imposed in accordance with the penalty imposition rules notified in advance. In addition, a Seller deemed to intentionally sell an “abnormal Artwork” or a counterfeit that violates the Trademark Act may, in addition to penalties, have their use of the Company’s Service temporarily or permanently restricted.
  5. Where a registered and shipped Artwork is returned because it constitutes an Inspection-Failed Artwork, the Company shall return it only to the address initially registered by the Seller, and does not guarantee the return of any receipts sent by the Member together with the Artwork.
  6. With respect to items determined to be counterfeit among Inspection-Failed Artworks, the Company may report the matter to investigative authorities on suspicion of violations of applicable laws such as the Trademark Act, and the relevant item determined to be counterfeit may not be returned to the Member due to submission to, seizure by, or other actions by investigative authorities.
  7. No inspection services or warranties related to inspection are provided by the Company with respect to Affiliated Business Operator Sale Items.

Article 25 (Shipping, etc.)

  1. For transactions between a Seller and a Buyer, after receiving confirmation of a Transaction Concluded, the Seller shall ship the relevant Artwork in a manner that enables the Company to track delivery status, with support for entering shipment information provided, within the time period notified by the Company through notices or separate guidance. The Seller must accurately enter shipping information into the system provided by the Company after completing shipment of the Artwork. If shipping information is entered incorrectly or falsely, if the Artwork is shipped in a manner that prevents the Company from tracking delivery status, or if shipment of the Artwork is delayed, the Seller may suffer disadvantages such as contract termination, imposition of penalties, or restrictions on selling eligibility. In cases of force majeure such as public holidays and other non-business days, natural disasters, holiday seasons, or strikes by delivery companies, the relevant period shall be excluded from the delivery lead time. In principle, the Seller shall bear the shipping costs, and if cash-on-delivery is selected when shipping the Artwork, the Company may deduct shipping costs from the transaction amount or charge the card registered for the purpose of imposing penalty fees under Article 24.
  2. The Seller shall arrange shipment using the best available method, and if a shipping issue occurs, shall notify the Company without delay so as to prevent damages to the Company and the Buyer. If damages occur due to delay in notification, the Seller may have an obligation to compensate depending on the Seller’s fault.
  3. For Artworks traded between Members, the Company shall receive the Artwork from the Seller and conduct inspection, and if the Artwork passes inspection, the Company shall ship the Artwork to the Buyer without delay. The Buyer’s shipping fee shall be charged at the time of the initial payment for the Artwork, but may exceptionally be waived based on purchase history, events, or similar reasons.
  4. Artworks that have completed inspection are typically delivered within 2–5 business days after inspection completion. Overseas shipping is, in principle, not available, and delivery is available only to addresses within the Republic of Korea. In addition, delivery to remote or island areas may be delayed depending on the circumstances of the delivery company.
  5. Once an Artwork has been packaged, the delivery address cannot be changed. It may be difficult to assist with changes to information during the delivery process, and upon completion of delivery, all rights and responsibilities regarding loss of the Artwork shall lie with the Buyer and any authorized recipient.
  6. If an Artwork that has passed the Company’s inspection and has been shipped to the Buyer is lost or damaged due to an incident during delivery (including damage, contamination, theft, etc.), the Buyer shall be compensated in accordance with the compensation policy of the delivery company responsible for the incident. Where necessary for the compensation process, the Company or the delivery company responsible for the incident may receive the physical Artwork from the Buyer to verify the extent of the loss or damage. The scope of compensation shall follow the delivery company’s compensation policy, but shall not exceed the transaction amount agreed between the Seller and the Buyer.
  7. The Company shall determine and pay the compensation amount to the Buyer within 30 days from the date it receives the physical Artwork pursuant to the preceding paragraph. If the Company expects that it will not be able to pay the compensation within 30 days, the Company shall notify the Buyer without delay of such fact and the expected processing schedule.
  8. Shipping matters relating to Affiliated Business Operator Sale Items shall not be subject to this Article, and shall be handled in accordance with the contents notified by the Affiliated Business Operator on the individual sales page for the relevant Affiliated Business Operator Sale Item. However, if no separate notice is provided on such sales page, the following items shall apply in principle:
    • The estimated delivery period stated on the sales page for an Affiliated Business Operator Sale Item means the period from the day after the date of deposit or payment confirmation until delivery is completed (excluding any period of force majeure such as natural disasters, holiday seasons, or delivery company strikes).
    • In principle, the Company shall guide the Affiliated Business Operator to take necessary shipping measures within three (3) business days after the Affiliated Business Operator receives the Company’s confirmation notice of the Member’s deposit or payment.
    • Overseas shipping is, in principle, not available, and delivery is available only to addresses within the Republic of Korea. In addition, delivery to remote or island areas may be delayed depending on the circumstances of the delivery company.
    • Once an Affiliated Business Operator Sale Item proceeds to the shipping preparation stage, the delivery address cannot be changed. It may be difficult to assist with changes to information during the delivery process, and upon completion of delivery, all rights and responsibilities regarding loss of the Affiliated Business Operator Sale Item shall lie with the relevant Member and any authorized recipient.
  9. If a Member applies for the “Buyer Storage/Consignment Sales Service,” the Company shall not ship the product to the Member, and shall provide the Buyer Storage/Consignment Sales Service upon normal completion of the relevant transaction for such product.

