Terms of Use
Last update: 12th of Dec, 2018.
Dis-ART Gallery and its website disartgallery.com and any other websites owned by dis-ART Gallery (collectively the”Website”) provides service to you subject to the following Terms and Conditions, which may be updated by us on a regular basis and without notice. These Terms and Conditions constitute a binding agreement between Dis-ART Gallery and you governing your use of the Website. By using and/or visiting the Website, you agree to both these Terms and Conditions and to the Privacy Policy(the “Privacy Policy”), which is available at https://disartgallery.com/privacy-policy/. This link can also be found on the Dis-ART Gallery website for review.
The following Terms and Conditions of Use (“Terms”) apply to and govern your use of the online platform Dis-ART Gallery and all its associated services (“Services”). In this sense, the terms “we” or “our” used throughout this document refer, obviously, to Dis-ART Gallery. By visiting our website or using our services, you are automatically accepting the practices described in these Terms and our Privacy Policy. If you do not agree to these Terms and the Privacy Policy, do not use the website or do not register as a user of the platform. We reserve the right to modify or change these Terms at any time without notice. Your continued use of our website or the Services following the posting of changes to these terms means you accept those amendments.
LICENSE TO USE THE WEBSITE AND SERVICES; RESTRICTIONS
Dis-ART Gallery grants you a non-transferable, non-exclusive, limited right to access the website, its services and its materials only for personal informational use, as long as it fully meets these conditions: You may not modify, create derivative works from, participate in the transfer or sale outside the web, or in any way exploit the Website or the Services or any portion of them for any public or commercial use without the express written permission of Dis-ART Gallery. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this website or in the Services without the prior written consent of the copyright holder. No material contained in the website or services may be subject to reverse engineering, disassembly, decompilation, transcription, storage in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including (without limitation) electronic, mechanical, photo reproduction, or otherwise, without the prior written consent of Dis-ART Gallery. Any images of artworks included in the website or services are provided for use only in connection with the Website or Services and subject to all the limitations set forth herein. All rights not expressly granted are reserved for Dis-ART Gallery. You should not interfere or attempt to interfere with the operation of the Website or the Services in any way by any means – software, device, including, but not limited to: spam, hackers, viruses or time bombs, or any other means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our website or the Services or any content thereof, or for any other purpose without our prior expressed written consent. You may not take any action that imposes an unreasonable or disproportionately large load on Dis-ART Gallery’s infrastructure. Any account that is registered from an e-mail that is detected as temporary will be removed, as well as the information that is inherent to it, including their votes. In extreme cases, users that benefit from the misuse of registered accounts from temporary emails will be suspended from the platform indefinitely.
PROPERTY
Dis-ART Gallery owns, controls, holds licenses on or has the right to use and provide the Website and the Service and all materials on the Website and the Services, including, without limitation, text clips, images, articles, photographs, illustrations, audio and video (collectively, the “Content”). The Website and the Services are also copyrighted, according to national copyright laws, international conventions and other copyright laws applied. Dis-ART Gallery is the owner of the copyright in the entire website and associated services. Dis-ART Gallery owns the copyrights in the selection, coordination, arrangement and enhancement of the website and Services. As a user you agree to abide by any and all notices and rules relating to copyright, information or restrictions displayed on the Website and the Services. You also recognize that you do not acquire any ownership rights by permitted use of the website, its content or any Services. You are also responsible for compliance with all laws, rules and regulations regarding the use of any Content. In the event of any copying, redistribution or publication of material from the Website and Services, no changes in or deletion of data concerning artworks (author, category, description or copyright notice) must be taken.
CHANGES IN THE WEBSITE OR SERVICES; TERMINATION
Dis-ART Gallery reserves the right, for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, on any aspect of the Website or Services, including but not limited to, content, features or availability hours without notice. Dis-ART Gallery may also impose limits on certain features and services or restrict your access to parts or all of the Website or Services, with or without notice or liability. As a user, you agree that Dis-ART Gallery may terminate your use of the Website and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and / or exercise any other remedy available to it, whether by reasonable grounds we believe that you have violated or acted inconsistently with these Terms, violated the rights of Dis-ART Gallery or third parties, or for any other reason, with or without notice. As a user, you agree that Dis-ART Gallery will not be liable to you or any third party as a result.
