Last updated: September 24, 2021
In certain situations, we may ask you to participate in our creation of Content that we plan to include in the Peggy Solution, including Pegcasts (which, for clarity, are podcast-like audio or video recordings of an artist, gallerist, or other type of stakeholder(s)). As part of such Content creation, we may record, produce and edit audio, video or written content based on audio, video or written interviews with you. In consideration for your participation in such Content creation, you agree to the following:
If any other individual or identifiable location appears or is referenced in any such Content, you will be responsible for obtaining such individual’s or location owner’s consent and release for, and agreeing on such individual’s or location owner’s behalf to, the provisions of this Section 5 and you will indemnify, defend and hold harmless Peggy and its respective contractors, directors, employees, affiliates, representatives, successors, and assigns from and against any claims by or on behalf of such individual or location owner in relation to such Content.
You may subscribe to notifications through the Peggy Solution regarding certain Artwork or artists in order to be notified of asking prices, proposed offers, and active binding offers for certain Artwork, so that you may make a better offer if you wish, including an offer to buy back an Artwork.
Peggy believes in free expression by artists and is not responsible for screening or reviewing the content of any Artwork or its suitability for individual users. Without limiting the generality of the previous sentence, Content made available on or through the Peggy Solution may include nudity, graphic images, or other material that some people may consider offensive, disturbing, or inappropriate.
Some Content provided on or through the Peggy Solution may be designated as featured or marked with other similar language. Such designations or markings do not constitute an endorsement, representation or warranty of any kind by us regarding such Content.
By placing Artwork for sale on or through the Peggy Solution, the seller of such Artwork authorizes us, or our third-party payment processor(s) (each, a “Payment Processor”), to deduct from any payments to the seller, any payment processing fees as well as our fees and artist and gallery royalties (as applicable), as further detailed in the Additional User Terms.
The Peggy Solution includes a receipt-sending functionality at no additional cost, in addition to the ability to register the purchase of an Artwork on the platform. When a buyer (including an individual who is not an existing user of the Peggy Solution) purchases any Artwork (including from a gallery or artist’s brick-and-mortar location), the seller of such Artwork may authorize and instruct us to send the buyer, on the seller’s behalf, an email containing an electronic copy of the purchase receipt and an invitation to register the purchase in the buyer’s name in the Peggy Solution. If the buyer is not an existing user of the Peggy Solution, the buyer will be invited to create a User ID before proceeding to register the purchase.
The seller understands that the Peggy Solution relies on Peggy receiving accurate information (e.g., a correct email address) for the purposes of sending a purchase receipt to the buyer of an Artwork. Where the seller authorizes and instructs Peggy to send a purchase receipt to a buyer, the seller represents and warrants that the information provided by the seller to Peggy for the purposes of creating and sending the purchase receipt is accurate.
Without limiting Section 3(a) above, where a seller authorizes representation by another person (including through a gallery), the seller accepts responsibility for all conduct of such representative on or through the Peggy Solution as if made by the seller (including selling price, acceptance of offers, rejection of offers, and description and other content).
Your placement of an offer for any Artwork on or through the Peggy Solution constitutes an irrevocable offer to purchase such Artwork. Except where required by law, you are not entitled to return, or receive a refund for, any Artwork you purchase.
For Artwork that is priced in a foreign currency, at the time you make an offer on an Artwork you will be notified of the currency in which you will be charged together with the corresponding price. Artwork prices listed in foreign currencies are for informational purposes only. The buyer understands and agrees that any such foreign currency listings are not the official price.
By placing an offer for any Artwork, the buyer authorizes us, or our Payment Processor, to deduct a percentage of such offer from the buyer’s account, which the buyer will forfeit if the buyer fails to complete the purchase of Artwork if the buyer’s offer is accepted, and to charge or deduct from the buyer’s account sufficient funds to fulfill such offer if it is accepted. Any buyer of Artwork will need to provide our Payment Processor(s) with the information necessary to process a payment from the buyer, including the billing information requested through the applicable Payment Processor’s platform.
Prior to selling any Artwork, you agree to connect your account with our Payment Processor(s) to your bank account and confirm that such information is correct and will be kept up to date. You will advise us in the event your banking information changes. If you go into negative balance as part of your sale of any Artwork (e.g. as a result of any chargebacks), Peggy reserves the right to rectify your negative balance by authorizing our Payment Processor(s) to draw upon your bank account. If this fails, Peggy reserves the right to pursue the seller for all monies owed.