Article 26 (Storage/Consignment Sales Service)

  1. Taking into account factors such as past transaction history, the Company may, upon the application and consent of a Member who meets certain conditions, provide the storage/consignment sales service under this Article (hereinafter the “Storage/Consignment Sales Service”) when such Member, as a Seller, registers a product designated by the Company as eligible for the Storage/Consignment Sales Service on the Service, or as a Buyer, submits a purchase request such as bidding for a product eligible for the Storage/Consignment Sales Service.
  2. The Company may provide the following types of Storage/Consignment Sales Service:
    • Seller Storage/Consignment Sales Service: A service in which the Seller applies for the Storage/Consignment Sales Service before a Transaction Concluded for an Artwork, ships the Artwork to the Company, and the Company stores the Artwork only if it passes inspection after undergoing the inspection process in advance pursuant to Article 27, etc. of these Terms; and, once the Transaction Concluded is completed through the bidding process, the Company ships the Artwork to the Buyer (the “Seller Storage/Consignment Sales Service”).
    • Buyer Storage/Consignment Sales Service: A service in which, if the Buyer applies for the Storage/Consignment Sales Service at the time of submitting a purchase request such as bidding for an Artwork, the Company stores the Artwork only if the transaction is normally completed (including passing inspection), and once the Transaction Concluded is completed through the bidding process, the Company ships the Artwork to the Buyer of that transaction (the “Buyer Storage/Consignment Sales Service”).
    • If a Buyer applies for the Buyer Storage/Consignment Sales Service for an Artwork that the Company is already storing through the Storage/Consignment Sales Service, as the Artwork has already passed inspection, the Company shall not conduct additional inspection, shall not ship the Artwork to the Buyer, and shall provide the Buyer Storage/Consignment Sales Service to the Buyer.
  3. A Seller who has applied for and agreed to the Seller Storage/Consignment Sales Service provided by the Company shall, within the time period notified by the Company through notices or separate guidance from the time of application, ship the Artwork to the location separately notified by the Company and complete entry of shipment-related information in the manner required by the Company.
  4. The Company shall charge a Seller who has applied for and agreed to the Seller Storage/Consignment Sales Service a deposit amount per Artwork, in an amount notified by the Company through notices or separate guidance (hereinafter the “Deposit”). The Deposit shall be automatically charged to the card registered in advance by the Seller at the time of applying for the Seller Storage/Consignment Sales Service. The Deposit may be deducted in whole or in part if any of the grounds specified in Paragraph 9 of this Article occur. Any remaining balance of the Deposit not deducted shall be returned through procedures such as cancellation of the original payment method within two (2) business days from the inspection completion date of the Artwork. (However, the posting time may vary depending on the policies of individual credit card companies, etc.)
  5. The Company shall store the relevant Artwork free of charge for 30 days from the date storage begins (in principle, the inspection pass date; for continuous Storage/Consignment Sales Service without additional inspection, the payment date shall be the 기준 date) (the “Free Storage Period”). However, if the storage period exceeds 30 days from the storage start date, the Company shall charge the Member who applied for the Storage/Consignment Sales Service a storage fee per Artwork in an amount notified by the Company through notices or separate guidance (the “Storage Fee”). The Storage Fee shall be automatically charged to the card registered in advance by the Member upon expiration of the Free Storage Period. The Member who applied for the Storage/Consignment Sales Service may notify the Company, by the end of the Free Storage Period, of an intention not to extend the storage period, and in such case, the Company may charge the Member for costs necessary for return shipment.
  6. The maximum storage period for an Artwork under the Storage/Consignment Sales Service is the period notified by the Company through notices or separate guidance, up to a maximum of 120 days from the inspection pass date (for continuous Storage/Consignment Sales Service without additional inspection, the payment date shall be the 기준 date) (the “Maximum Storage Period”). If the Storage Fee is not successfully paid, or if the Maximum Storage Period has elapsed, the relevant product shall be returned to the address previously provided by the Member who applied for the Storage/Consignment Sales Service. In connection therewith, the Company may charge such Member for costs necessary for return shipment.