LINKS TO OTHER WEBSITES
The Site and some Services may contain links to third party websites resources and sponsors. Dis-ART Gallery cannot, however, guarantee that the content of these sites is true, accurate, legal and / or inoffensive. Dis-ART Gallery has no control over these websites or their content. Dis-ART Gallery cannot guarantee that any third party websites are free of viruses or any other system that adversely affect your computer. As a user, you must direct your questions regarding any external link to the administrator or webmaster of the website in question.
DIS-ART GALLERY ON MATERIALS PROVIDED BY USERS
Dis-ART Gallery welcomes your comments regarding our products and services, including the website. By posting messages, uploading files, to input data, providing information, content or materials or by performing any other form of communication with Dis-ART Gallery, you grant us a non-exclusive, perpetual, worldwide, irrevocable, unrestricted license free of royalties to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in these communications now known or hereafter developed all means. This grant includes the right to exploit any and all proprietary rights in such communication, including, without limitation, any and all copyright, trademark, patent or other laws under any relevant jurisdiction. By using the platform, you waive all rights you may have to inspect and / or approve any use of Dis-ART Gallery for any material or idea submitted by you in any communication or receive any compensation for such use. There is an exception to what has been said concerning the sale of the works, in which the seller himself establishes a fixed price, receiving, once confirmed the payment by the purchaser, a compensation that corresponds to part of the total sale’s price (without taxes or shipping costs) which is subtracted from the commission of the gallery of 70% over the same value, among other expenses that may be your responsibility, related to services needed to perform the transaction (as defined below in the SELLER AGREEMENT). You further waive all rights to any claim against Dis-ART Gallery for any infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such actual or alleged Communications. You agree and believe that Dis-ART Gallery has the right to use any material or idea submitted by you in your communications or otherwise. Any or all communications provided by you to the Website or Services may be included in a database owned by Dis-ART Gallery and its affiliates and henceforth these communications and information and data contained therein may be collected. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Website or Services to the fullest extent permitted by law.
DISCLAIMER IN RESPECT OF ANY MATERIAL TRANSMITTED BY THE USER
As a user, you acknowledge that transmissions to and from this website and services are not confidential and your communications may be read or intercepted by others. You also acknowledge that by submitting Communications to Dis-ART Gallery (Website or Services), no confidential, fiduciary, contractually implied or other relationship that is not in accordance with these Terms is created between you and Dis-ART Gallery or any of its affiliates. Dis-ART Gallery will not be liable for the payment of any monies to any event in connection with the use of the platform released by itself in its communications.
MONITORING, EDITING AND DISCLOSURE OF USER MATERIAL
All messages, files, data, information, content, materials or other contributions from third parties (“Contributions”) to the website or services do not necessarily represent the views or opinions of Dis-ART Gallery. We assume no responsibility for the consequences of any communications or contributions that result from the use of the Website or the Services. We do not represent or guarantee the truthfulness, accuracy or reliability of any contributions submitted by users or endorse any opinions expressed by such users. Any reliance upon any contribution published on the website or services takes place at your own risk, as a user. By using the platform, you agree that Dis-ART Gallery has the right but not the obligation, to monitor your communications and all contributions on the website or services at any time, for any reason, in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that we can establish over time. Notwithstanding this right of Dis-ART Gallery, we cannot review all materials posted on the website or services by users, and we are not responsible for any communications posted by users or contributions. Dis-ART Gallery reserves the right at any time to edit, disclose, refuse, remove applications or remove any communication or contribution, in whole or in part, in its sole discretion (including, without limitation, to comply with any law, regulation or Dis-ART Gallery sole discretion) if such materials are objectionable or violating any of the terms described herein. Dis-ART Gallery assumes no obligation or responsibility to users (or any other person or entity) regarding the performance or nonperformance of the screening activities listed above. Added to this law, Dis-ART Gallery has the right to remove any content posted on the platform that is considered by our team as not meeting the minimum requirements of aesthetic quality required. By using the platform, you agree to subject your work to a pre-evaluation conducted by our team.
USER CONDUCT
Any of the following conditions constitutes a violation of these Terms and may result in termination of your right to use the Website or the Services without notice: Disregarding the privacy or opinions of other users; Using the Website or the Services for illegal purposes or to promote any unlawful activity; Impersonate another person, allowing it to use your identification to solicit passwords or personal identifying information from other users; Transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”; Presentation of a communication or contribution that infringes or contributes to the infringement of copyrights, both on the website and services related to Dis-ART Gallery, both also related to artworks submitted by users, intellectual property rights or privacy rights of others, or that represents obscene, defamatory, harmful, abusive, threatening or false content; Disclose personal contact data in any of the public access areas of the platform.