You also warrant that the funds used for settlement or payment are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.
Unless exempt by law, the buyer is required to pay all applicable taxes or levies related to the purchase of an Artwork by the buyer. The buyer is required to pay such taxes as the seller is required to collect, but the failure of the seller to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Upon request from Peggy, you will provide all information required for Peggy to determine whether taxes have been properly assessed and remitted, including your resident/non-resident status in any jurisdiction and your tax identification numbers.
Except where otherwise agreed by the buyer and seller, any offers for Artwork do not include shipping and handling charges, sales and other taxes, and any customs charges or duties (including brokerage fees), if applicable, in relation to the sale, packing, shipment, and delivery of such Artwork, which the buyer of the Artwork is responsible for and which will be added to the total amount deducted from the buyer’s account.
While we may provide tools through the Peggy Solution to assist with the calculation of applicable taxes, the seller of the Artwork is ultimately responsible for determining, deducting and remitting applicable taxes to the appropriate governmental and regulatory authorities and contacting us if applicable taxes calculated through the Peggy Solution are not correct.
While the buyer and seller are ultimately responsible for complying with any reporting requirements of applicable governmental regulatory authorities in respect of transactions conducted on or through the Peggy Solution, Peggy reserves the right to report any transactions conducted on or through the Peggy Solution to applicable governmental or regulatory authorities, including the buyer and seller of any Artwork and the sales price for any Artwork.
Seller, and not Peggy, is responsible for remitting all applicable withholding taxes to the applicable taxation authority with respect to any payments for Artwork. Peggy assumes no liability for withholding taxes and may in its discretion obtain a reimbursement from seller should any tax authority levy any withholding tax requirement directly on Peggy. Without limiting the generality of the foregoing, you agree that you are responsible for, and will indemnify, defend and hold harmless Peggy and its respective contractors, directors, employees, affiliates, representatives, agents, successors, and assigns from and against, any claims (including legal fees) arising from your failure to deduct and remit withholding taxes pursuant to this Section.
Sellers may pledge to donate a portion of the sale price of Artwork to a particular cause or charity. Peggy does not control or have any responsibility for such donations and Peggy does not investigate factual accuracy of any donation claims made by a seller.
Any pricing data, tables, or charts in the Peggy Solution may be incomplete or inaccurate and Peggy does not make any determination or representation that any such data, tables or charts are useful in determining the current value of any Artwork or predicting its future value. In addition, each Artwork is unique and historical price appreciation of similar works is not a direct proxy for performance of such Artwork. The buyer should therefore not rely on such data, tables, or charts.
Peggy does not set the sales price for Artwork and all investments involve risk and may result in partial or total loss. Notwithstanding anything to the contrary, Peggy does not provide any financial or tax advice or services in relation to any Artwork. The buyer and seller of Artwork should confer with their personal tax advisors regarding the tax consequences based on their particular circumstances. Peggy does not assume responsibility for the financial or tax consequences of any purchase or sale made through the Peggy Solution.
Unless otherwise agreed by the buyer and the seller of the Artwork, all Artwork will be deemed accepted by the buyer of the Artwork upon shipment, and title to, and risk of loss of, the Artwork passes to the buyer of the Artwork when it is provided by the seller to a common carrier. The buyer and seller of the Artwork are ultimately responsible for arranging for sufficient insurance coverage for losses of or damage to the Artwork during shipment.
Your interactions with entities and individuals on or through the Peggy Solution, including payment for and delivery of Artwork, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and individuals.
WHILE WE MAY PROVIDE TOOLS THROUGH THE PEGGY SOLUTION TO ASSIST THE BUYER OF ARTWORK TO VERIFY ARTWORK, THE BUYER SHOULD CONDUCT ITS OWN INDEPENDENT VERIFICATION AND SHOULD NOT RELY ON SUCH TOOLS TO VERIFY PURCHASED ARTWORK. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE BUYER (NOT PEGGY) IS RESPONSIBLE FOR CONDUCTING ALL DUE DILIGENCE AND OTHER INVESTIGATIONS REGARDING THE PROVENANCE AND AUTHENTICITY OF ARTWORK OFFERED ON OR THROUGH THE PEGGY SOLUTION.