  7. If a Member who applied for the Storage/Consignment Sales Service fails to enter shipment-related information within the prescribed period (including entry of false information), if the Artwork is not received by the Company within five (5) business days from the shipping date based on the entered shipping information, or if the Artwork fails inspection, the relevant Storage/Consignment Sales Service shall terminate. If the Artwork has arrived at the Company, it shall be returned to the address previously provided by the Member who applied for the Storage/Consignment Sales Service. In connection therewith, the Company may charge such Member for costs necessary for return shipment.
  8. A Seller or Buyer who applied for the Storage/Consignment Sales Service may withdraw the application for such service by notifying the Company of its intention to withdraw before a Transaction Concluded. In such case, the relevant Storage/Consignment Sales Service shall terminate, and if the Artwork has arrived at the Company, it shall be returned to the address previously provided by the Member. In connection therewith, the Company may charge the Member who withdrew the Storage/Consignment Sales Service for costs necessary for return shipment.
  9. In the following cases, the Company may charge the Member who applied for the Storage/Consignment Sales Service for costs necessary for storage and return shipment, and such costs shall be deducted in whole or in part from the Deposit or automatically charged to the card registered by the Member at the time of applying for the Storage/Consignment Sales Service:
    • Deposit deduction: (1) where the Seller withdraws the application for the Storage/Consignment Sales Service after one (1) hour has elapsed from the time of application; (2) where shipment-related information is not entered within the prescribed period (including entry of false information); (3) where the Seller withdraws the application after entering Artwork shipping information in the format designated by the Company; or (4) where the Artwork is not received by the Company within five (5) business days from the shipping date based on the entered shipment information
    • Payment upon request: where the Member confirms return-shipment-related costs and applies for return shipment of the Artwork
    • Automatic payment: (1) where the Free Storage Period expires; (2) where the Artwork is returned because a Transaction Concluded is not formed within the Maximum Storage Period; (3) where Storage Fees, return-shipment costs, penalties, or other costs are not successfully processed; or (4) where grounds for imposing penalties under these Terms or Company policies occur
    • Details such as the specific payment amounts shall follow the usage policies linked above
  10. During the period after an Artwork passes inspection and is moved to the storage warehouse and placed in storage, return shipment and bidding registration for the relevant product may unavoidably be restricted or delayed. Once the movement and placement period ends and the Storage/Consignment Sales Service becomes available, the Company shall notify the Member who applied for the Storage/Consignment Sales Service of such fact through the Service.
  11. The Company shall thoroughly manage storage warehouses and related facilities so that Artworks stored due to a Member’s use of the Storage/Consignment Sales Service are not damaged and are maintained and stored in the same condition as when received.
  12. If a Member’s Artwork stored by the Company is lost, the Company shall be liable for damages only where such loss is due to the Company’s intent or negligence, up to the most recent transaction price of an item of the same category and specification as the Member’s product as of the date of loss.
  13. If a Member’s Artwork stored by the Company is damaged or contaminated, the Company shall, only where such damage or contamination is due to the Company’s intent or negligence and repair or reprocessing makes it usable, compensate the actual costs of repair and reprocessing. If the Artwork cannot be used even after repair or reprocessing, Paragraph 13 regarding loss shall apply. However, the Company shall not be liable, absent the Company’s negligence, for natural discoloration, deterioration, hardening, or wear and tear occurring while the Artwork is in storage.
  14. Matters not specified in this Article with respect to the Storage/Consignment Sales Service (including payment cancellation, shipping policies, imposition of penalties, negative points, and matters relating to Buyers who purchase products through this service) shall be governed in the same manner by the provisions applicable to the general Service under these Terms and the Company’s policies.