INDEMNIFICATION
As a user you agree to indemnify Dis-ART Gallery and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees keeping them free from any and all claims, actions, losses, damages, liabilities, and of all fees, costs and expenses of any kind related thereto (including, without limitation, attorneys’ fees and settlement amounts), any damage incurred or suffered by the Indemnified Parties in connection with any claim arising out of or based in: (i) your use or inability to use the Website or the Services, (ii) any negligence, willful misconduct or violation of this Agreement, including, without limitation, infringement by you, of any warranty, covenant or obligation contained herein. Dis-ART Gallery reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. As a user, you should not, in any case, give consent to the entry of any suit or settle any claim, action or other matter without the prior written consent of Dis-ART Gallery.
DISCLAIMER OF WARRANTIES
Dis-ART Gallery does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Website or Services. As a user, you acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own risk. We reserve the right, at our sole discretion, to correct any errors or omissions in any portion of the Website or the Services. The Website and the Services, including all content, software, functions, materials and information made available or accessed through this website is provided “as it is”, without representation or warranty of any kind, express or implied, including without limitation: non- infringement, merchantability or fitness for a particular purpose. Some content may be considered objectionable by individual users, and users must, in this sense, exercise its discretion by communicating with us through the following address: help@disartgallery.com. Neither Dis-ART Gallery nor its content providers warrant that the functions, features or content contained on the Website or Services will be uninterrupted or error free, that defects will be corrected, or that any other website or server available are free of viruses or other harmful components. If your use of this Website or the services associated therewith result in the need for servicing or replacing property, material, equipment or data, Dis-ART Gallery is not responsible for those costs. Neither Dis-ART Gallery nor its content providers may give any warranty as to the accuracy or reliability of the website or services, its content, materials, information and functions provided by the software used or accessed through the website, service, or hypertext links. We are not responsible for any violation of security associated with the transmission of sensitive information through the website or services or through any website we link to. Neither Dis-ART Gallery nor its content providers can ensure that the Website or the Services will meet your needs. If you are dissatisfied with this website or any service provided on it, your sole exclusive right will be to stop using the Website and the services associated therewith.
LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
Dis-ART Gallery will not be liable for any loss of data resulting from the operation of our website, service delivery and / or enforcement of the Terms. We urge all users to keep record of any communications or to provide contributions for display on the Website or Services. We release ourselves from any and all liability for the acts, omissions and conduct of any users, advertisers and / or sponsors of the Website or the Services or otherwise related to your use of the Website and / or services.
CHANGES TO TERMS AND CONDITIONS
Dis-ART Gallery reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will become effective when posted on the platform. As a user, you agree to review the terms and conditions of use periodically to be aware of any changes. Your use of the website after any changes to these terms and conditions of use are posted constitutes an automatic acceptance of those changes.
ADDITIONAL COMPENSATION
As a user, you agree that monetary indemnification may not provide a sufficient compensation to Dis-ART Gallery if you have incurred in any violation of these Terms, and therefore you acknowledge and agree that Dis-ART Gallery entitled to an immediate injunctive relief arising from any violation. Dis-ART Gallery may provide information about you to third parties if required by law, or if the information is necessary or appropriate to address an unlawful or harmful activity. Dis-ART Gallery is not required to provide any refund to you are or have been a user of the platform, after violation of these Terms.
