Terms and conditions
Our sites, www.avantarte.com and arte.bio are operated by Avant Arte B.V. (Chamber of Commerce number 63169231), a Dutch registered company whose main trading address is Abcouderstraatweg 130-B, 1105 AA Amsterdam, Netherlands. Our VAT number is NL855121828B01.
To contact us, please email us at info@avantarte.com or use any of the methods provided on our contact page.
These Terms and Conditions, consisting of our website Terms of use, and general Terms of Sale shall be governed by, and construed in accordance with, the law of the Netherlands. They shall apply, as relevant to all of our websites, including www.avantarte.com and arte.bio sites.
All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
By providing your phone number and interacting with Avant Arte, you may receive SMS communications in accordance with our Privacy Policy.
On some releases, Avant Arte employs a draw system (the "Draw") to randomly allocate the opportunity to purchase a number of artworks (the "Products") from the overall edition. This system is designed to ensure fairness and equal opportunity for all participants.
For clarity, it should be noted that this system is only used to allocate a certain number of artworks within certain editions. When the system is being used, it is indicated on the product page of the edition by the presence of an “Enter the Draw” button, along with the number of artworks it is being used to allocate. It is distinct from the system used to allocate pre-orders.
Eligibility
To enter the Draw, participants must provide a unique email address, shipping address, and bank card information.
Each participant is allowed one entry per Draw. Multiple entries from the same person will lead to disqualification.
By entering the Draw, participants agree to accept these Terms and Conditions and any applicable resale agreement.
Draw Entry
Participants may enter the Draw any time before the closing date specified on the edition page of the respective Product.
Participants must indicate their preferred payment method (bank card or cryptocurrency) at the time of entry.
If selecting a bank card, participants agree to pre-authorise the payment amount. The card will not be charged unless the participant wins the Draw.
If selecting cryptocurrency, participants agree to capture the full payment as a deposit and hold it safely with crypto.com. The deposit will be in fiat, and the crypto taken will be equal to the fiat value of the artwork at the time of entry. If the participant does not win or cancel their entry before the draw is run, they will receive a refund of their deposit. The crypto returned will be equal to the deposit value in fiat at the time of refund.
Selection Process
The Draw is conducted at random, ensuring all participants have an equal chance of winning.
The number of Products available through the Draw is indicated on the product page.
Winners will be notified by email once the Draw closes. It is the responsibility of participants to ensure that the email address provided during entry is accurate and able to receive notifications regarding the Draw results.
Once all the winners have been notified, those unsuccessful in the draw will be informed, also by email.
Bank Card Payments
Winners paying by bank card will have their payment card charged on the Draw closing date for the amount stated during entry and confirmed via email.
If the charge is unsuccessful, the chance to purchase the Product will be forfeited, and another winner will be selected from the draw.
Crypto Payments
Winners opting for crypto will receive a confirmation by email.
Unsuccessful participants who have paid with crypto will receive a refund within 24 hours after the draw is closed.
Cancellation
Participants may cancel their Draw entry at any time before the Draw closes by contacting collecting@avantarte.com, or logging in to their account on avantarte.com.
If the participant's Draw entry is selected and they choose to cancel their order, the participant must contact us within 24 hours of the order confirmation. In this case, your payment will be refunded, and a processing fee of up to 10% may be applied at our discretion. Once the Draw has been held, any products purchased by the winners as a result of their Draw win are subject to our usual cancellation policy, which is viewable here.
Disqualification
Avant Arte reserves the right to disqualify any participant from the Draw or to refuse any entry at our sole discretion. This includes, but is not limited to, entries believed to be made with the intention of purchasing artwork for immediate resale at a higher price, rather than personal ownership or appreciation.
Such determination is made by considering patterns of behaviour indicative of speculative purchasing, including repeated short-term resales of acquired artworks, multiple entries across various editions with a history of rapid turnover, and any other actions suggesting an attempt to exploit the Draw system for financial gain beyond the spirit of equitable access and distribution of art.
This clause aims to preserve the artistic value and market integrity of the artworks and ensure that participation in the Draw aligns with our values of fairness and art appreciation.
In entering the Draw, participants affirm their intention to purchase artwork for personal ownership and appreciation, and not for the purpose of immediate resale at a higher price.
Single Entry Limitation Clause
Participants in the Avant Arte Draw are limited to one entry per person. This rule is in place to ensure fairness for all participants. Any violation of this single-entry limit will result in the immediate disqualification of all entries linked to the individual in breach.
By entering the Draw, participants agree to this rule and acknowledge that any attempt to enter multiple times, through any means, will lead to their disqualification from the current Draw and may impact their eligibility for future Draws.
Data Privacy
Participant data will be used, stored, and protected in compliance with relevant data protection laws, including the General Data Protection Regulation.