Article 27 (Restrictions on Withdrawal of Subscription)

  1. Sales of Artworks between Members on the Service are transactions conducted between individuals, and therefore refunds or exchanges pursuant to the withdrawal of subscription under Article 17 of the E-Commerce Act do not apply. Accordingly, unlike ordinary e-commerce, once a Transaction Concluded is formed, withdrawal, cancellation, or rescission due to a simple change of mind is not permitted, and cancellation of the contract and a request for refund are possible only where the Artwork has defects. Buyers must take particular note of this when making a purchase.
  2. Only for sales between a Member and an Affiliated Business Operator, or between the Company and a Member, involving an Affiliated Business Operator Sale Item or a Company-sold Artwork, the right of withdrawal of subscription under Article 17 of the E-Commerce Act may, in principle, be recognized, and the specific details shall be governed by the contents notified on the sales page for each individual Affiliated Business Operator Sale Item or each individual Company-sold Artwork and the relevant provisions of the E-Commerce Act.
  3. If the right of withdrawal of subscription is restricted in accordance with applicable laws and regulations, including the reasons set forth in each of the following items, then cancellation of the contract and a request for refund shall not be permitted even for an Affiliated Business Operator Sale Item or a Company-sold Artwork. Members must therefore take particular note of this when purchasing an Affiliated Business Operator Sale Item or a Company-sold Artwork.
    • Where an Affiliated Business Operator Sale Item or a Company-sold Artwork, etc. is destroyed or damaged due to reasons attributable to the Member (excluding cases where packaging, etc. is damaged solely to confirm the contents of the Affiliated Business Operator Sale Item or Company-sold Artwork)
    • Where the value of an Affiliated Business Operator Sale Item or a Company-sold Artwork, etc. is significantly reduced due to the Member’s use or partial consumption
    • Where the value of an Affiliated Business Operator Sale Item or a Company-sold Artwork, etc. is significantly reduced due to the passage of time to the extent that resale is difficult
    • Where the packaging of a reproducible Affiliated Business Operator Sale Item or a Company-sold Artwork, etc. is damaged
    • Where the Company has provided prior notice regarding restrictions on withdrawal of subscription, etc. for an Affiliated Business Operator Sale Item or a Company-sold Artwork, etc.
    • Where the provision of services or digital content under Article 2, Subparagraph 5 of the Framework Act on the Promotion of Cultural Industries has commenced (provided that, in the case of a contract consisting of divisible services or divisible digital content, the portion for which provision has not commenced shall be excluded)
    • Where an Affiliated Business Operator Sale Item or a Company-sold Artwork, etc. is produced individually according to a Member’s order, and where allowing withdrawal of subscription, etc. is expected to cause substantial irreparable harm to the Affiliated Business Operator or the Company, and the Company has separately notified the Member of such fact in advance and obtained the Member’s consent in writing (including electronic documents)
    • Where any other grounds for restriction of the right of withdrawal of subscription recognized under applicable laws and regulations exist

Article 28 (Termination or Cancellation of Transaction Contracts for Registered Products)