BUYER AGREEMENT
This agreement establishes the terms and conditions that govern the relationship between you, the buyer, and Dis-ART Gallery, regarding the process, and the terms and conditions that guide your activity as a potential buyer. If you want to access or use the website to buy any property item through the website or associated Services, you must accept the terms and conditions of this agreement without any changes. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SITE AND ITS SERVICES. WHEN YOU REGISTER AND USE THE SITE SERVICES AS A BUYER, YOU AUTOMATICALLY AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND ALL POLICIES AND DIRECTIVES, therein included as reference. The Dis-ART Gallery digital platform offers areas and mechanisms for sellers, where direct sales of property items that the sellers send to the website are conducted. As a mere intermediary in the transactions, Dis-ART Gallery promises to allow the connection and communication between the Service users, buyers and/or sellers, to facilitate the transactions; once a transaction has been agreed between service users, Dis-ART Gallery promises to mediate the delivery of the item acquired by the buyer after confirming proper payment and to deliver the amount received to the seller, minus all amounts owed to Dis-ART Gallery for providing the Service. Therefore, the property item and the amount paid for it must be sent to the mediator (Dis-ART Gallery) and the platform managers are responsible for making sure they are forwarded to their proper destination as quickly as possible. If, after making a direct sale from the site, the seller does not send the item to the gallery, the buyer will be refunded the amount they paid. However, regardless of all the efforts made to ensure neither party involved in the transaction lose out, Dis-ART Gallery has no control over the sellers and / or buyers and cannot guarantee that any transaction will be concluded. The expenses regarding the option to use any payment method available on Dis-ART Gallery are the sole responsibility of the buyer and are calculated and can be consulted on the website before confirming the purchase conditions and the sending of the order. The possibility of using the purchase services is limited to buyers who can legally participate in agreements pursuant to applicable law. Without imposing limits on the above, minors cannot bid on or buy property items through the website. Every buyer who uses the services declares and guarantees Dis-ART Gallery they are not under-age and that they can enter into and sign agreements pursuant to current law. In order to register as a potential buyer, you have to provide your real name, address, phone number, email address, along with any other details that may become necessary for successful deal. Providing imprecise registration details breaches this Agreement.
WEBSITE USE
As a buyer, you can buy property items that are on sale directly from the website during the term of this agreement, subject to the following terms and conditions: You are solely responsible for reading and understanding these Terms and Conditions and you shall be bound by the sales conditions described in the sale announcement, including, but not limited to the fees, means of payment established in the case of national or international sales, transport and handling. The website and its services can only be used legally and for legitimate purposes. As a user, you agree to comply with all laws, statutes and regulations as to using the website and its services, including those regarding bidding on and buying items. You cannot allow other individuals or entities to buy or bid on property items through the website using your user registration. The use of unauthorised passwords or user accounts is prohibited. You therefore agree not to share information about your account with any third parties. Dis-ART Gallery is not responsible for any activity arising from details regarding a compromised account. You shall not interfere with the working of the website, through any device, software, virus or other means, including, but not limited to time-bombs, etc. You recognise and agree that you have read our Terms of Use and Privacy Policy that is included for reference and, as such, is an integral part of this agreement. Our Terms of Use and / or Privacy Policy can be changed without any prior notice at any time in the future. As a user, you must frequently check our Terms of Use and Privacy Policy to keep up to date with any alterations. Except as authorised pursuant to this article, you agree not to use any information accessible from the website about other users. You agree not to use such information to solicit, publicise or send unsolicited mail or spam, harass, invade privacy, perform any censurable conduct or any other that is incompatible with the Terms of Use and / or Privacy Policy. You shall notify Dis-ART Gallery immediately if you suspect that your details have been compromised. You are liable for paying all the sales and respective taxes applied to any purchase operations you conducted through the website. Dis-ART Gallery does not have to calculate the use of sales or taxes to be applied and is not liable for collecting, attributing, paying or reporting any sales or using the taxes arising from any sales operation. The buyer agrees not to use improper or misleading brand and/or surname “user names”. Dis-ART Gallery has the right, but not the obligation to monitor any activity and content associated with the site. It can also, but is not obliged, to investigate any breach that it is advised of regarding this agreement or of any of its policies and directives (including, without any limitations, our Privacy Policy and Terms of Use) or complaints, and take any measures it considers adequate. These measures may include, but are not limited to, issuing warnings, suspending or terminating functions, denying access and/or removing all material from the website, including bids. All these measures (and any others not contained here) can be conducted by Dis-ART Gallery without any liability towards the users and any other person or entity. Dis-ART Gallery reserves the right to, at our own exclusive criteria, remove or edit any content that breaches these provisions or is questionable. Dis-ART Gallery can also, at its own exclusive criteria, remove any property item that it considers to have breached this Agreement or any of its policies and directives (including, but not limited to, our Privacy Policy and Terms of Use). In case of removal or cancellation, Dis-ART Gallery has no liability towards the buyer, the seller or any other person on entity regarding the offer of the item.
CHARGES
The buyer is responsible for paying any charges or delivery fees regarding the delivery and reception of the work they buy.
REFUNDS
You have 14 days to start a refund process. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will notify you when your refund has been initiated. Shipping costs will not be refunded for items returned. For more information please consult our SHIPPING & RETURNS POLICY.