Governing Law
The terms and conditions of the Draw shall be governed by and construed in accordance with the laws of the Netherlands. By participating in the Draw, entrants agree that any disputes or claims arising out of or in connection with the Draw shall be subject to the exclusive jurisdiction of the Dutch courts.
Participants acknowledge and agree that they are subject to the laws of the Netherlands in all matters concerning the Draw, including but not limited to participation, eligibility, and the allocation of artworks.
General
These Terms and Conditions are subject to change without notice. It is the participant's responsibility to stay informed about any changes.
By entering the Draw, participants agree to abide by these Terms and Conditions.
(Applies to all auction types unless otherwise stated)
On certain releases, artworks are offered for sale via an auction mechanism (each an “Auction”). These Auction Terms and Conditions apply to all Auctions, including card-based Auctions and on-chain Auctions, unless stated otherwise on the relevant product page.
By placing a bid, you agree to be bound by these Terms and Conditions and any applicable resale or artist agreements.
Auction Types
Avant Arte offers two types of Auctions: Card-Based Auctions and On-Chain Auctions. The applicable Auction type and format (standard or ranked auction) will always be clearly indicated on the product page before you place a bid.
Card-Based Auctions
For card-based Auctions:
You must sign in or create an Avant Arte account
You must provide a valid credit or debit card to place a bid
Your card will be pre-authorised at the time you place your bid
No charge is taken while the Auction is live
When the Auction closes:
The highest qualifying bid or bids win, depending on the Auction format
If you are a winning bidder, your card will be charged automatically for the final amount due.
A binding contract of sale is formed at the moment the Auction closes
Card-based Auctions may operate as either a standard Auction (single winner) or a ranked Auction (multiple winners).
On-Chain Auctions
For on-chain Auctions:
You must sign in or create an Avant Arte account
You must connect a compatible crypto wallet
Bids are placed on chain using ETH
Bids may be placed while the Auction is live. All on-chain bids are final once submitted and cannot be cancelled or withdrawn.
When the Auction closes:
The highest qualifying bid or bids win, depending on the Auction format
Winning bids are captured on chain
Any non-winning bids are refunded automatically
A binding contract of sale is formed at the moment the Auction closes. If you are a winning bidder, your order is confirmed at that point and cannot be cancelled or modified.
On-chain Auctions may operate as either a standard Auction (single winner) or a ranked Auction (multiple winners).
Eligibility
To participate in an Auction, you must:
Be at least 18 years old
Be legally capable of entering into binding contracts
Provide accurate account, payment, and shipping information
General Auction Rules
All bids placed in an Auction constitute legally binding offers.
Each bidder may place one active maximum bid at a time.
The highest valid bid or bids at the time the Auction closes determine the winner or winners
A binding contract of sale is formed automatically when the Auction closes
Cancellation
Card-Based Auctions
For card-based Auctions, you may cancel or retract your bid at any time before the Auction closes.
Once the Auction has closed, the winning bid or bids result in a binding contract of sale. If you are a winning bidder, your order is confirmed when the Auction closes and cannot be cancelled, withdrawn, or modified.
Orders resulting from card-based Auctions are excluded from statutory withdrawal and cooling-off rights.
On-Chain Auctions
For on-chain Auctions, all bids are final once submitted and cannot be cancelled, withdrawn, or modified, even while the Auction is live.
By placing an on-chain bid, you expressly acknowledge that you are committing to purchase the artwork if your bid is successful.
Once the Auction has closed, the winning bid or bids result in a binding contract of sale. If you are a winning bidder, your order is confirmed and cannot be cancelled or modified.
Returns, Damage, and Non-Conformity
Orders resulting from Auctions are not eligible for return or cancellation under the statutory right of withdrawal. Once an Auction has closed and you are a winning bidder, you do not have a general right to return the artwork or change your mind.
This exclusion does not affect your statutory rights where an artwork is damaged in transit, defective, or not as described at the time of sale.
If your artwork arrives with damage that is visible on delivery, you must notify us within 48 hours of receipt. You may be required to provide supporting information or evidence, including photographs of the packaging and the artwork, to allow us to investigate the issue.
If the artwork is defective or materially not as described and the issue is discovered after delivery, you must notify us within 14 days of discovering the issue. In all cases, notifications made within the timeframe required by applicable consumer law will be treated as valid.
Where a valid claim is established, we will, at our discretion and in accordance with applicable law:
repair the artwork (where possible), or
replace the artwork (where possible), or
provide an appropriate refund.
These remedies apply solely to issues of damage or non-conformity and do not create a general right to return auction purchases.
Payment and Final Charges
If you are a winning bidder, your final amount payable may include:
The winning bid amount (representing the artwork price)
Optional framing (if selected)
Shipping fees
Applicable taxes or duties
For card-based Auctions, all applicable charges are calculated and charged automatically once the Auction closes.