  1. In a transaction such as sale or purchase, where an indication of acceptance of a request for termination is made by mutual agreement between Members, the transaction contract shall be deemed terminated.
  2. The Company may terminate the contract without prior notice if a product registered by the Seller violates the Service Terms of Use, or if the Artwork differs from the contents registered by the Seller.
  3. In addition, if the Seller does not ship the product within the delivery date designated by the Company, the contract may be terminated.
  4. Due to the nature of the Service, even where an Artwork has been the subject of a Transaction Concluded, if the Seller’s Artwork fails to pass the Company’s inspection or if the Seller cancels the sale before shipping the Artwork, the contract concluded between Members may be terminated or cancelled.
  5. The Buyer may also have the contract terminated if payment is not completed within the specified time limit.

Article 29 (Cancellation and Refund for Minors)

If a Member is a minor under the age of 19, the Member must obtain the consent of a legal representative (such as a parent) in order to purchase or sell an Artwork or an Affiliated Business Operator Sale Item (including bidding activities for each), or to use paid payment services. If such consent is not obtained, the minor or the legal representative may cancel the contract.

Article 30 (Payment of Sales Proceeds, etc.)

  1. Once the Company’s inspection is completed, the sales proceeds paid (settled) by the Buyer may be deposited into the designated receiving account in an amount net of fees deducted from the registered sales proceeds, even before the Artwork is delivered to the Buyer, and the Buyer agrees to such payment of sales proceeds. If a refund is made because the Artwork constitutes an “abnormal Artwork,” the Company shall immediately request the payment method provider to suspend or cancel the charge. If the sales proceeds have already been paid to the Seller, the Company shall be jointly and severally liable with the Seller for the obligation to pay the refund amount to the Buyer.
  2. Once the Buyer’s refund is confirmed, the Company shall immediately notify the Seller of the refund via contact information such as the email address registered by the Seller at the time of membership registration or Artwork registration, and the Seller shall promptly return the sales proceeds so notified to the Company’s account. If the return of sales proceeds is delayed, late interest at an annual rate of 10% may accrue. For details, please contact the customer service center.

Article 31 (Prohibited Transaction Activities)

Seller Members shall not engage in any of the following acts. In the event of a violation, the Company may impose the sanctions individually prescribed in each item below, and any fees such as transaction completion fees for deleted Artworks, ancillary service fees, and basic usage fees shall not be refunded.
  1. Prohibition of False Transactions
  2. “False Transaction” refers to an act in which a Seller purchases the Seller’s own Artwork using the Seller’s own ID or another person’s ID for the purpose of increasing sales, such as by manipulating the Artwork exposure ranking, the Seller’s credit rating, or Artwork reviews. The Company prohibits such acts.
  3. If a False Transaction is detected, the Company may take necessary measures with respect to the Member ID, including deduction of credit score, restriction of use, termination of the agreement, or withholding of settlement payments (up to one (1) month).
  4. If a False Transaction is detected, the Company may, depending on the case, request additional verification from the Seller and request voluntary cancellation or return, and the Seller is obligated to cooperate.
  5. Prohibition of Bid Manipulation
  6. “Bid Manipulation” refers to any act of bidding or placing bids on an Artwork by fraudulent means in order to have the Seller Member’s own Artwork awarded at a high price. The Company prohibits such acts.
  7. If Bid Manipulation is detected, the Company may take measures such as login restrictions and transaction restrictions, in the same manner as in cases of False Transactions.
  8. Prohibition of Duplicate Listings and Mis-Categorized Listings, etc.
  9. “Duplicate Listing” refers to listing the same Artwork more than once, and the Company prohibits Duplicate Listing.
  10. “Category Violation” refers to listing an Artwork in a category unrelated to the relevant Artwork, and the Company prohibits such acts.
  11. Any other acts of exposing Artworks through abnormal methods are prohibited.
  12. If Duplicate Listings or Mis-Categorized Listings are detected, the Company may take measures such as restricting sales of the Artwork, suspending the Seller ID, or restricting use, depending on the number of violations.