DAMAGED ARTWORK
If an artwork arrives damaged please contact us within 5 days since the receipt of the artwork. Please photograph the outer packaging, including detail shots of the damage, and the damage to the work itself, and send the photos to help@disartgallery.com along with your name and address. We will then organize a return.
USE OF CONTENTS
RESOLUTION OF CONFLICTS
It is Dis-ART Gallery’s policy that the seller has to describe all the goods offered for sale on the website sincerely and in full. These details must cover the descriptions of the texts, images and photographs of each property item, including, but not limited to, their physical condition (also known as a state report), age, origin and all other relevant data. Dis-ART Gallery’s policy requires the seller to photograph any damage to the property and to present it clearly on the website. It also requires that the information given in a seller’s listing is not misleading, either through the inclusion of false information or the exclusion of information. Although it acts as a mediator in the transaction, Dis-ART Gallery does not have any control and cannot guarantee the quality, safety or legality of the items offered for sale through the website, the truth and precision of the lists, the ability of the seller to sell the items, the ability of the buyers to pay for the items, or if a buyer and seller are really going to complete the deal. No seller declaration about any condition, kind, value or quality of a lot should be interpreted as a guarantee, representation or supposition of liability by Dis-ART Gallery regarding this item, either expressly or implicitly.
LIMITATION OF LIABILITY
The website and services don’t have any express or implicit guarantee. Dis-ART Gallery specifically rejects the guarantees of sale and adequacy for a specific end, guarantees of non-infringement and guarantees arising from negotiation or commercial use. Dis-ART Gallery is not liable for any damage of any kind including, but not limited to, indirect, punitive and emergent damages (including, but not limited to, loss of profits) arising from or in connection with this agreement, the website, the services, the inability to use the website or services or those arising from any goods or services sold, bought or obtained or messages received or deals made through the website or services if those damages result theoretically from the contract, illicit act (including negligence), objective liability or any other means. Please note that this guarantee and limited liability notice applies to the Dis-ART Gallery service providers and each of their respective subsidiaries. Dis-ART Gallery does not guarantee or in any way represent that the website or the associated services are free of any errors or that the website or the services will never be interrupted.
COMPENSATION
As a user, you agree to safeguard and compensate Dis-ART Gallery and its controllers, associates, employees, directors, agents etc. for and against all and any claims, losses, liabilities, costs and expenses (including, but not limited to, lawyers fees), arising or in connection with the use of this website and its services, including, but not limited to (A) any claim regarding any property item bid on or bought by you on the website; (B) your breach of this agreement (including, but not limited to, your breach of any of the guidelines and/or policies incorporated by reference); (C) your breach of any current legislation, codes or regulations, and/or (D) your breach of any third-party rights, including, but not limited to copyright, breach of any property rights and the invasion of any right to privacy.
REPRESENTIONS, GUARANTEES AND ADDITIONAL CONTRACTS
As a user, you declare and guarantee you have all the power and authority to sign this agreement and assign Dis-ART Gallery the rights established in this document. You also agree to comply with the website policies and directives, which may be changed over time (including, but not limited to our Privacy Policy and Terms of Use).
TERMINATION OF THE AGREEMENT
Dis-ART Gallery reserves the right, at its own exclusive criteria, to terminate this Agreement or suspend the use of the website and/or service to any buyer at any moment and for any reason, without prior notice or explanation. This shall occur in the case of any breach of this Agreement or the documents that it includes, by reference, or if Dis-ART Gallery believes that your actions may be damaging to Dis-ART Gallery or any of our other users. The termination or suspension notice shall be sent to the address you provided in the account profile.
SELLER AGREEMENT
This agreement establishes the terms and conditions that govern the relationship between you, the seller, and Dis-ART Gallery, regarding the process, and the terms and conditions that guide your activity as a potential seller. If you want to access or use the website to sell any property item through the website or associated Services, you must accept the terms and conditions of this agreement without any changes. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SITE AND ITS SERVICES. WHEN YOU REGISTER AND USE THE SITE SERVICES AS A SELLER, YOU AUTOMATICALLY AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND ALL POLICIES AND DIRECTIVES, therein included as reference. Despite making every effort to ensure neither of the parties involved in the transaction loses out, Dis-ART Gallery has no control over the sellers and / or buyers and cannot guarantee that any transaction will be concluded. The possibility of using the purchase/sales services is limited to sellers who can legally participate in agreements pursuant to applicable law. Without imposing limits on the above, minors cannot sell property items through the website. Every seller who uses the services declares and guarantees Dis-ART Gallery they are not under-age and that they can enter into and sign agreements pursuant to current law. In order to register as a potential seller, you have to provide your real name, address, phone number and email address, along with any other details that may become necessary over time. Providing imprecise registration details breaches this Agreement.