For certain on-chain Auctions, the winning bid may apply to the artwork only. In such cases, shipping fees and applicable taxes will be calculated after the Auction closes and invoiced separately. Dispatch will not take place until all outstanding charges are paid.
Failed Payments
If a winning bidder’s payment cannot be successfully authorised, captured, or settled, we reserve the right to treat the winning bid as void and to forfeit the bidder’s opportunity to purchase the artwork.
In such cases, the artwork may be offered to another eligible bidder, including the next highest bidder.
For on-chain Auctions where shipping fees or taxes are invoiced separately, failure to pay those charges within the specified timeframe may result in delays to fulfilment or cancellation of the order at our discretion.
Disqualification
We reserve the right to disqualify any bidder or cancel any bid where we reasonably believe there has been an attempt to manipulate, abuse, or circumvent the Auction process.
Data Protection
Personal data is processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
Governing Law
These Auction Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands. Any disputes shall be subject to the exclusive jurisdiction of the Dutch courts.
General
These Terms and Conditions may be updated from time to time.
By placing a bid, you confirm that you have read, understood, and agreed to these Auction Terms and Conditions.
We want you to feel completely confident adding a frame to your artwork. That's why every frame purchased from us is covered by one of two guarantees:
1. The Framing Quality Guarantee
If you're not happy with your frame for any reason, you can return it for a refund.
Once your framed artwork has arrived, you have 14 days to let us know if you're not 100% happy with the frame and would like a refund. You can get in touch with us at info@avantarte.com.
This guarantee covers the frame only. The artwork itself is subject to our standard returns policy.
We are only able to process refunds for frames returned in perfect condition.
For all frame returns, we arrange a door-to-door collection, which we will coordinate with you directly following your request. A tracking number will be provided. Please do not book your own courier, as this will not be tracked by our system and could mean your return is not eligible for a refund.
Once we have safely received the frame, we will process your refund. Refunds will be made within 14 days of the frame's arrival at our warehouse. All refunds will be issued to the original payment method and can take 5 - 10 days to appear in your account.
You will be refunded for the price of the frame, minus a handling fee. The exact amount varies based on size, weight and location.
The Framing Quality Guarantee applies to every frame purchase, regardless of the release type of the artwork it accompanies – including auction, NFT, and draw releases. Restrictions on cancelling or returning the artwork under these release types (see our standard Returns and refunds policy) do not apply to the frame.
Exceptions
We're unable to accept frame returns showing damage caused after delivery (e.g. improper handling, hanging, or environmental exposure). Returns in this condition may be declined.
Removing your artwork before returning your frame
Before we collect your frame, you'll need to remove your artwork from it. You're responsible for removing the artwork, and Avant Arte can't be held liable for any damage to the artwork or to the frame that happens during removal.
If you'd rather not remove the artwork yourself, we recommend asking a professional framer to do it for you. Any cost for this is not covered by the Framing Guarantee.
If you're removing the artwork yourself, we suggest:
Working on a clean, flat, dry surface with enough space for both the frame and the artwork.
Wearing clean cotton or nitrile gloves, and handling the artwork by its edges only.
Taking care not to bend, crease or scratch the artwork, or touch its printed surface.
Removing any hinges or mounting tape slowly and gently. Don't cut or pull the artwork free.
Storing the artwork flat, or in protective packaging, once it's out of the frame.
Please return the frame complete, including the moulding, glazing, mount, backing board and any hanging fixtures. Missing or damaged parts may mean your return isn't eligible for a refund. For protection, it’s important you use the original packaging for the collection.
Please don't include your artwork or certificate of authenticity with the returned frame. We can't accept responsibility for items sent back to us by mistake.
If you have any questions before removing your artwork, get in touch at info@avantarte.com.
2. The Framing Price Guarantee
If you find a framer offering the same quality frame for less, we'll refund the difference.
If you find a framer able to produce a frame of the same quality and materials as ours for a lower price, we'll refund the difference.
To make a claim, get in touch with us at info@avantarte.com within 14 days of receiving your framed purchase, along with:
A written quote from the third-party framer, dated within 10 days of your claim
Confirmation of the materials used (moulding, glazing/glass type, mount/matting, backing)
The framer's name and business details
Our team will review your claim and confirm eligibility, typically within 14 business days. We reserve the right to request further evidence of material grade and quality, and to decline claims where equivalence with our frames cannot be reasonably established. If approved, we will refund the difference to your original payment method.
The Framing Price Guarantee applies to every frame purchase, regardless of the release type of the artwork it accompanies – including auction, NFT, and draw releases.
Exceptions
Quotes from unregistered or unverifiable framers will not be accepted.
This guarantee cannot be combined with any other promotional or discount offer on framing.
Frames must be returned in perfect condition. As with artwork returns, we're unable to accept frame returns showing damage caused after delivery.
Still looking for an answer? Get in touch with us