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Condition of Sale

These Conditions of Sale (“Conditions”) describe the terms and conditions that govern the relationship between MeetArts Pte Ltd of UEN202122913W (“#MeetArts”) and the buyers, prospective buyers, sellers and prospective sellers (Individually and collectively, “Users”) that use the #MeetArts website, application and services to buy, inquire about, list, market, offer for sale, or sell any work (Collectively the “Services”). By using the Services, you agree and acknowledge these Conditions and you also agree and acknowledge our Terms of Service, which governs your access to and use of the Services more generally, and our Privacy Policy, which describes our practices for the collection and use of your personal data, each of which (the Terms of Service and Privacy Policy) are hereby incorporated in these Conditions by reference.

 

To have a better experience on #MeetArts, please read these Conditions carefully. These Conditions will cover important information about the Services provided to you. These Conditions also include information about future changes to these Conditions and limitations of liability.

 

Please note that your use of and access to our Services means that you agree and acknowledge that you are subject to the following terms. If you do not agree to all of the following, you may not use or access any of the Services we provide.

 

GENERAL CONDITIONS
The Services we provide include an online platform with tools to buy, inquire about, list, offer for sale, and sell artwork and other property. All items listed on sale on our Services are sold directly from the seller to the buyer and we do not take part in any sale. The contract formed is solely between the buyer and seller, we are not a party to the contract and we do not assume any responsibility in connection with it. We may facilitate communication, payment, shipping, or other services between the buyers and sellers in connection with some of the items. However, we are not the agent of any buyer or seller on our Services. Unless we agree otherwise in writing, all items listed, offered and sold are under the seller’s name. By using our Services, the seller agrees and acknowledges that we may use the seller’s name in connection with the listing, offer and sale of any and all items listed by seller on and in connection with the Services, and to inform others of the sellers that use our Services.

 

All communication is made electronically. You consent to communicate and receive communication electronically via e-mails, texts, mobile push notices or messages on #MeetArts website. You agree that all agreements and communication that we provide you electronically satisfy any legal communication be in writing. 

 

You must comply with all Singapore, U.S. or other international export or sanctions that may apply to you and the Services.

 

By using our Services, you agree and acknowledge the terms written in the Conditions of Sale. If you do not agree with any of them, please do not use any of our Services.

 

#MeetArts reserve the right to make changes to these Conditions of Sale at any time and any changes made will be posted here. By using our Services, you are responsible for reviewing the changes made on these Conditions of Sale and your continued use of our Services means that you agree and acknowledge the changes made on these Conditions of Sale.

 

ADDITIONAL PROPERTY TERMS
Sellers that use our Services are separate businesses from #MeetArts and may have their own additional terms and conditions that apply to the items they post on their listings. Such terms and conditions may be posted in the particular seller’s page (the “Seller Conditions”) and buyers are responsible for reviewing all relevant information available on the Services first before buying any item. If  Conditions from our Services conflict with any Seller Conditions, the Seller Conditions will govern to the extent the conflict relates to the seller, including, but not limited to, the seller’s rights, protections or obligations, and these Conditions will govern to the extent the conflict relates to #MeetArts, including, but not limited to, #MeetArts’ rights, protections or obligations. 

 

 For the avoidance of doubt, in no event will any Seller Conditions constitute any representation, warranty, or assumption of liability of any kind by us.

 

LISTINGS
(i) Listing Descriptions
When posting a listing, sellers are solely responsible for:

  • accurately describing the item on the listing
  • all images, information and other material that sellers submit, upload, post, publish or otherwise make available or accessible on our Services

 

Information provided by #MeetArts to the buyers in respect of any item, whether written or oral, and information in any listing, condition or other report, commentary or valuation, is not a representation of fact but rather a statement of belief held by #MeetArts which is solely based on the information provided to us by the sellers. #MeetArts reserves the right in its sole discretion to revise, edit, and modify your listings as well as to unpublish a listing at any time if we believe there is a need to. Listing descriptions and condition reports may refer to particular imperfections of an item but buyers should note that some items may have other faults not expressly referred to in the listing or condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or to convey full information as to the actual condition of the item.

 

(ii) Artist Information
The Services may include features and settings that enable sellers to provide information with respect to artists, designers or other makers (each, an “Artist”) that you created listings for the sake of offering it for sale by you and/or Artists with whom you otherwise have an affiliation or relationship. By using our Services, you agree and acknowledge that all information you provide with respect to each Artist is true and accurate, that you will not misrepresent your affiliation or relationship with any Artist on or in connection with the Services, and that you will update all such information and settings on the Services if there are any inaccuracies or to keep them accurate and current. For any additional information you may provide about an Artist we reserve the right to publish as well.