WEBSITE USE
As a seller, you can list property items for sale directly from the website during the term of this agreement, subject to the following terms and conditions: Describe all the Property you put up for sale sincerely and precisely. This covers the descriptions of the texts, images and photographs of each property item, including, but not limited to, their physical condition (also known as a condition report), age, and all other relevant data. Any damage to the property must be photographed and clearly presented on the website. It also requires that the information given in the list is not misleading in any way, either through the inclusion of false information or the exclusion of information. The website and its services can only be used legally and for legitimate purposes. You agree to comply with all laws, statutes and regulations regarding the use of the website and its services. All information published on the website shall comply with the applicable laws, statutes and regulations. You are liable for deciding if the offer or sale of the property might breach the applicable laws, statutes and regulations. When you publish property for sale on the website, you are responsible for setting the price of the property item. At this price may or will be added VAT and other fees. By submitting any item for direct sale at Dis-ART Gallery you agree to guarantee exclusivity online in the sale of the item to Dis-ART Gallery. You shall comply with the general guidelines on property and listing that is attached, along with other policies and directives that apply to the website and which can be altered by us from time to time at our own criteria. You shall respect Dis-ART Gallery’s return policy, which states that in cases where Dis-ART Gallery considers, when it receives the product at the physical gallery (in order to conduct the transaction) that it does not comply with the description supplied when the product was published on the site or that it is damaged in some way (including, but not limited to any damage caused during transportation), the transaction will not go through and the property item shall be returned to the seller. The return policy may be altered from time to time at our criteria. As described in this Agreement, you agree, as a seller to honour the transaction agreement. You shall deliver any item that you have accepted payment for, not misrepresent an item by not complying with the terms and description of the item in the profile, or refuse to accept payment for an item at the end of a successful sale. You recognise that if you do not comply with these obligations, your action or omission may be taken to court. You shall not allow other individuals or entities to publish articles on the website using your user registration. The use of unauthorised passwords or user accounts is also prohibited. You agree not to share information about your account with any third parties. Dis-ART Gallery is not responsible for any activity arising from details regarding a compromised account. You shall not interfere with the working of the website, through any device, software, virus or other means, including, but not limited to sniping, time-bombs, etc. You recognise and agree that you have read our Terms of Use and Privacy Policy (included for reference and, as such, are an integral part of this Agreement). We may change our Terms of Use and/ or Privacy Policy in the future with no prior notice and so you should check our Terms of Use and Privacy Policy frequently to keep up to date with any changes. Except as authorised pursuant to this article, you agree not to use any information about third parties accessible from the website You agree not to use such information to solicit, publicise or send unsolicited mail or spam, harass, invade privacy, perform any censurable conduct or any other that is incompatible with the Terms of Use and / or Privacy Policy. You shall notify Dis-ART Gallery immediately if you suspect that your details have been compromised.
AUTHENTICITY GUARANTEE
As a seller, you guarantee the authenticity of all the property items you put up for sale on the website pursuant to the Property Policy and Listing Guidelines. Dis-ART Gallery reserves the right to close any sale of any item if it believes it is not authentic.
USE OF THE CONTENTS
The seller grants Dis-ART Gallery and its subsidiaries an irrevocable, non-exclusive worldwide, perpetual licence, free of royalties, to publish, reproduce or use all the materials, texts, information, images, photographs or other content, including prices, of any item published for sale on the website for all purposes on any means. You agree as the seller that you do not expect any compensation from using Dis-ART Gallery or the contents and materials.
RESOLUTION OF CONFLICTS
Dis-ART Gallery’s policy requires the seller / artist to photograph any property damage and to display them clearly on the website. In addition, it requires that the information presented in the listing of a seller is not misleading, either by including false information or by omission of information. Dis-ART Gallery has no control over the quality, safety or legality of the items offered for sale through the website, the accuracy or accuracy of the listings, the ability of sellers to sell items, buyers’ ability to pay for items, or whether a buyer or seller will actually complete a transaction. In the event of non-compliance by one of the parties, the other party will be reimbursed for the value paid for the artwork, or the artwork will be returned to him, as the case may be.