ALL SALES AND PURCHASES OF ARTWORK ARE SOLELY BETWEEN THE BUYER AND SELLER OF THE ARTWORK AND PEGGY IS NOT A PARTY TO THOSE CONTRACTS OR ACTING AS AN AGENT FOR ANY PARTY. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEGGY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS AND DEALINGS. WE ARE MERELY ACTING AS A CONDUIT FOR SUCH INTERACTIONS AND DEALINGS AND WE TAKE NO RESPONSIBILITY FOR THEM.
Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report on Artwork you wish to purchase. All buyers should inspect all Artwork satisfy themselves as to condition and must understand that any statement on the Peggy Solution regarding the Artwork is merely a subjective, qualified opinion. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ALL ARTWORK IS OFFERED AND SOLD “AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, AND NONE OF THE PEGGY PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITY OF ANY KIND, WITH REGARD TO THE MERCHANTABILITY OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, OR ATTRIBUTION. BUYERS ACKNOWLEDGE THAT THEY ARE ACQUIRING ARTWORK ONLY AND NO COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS ARE BEING ACQUIRED.
If an agent is advising you or bidding on your behalf with respect to any Artwork, you should request that the agent disclose whether or not he or she has a financial interest in the Artwork or any resulting sale. Peggy is not responsible for verifying or requiring such agent to disclose any such interest.
You agree to:
Peggy reserves the right to suspend or cancel any purchase, sale, or other offer or transaction on or through the Peggy Solution if such purchase, sale, or other offer or transaction would, in Peggy’s sole discretion, violate any applicable law (including any international conventions, import or export restrictions, or other applicable statutes, regulations, rules, or guidance issued by a governmental or regulatory authority from time to time).
We do not guarantee or warrant that the Peggy Solution is compatible with your computer system or mobile device or that the Peggy Solution, or any links from the Peggy Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer systems and mobile devices.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE PEGGY SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PEGGY SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PEGGY SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT ACCESSED THROUGH THE PEGGY SOLUTION.
Without limiting the foregoing, under no circumstances will any of the Peggy Parties be held liable for any delay or failure in performance in any way resulting from acts of nature, forces, or causes beyond our or their reasonable control, including Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
The Peggy Solution is not intended for use in any jurisdiction where its use is not permitted, as detailed by Peggy from time to time within the Peggy Solution or in the Additional User Terms.
For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (as amended from time to time, the “DMCA”) if you believe in good faith that any content on the Peggy Solution infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on the Peggy Solution that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Peggy Solution; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to email@example.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Peggy Solution of repeat infringers.
Notwithstanding anything to the contrary hereunder, you may use the Peggy Solution only on an iPhone, iPad, iPod touch, or other compatible Apple device that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Peggy Solution.
You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Peggy Solution.
Name: Peggy Support
Address: Exchange Tower, 130 King Street West, Suite 1800, Toronto, ON M5X 1E3
Telephone number: 1-833-HI-PEGGY
Email Address: firstname.lastname@example.org
You acknowledge that Google is not responsible for providing support services for the Peggy Solution.
A gallery and artist may agree, on a per artwork basis, to split commissions within the Peggy Solution. This decision is between the applicable gallery and artist and is not driven by Peggy.
Peggy’s current Payment Processor is Stripe. For more information on Stripe and to review Stripe’s terms and conditions, please visit Stripe’s website: https://stripe.com/. Peggy anticipates that it will use additional Payment Processors, as identified by Peggy from time to time in the Peggy Solution.
A seller may arrange for shipment of Artwork through the Peggy Solution using the third-party carrier, ShipArta. For more information on ShipArta, please visit ShipArta’s website: https://shiparta.com/. The buyer and seller can liaise with ShipArta who has a customer support centre for any shipping questions or insurance questions.
By using ShipArta for any services, you agree to ShipArta’s terms and conditions as set out at https://arta.io/terms
Peggy permits users to use the Peggy Solution in Canada, Unites States, Mexico, United Kingdom, Switzerland, and Netherlands, among other locations. Please note that there may be additional country-specific limitations and restrictions on cross-border transactions through the Peggy Solution as identified by Peggy from time to time.