Article 32 (Disclaimer and Limitation of Liability)

  1. Where the Company brokers Artwork transactions, the Service provides Members with an online marketplace for buying and selling Artworks and related ancillary services. Accordingly, in principle, the Company does not intervene in disputes arising in connection with information about Artworks registered by the Seller or transactions with the Buyer, and all responsibility for the outcome of such disputes shall be borne by the Members who are the Seller or the Buyer. In particular, the Company shall not be liable for any losses incurred by the Buyer in cases where, after a Transaction Concluded, the contract is terminated or cancelled due to reasons attributable to the Seller, such as the Seller cancelling the sale, failing to ship the Artwork to the Company within the recommended period or failing to enter shipping information, or failing the Company’s inspection. However, if losses are incurred by the Seller or Buyer due to reasons attributable to the Company in a transaction between the Seller and the Buyer, the Company shall be liable therefor.
  2. Notwithstanding Paragraph 1, if an error occurs in the inspection determination made by the inspection center due to reasons attributable to the Company, or if losses occur due to reasons attributable to the Company during the process of delivering an inspected Artwork to the Buyer Member, the Company shall be liable for such losses. However, unless the Company has separately established and applies a policy for compensating the Buyer Member’s losses, the Buyer Member’s losses shall be limited to the purchase price paid for the Artwork.
  3. The Company shall be exempt from liability for providing the Service if it is unable to provide the Service temporarily or permanently due to force majeure events such as natural disasters or similar events, or due to inspection, replacement, or failure of information and communications facilities, or communication outages that occur without the Company’s fault. In such cases, the Company shall notify Members by posting on the website screen provided by the Company or by other means.
  4. The Company shall not be liable for any disruption in use of the Service due to reasons attributable to internet users or Members, unless such disruption is caused by the Company’s intent or negligence.
  5. The Company shall not be liable for any damages arising from a Member’s disclosure or provision of the Member’s personal information to others.
  6. The Company shall not be liable for damages arising from the following:
    • Damages arising from false or inaccurate Member status information
    • Personal damages arising in the course of accessing or using the Service, regardless of their nature or cause
    • Damages arising from any illegal access to, or illegal use of, the server by a third party
    • Damages arising from any illegal interference with or interruption of transmissions to or from the server by a third party
    • Damages caused by any viruses, spyware, or other malicious programs that a third party illegally transmits, distributes, or causes to be transmitted or distributed through the Service
    • Damages arising from errors, omissions, omissions in transmission, destruction, or loss of transmitted data
    • Any civil and criminal liabilities arising from defamation or other illegal acts occurring in the course of registering Member status information or using the Service between Members
    • Where a legitimate right holder requests it, the Company may delete or modify information relating to the relevant Artwork, and the Seller may not claim damages from the Company arising therefrom.
  7. The Company shall not respond to any requests premised on violations of these Terms or applicable laws, such as where a Member uses the Service or conducts transactions as a third party or as a business operator (including sole proprietors) rather than as the individual who completed identity verification. Where necessary, the Company may take measures such as reporting to the relevant authorities.

Article 33 (Miscellaneous)

  1. These Terms shall be governed by the laws of the Republic of Korea, and the courts of the Republic of Korea shall have jurisdiction.
  2. Litigation concerning disputes arising between the Company and a Member shall be brought before the court having exclusive jurisdiction over the Member’s address as of the time of filing; if there is no address, the court having exclusive jurisdiction over the Member’s residence shall apply. However, if the Member’s address or residence is not clear at the time of filing, the competent court shall be determined in accordance with the Civil Procedure Act. For customers with an address or residence abroad, litigation concerning disputes arising between the Company and a Member shall be under the jurisdiction of the Seoul Central District Court of the Republic of Korea.
Addendum
(Effective Date) These Terms of Use shall take effect on November 11, 2023.
Copyrightⓒ Artue All Rights Reserved

(주)아비투스어소시에이트

대표자: 송보영

개인정보책임자: 사공훈

대표 번호: 02-3785-1622

통신판매업신고: 2022-서울용산-1497

사업자등록번호: 275-87-02239

서울 용산구 한남동 627 4층

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