LIMITATION OF LIABILITY
The website and services are “as are” and without any express or implicit guarantee. Dis-ART Gallery specifically rejects the guarantees of sale and adequacy for a specific end, guarantees of non-infringement and guarantees arising from negotiation or commercial use. Dis-ART Gallery is not liable for any damage of any kind including, but not limited to, indirect, punitive and emergent damages (including, but not limited to, loss of profits) arising from or in connection with this agreement, the website, the services, the inability to use the website or services or those arising from any goods or services sold, bought or obtained or messages received or deals made through the website or services if those damages result theoretically from the contract, illicit act (including negligence), objective liability or any other means. Please note that this guarantee and limited liability notice applies to the Dis-ART Gallery service providers and each of their respective subsidiaries. Dis-ART Gallery does not guarantee or in any way represent that the website or the services are free of any errors or that the website or the services will never be interrupted.
COMPENSATION
As a user, you agree to safeguard the rights and compensate Dis-ART Gallery and its controllers, associates, employees, directors, agents etc. for and against all and any claims, losses, liabilities, costs and expenses (including, but not limited to, lawyers fees), arising or in connection with the use of this website and its services, including, but not limited to (A) any claim regarding any property item sold by you on the website; (B) your breach of this agreement (including, but not limited to, your breach of any of the guidelines and/or policies incorporated by reference); (C) your breach of any current legislation, codes or regulations, and/or (D) your breach of any third-party rights, including, but not limited to copyright, breach of any property rights and the invasion of any right to privacy.
TERMINATION OF THE AGREEMENT
Dis-ART Gallery reserves the right, at its own exclusive criteria, to terminate this Agreement or suspend the use of the website and/or service to any seller at any moment and for any reason, without prior notice or explanation. This shall occur in the case of any breach of this Agreement or the documents that it includes, by reference, or if Dis-ART Gallery believes that your actions may be damaging to Dis-ART Gallery or any of our other users. The termination or suspension notice shall be sent to the address you provided in the account profile.
PROPERTY POLICIES AND LISTING GUIDELINES, DIRECTIVES
1. Restricted property. A seller cannot offer to sell any property through the website if the offer or sale of the property breaches any laws or regulations or that can potentially damage the seller or Dis-ART Gallery. Notwithstanding the above, a seller cannot offer the following items for sale on the website: Stolen property; Property whose sale or offer breaches any property rights (including, but not limited to copyright, patents, trade marks or any other intellectual property rights,) privacy or third party publicity rights; Property whose sale or offer for sale is prohibited by law, standards or regulations. Notwithstanding the above, Dis-ART Gallery reserves the right, at its own exclusive criteria, to restrict or prohibit the sale of any property item through the website. 2. Representations and guarantees regarding the property. Every seller shall guarantee the following declarations regarding the publication of any property item for sale on the website; The seller has the right to offer the property item for sale on the website; The ownership of any property item put on sale and is sold, passes automatically to the buyer at the time of sale after the deal has gone through; The seller shall ensure that the property item is authentic and not fake. 3. List of directives. Sellers are obliged to completely approve and adhere to the following directives regarding the property to be sold on the site: The seller shall not include names of brands or other key words in the title that may affect the site’s search keywords; The seller shall not use brand names, misleading names or inadequate surnames as their username; The seller shall list the items in the proper categories in the site; The seller shall deliver the property item bought from them; Dis-ART Gallery is not liable for any damage to the property item during transit; The seller agrees to guarantee the online sale exclusivity of the item to Dis-ART Gallery; The seller shall not use any swear words or obscene images in any property listing. THE BREACH OF ANY OF THE POLICIES and directives mentioned above may result in IMMEDIATE SUSPENSION FROM ANY DIRECT SALES PROCESS put on-line by the seller, the removal of WEBSITE PROPERTY AND/OR THE SELLER’S IMMEDIATE SUSPENSION as a platform user. Dis-ART Gallery is not liable for any damage to the property item during transit. The seller shall not use any swear words or obscene images in any property listing.
SELLER AGREEMENT FOR ARTISTS
The following specificity is meant for sellers that assume, simultaneously, the position of author of the property item.
AUTHENTICITY GUARANTEE
As a seller, you guarantee the authenticity of all the property items you put up for sale on the website pursuant to the Property Policy and Listing Guidelines. Dis-ART Gallery reserves the right to close any sale of any item if it believes it is not authentic. The property items can be reinterpretations of other artworks if they are properly indicated as such. The artist’s profile must be filled with short biography. Each item profile submitted to the platform must be filled in completely and according to the following parameters: The. Photographic Requirements: i. High resolution photography; ii. Painting / Drawing / Illustration (minimum of 3 photographs): frontal photograph of the artwork that will serve as the main image; 2 pictures of detail; 1 photo of the frame (if applicable); iii. Sculpture (minimum of 4 photographs): frontal photograph of the work of art that will serve as the main image; 1 photograph of each of the sides; 1 detail photograph; 1 photograph of the work of art (if applicable). B. Description of the works of art by considering one or more of the following: i. Context / project / series in which the work of art is integrated; ii. Creative process; iii. Main influences; iv. For “Photography” category items: production and printing process; v. Framed artwork: If the work of art has a frame, it must be made to measure.
DIRECT SALE OF ART WORKS
All artworks submitted on the platform and accepted by the curatorial team are automatically on a direct sale platform, where any user can purchase it at a fixed price. The final price for each work of art present on the platform is calculated based on the price that the artist submits along with the submission of the profile of the artwork, plus may be added the VAT corresponding to the law of the country in which the company is registered (VAT in Lithuania 21%). In case of sale, the artist is entitled to 70% of the total value, all taxes excluded. The invoice relating to the amount paid for the item of property must be sent to the Dis-ART Gallery after the 14 days for return, and the managers of the platform will be responsible for the progress of the process. Payments to the author are made within 30 days after receipt of invoice / receipt / isolated act.
AUTHORSHIP GUARANTEE
As seller, you guarantee the authorship of every property items offered by you for sale on the website. You can only create and account as an artist or your authorized person and be listed as a seller if you are the author of the property items.
PRICE GUARANTEE
As seller you agree that the price submitted upon the artwork submission is the final price and you’ll not change without contact previously Dis-ART Gallery team by the e-mail help@disartgallery.com.
SALE OF PROPERTY ITEMS
When communicating a property item on the website, the potential seller establishes a price for sale (without VAT and other taxes) agreed with Dis-ART Gallery. When the buyer’s payment is confirmed, the seller is asked send the artwork to the buyer, properly packed according to the guidelines of the platform so that the transportation company can pick it up. The conditions of the delivery (date, time and place) will be organized between the transportation company and the seller. In case the package does not correspond to the security guidelines of transportation the competent entity may refuse to carry out the transaction and will book a new date and time. It is also requested to the seller/author to send an invoice with 70% of the agreed price, since the other 30% refers to the gallery commission which is subtracted from the same value, among other expenses that they may be liable for related with the Services required to make the transaction, including, but not limited to any applicable taxes. The invoice that refers to the value paid by the property item should be sent to the mediator entity (Dis-ART Gallery), whose platform managers will be in charge with the unfolding of the process. The author’s payments will be carried on within 30 days. For more information please read Shipping & Insurance.
SELLER AGREEMENT FOR GALLERIES
Dis-ART Gallery makes its platform available so that sellers can sell their properties online to buyers from the entire European Union. The use of the platform by external artistic entities works as a parallel process to Dis-ART Gallery’s creation purpose. The development of Dis-ART Gallery’s work regarding the dissemination and commercialization of artworks from emerging artists, it is not compromised by the addition of other entities. Furthermore, Dis-ART Gallery will not use any data, artist, privileged information or others given by the entities users of the e-commerce platform in any disloyal way or with the purpose of illicit valorisation of its own brand.
AUTHORSHIP GUARANTEE
As a seller, you guarantee the authenticity of all the property items you put up for sale on the website pursuant to the Property Policy and Listing Guidelines. Dis-ART Gallery reserves the right to close any sale of any item if it believes it is not authentic. The property items can be reinterpretations of other artworks if they are properly indicated as such.
LOGISTICS
After successful deal the transportation company and the art gallery will organize between seller and buyer the pickup conditions (date and time). The transportation value of the artworks for the buyer should be supported by the buyer himself, which will be calculated automatically or in case of delivery to different country flat-rate on Dis-ART Gallery’s online platform on the moment of the purchase.
CONNECT WITH US
Dis-ART Gallery on social media:
+370 619 41141 info@disartgallery.com
© 2018 Dis-ART Gallery.