 

(iii) Corrections
#MeetArts reserves the right, but has no obligation, to modify the listings created by sellers and Artist information such as, but not limited to, to correct any inaccuracies.

 

(iv) Seller Information
By using our Services, sellers agree and acknowledge that the contact information they provide to us may be posted as part of their listings and their online profile on the Services.



REGISTRATION
To join the #MeetArts community, you are required to create an #MeetArts account and complete all required registration and provide all required information, which may include but not limited to:

  • name
  • email address
  • date of birth
  • billing address
  • delivery address
  • credit/debit card information
  • telephone number
  • gender
  • any other information the User gave when the User uses our Services or Platform or when the User creates an account to use our Services or Platform

 

Should you fail to provide this documentation or information upon our request within a reasonable amount of time, we may refuse to allow you to have access to our Services and sell on our Services. By using our Services, you agree to, where applicable:

 

  1. update all such information as necessary to keep it accurate and current
  2. not use any name that you are not legally authorised to use in connection with your account of use of the Services
  3. maintain the confidentiality of your password and will not assign, rent, sell, lease, sub-license, or otherwise transfer your account to any third-party
  4. be responsible for any and all activity that occurs under or through your account or password. #MeetArts reserves the right to change your password, require you to change your password or require additional information from you to verify your identity before allowing you to access or use any or all of the Services, at any time at our sole discretion, for any reason, such as, but not limited to, such action is necessary to maintain the security of your account and/or our Services
  5. notify us immediately in writing if you suspect or become aware of any unauthorised access or use of your account, password and/or other breach of security on the Services

 

INQUIRIES
Our Services include features that allow for buyers to contact us or the sellers regarding an item listed on the Services. By using our Services, you agree and acknowledge that users may contact you or us using these features (“Inquiry”). #MeetArts and the sellers will have no obligation to accept, respond to, or forward any Inquiry with no liability for any delay or failure to do so. Any Inquiry order submitted outside of the Services will be completed directly between the buyer and seller, and #MeetArts shall not have any liability for such offline transaction and for the avoidance of doubt, #MeetArt’s Buyer Guarantee shall not apply.

 

By using our Services, sellers agree and acknowledge that the contact information you provide us may be posted as part of your listings on the Services and as part of your online profile on the Services. Unless we expressly agree otherwise in writing, each sale that is not conducted through any of #MeetArts checkout methods, the seller will be solely responsible for collecting payment from the sale and #MeetArts is not liable for any frauds.

 

Sellers may receive or otherwise obtain the buyer’s name, email address, postal address or other information when a buyer makes an Inquiry or purchases an item from you, or otherwise in connection with your use of the Services (collectively, “User Information”), but #MeetArts is under no obligation to provide such information to you if requested. You agree to only obtain and use User Information for the purposes related to the user’s Inquiries or transactions, and not misuse them for unsolicited communications except if the user has given you consent to use their User Information for such purposes.



ONLINE PURCHASES
(i) Features
In order to purchase an item on our Services, we provide features such as using the online purchase feature (“Buy Now”). Except as expressly stated in these Conditions, Online Purchases are binding on the buyer and seller. Buyers and sellers are required to complete the Online Purchase transaction subject to these Conditions. Where available, the Buy Now feature will be indicated on the Services with a “Buy Now” or comparable button. The item will not be removed from a seller’s inventory until such time as a seller accepts the Buy Now or if the seller chooses to delete the item from the inventory. We may designate an item as sold or not for sale on the Services immediately once we become aware that it is the subject of an Online Purchase, whether or not such an Online Purchase transaction is still pending. All Online Purchase transactions will be conducted in the currency designated by us.




(ii) Buyer’s Responsibility
Each buyer that places an order using “Buy Now” is required to complete the transaction if they hit the “Buy Now” button (the transaction includes all the material terms of the offer (e.g., shipping costs related to the property)). When a buyer purchases an item, the buyer is accepting personal liability for the total transaction price. 

 

By using our Services, you agree and acknowledge that you have not relied on any term, condition, warranty or representation made by on behalf of the seller which has not been stated expressly in any descriptions or illustrations or specifications in any document including any publicity material produced by #MeetArts or the seller.



(iii) Offline Sales
By using our Services, you agree and acknowledge that any sales initiated through #MeetArts Platform may not be taken offline. Should we discover a sale has been completed outside of our Services, we reserve the right to charge the buyer and the seller a commission on that sale. Furthermore, if an Online Purchase is completed outside of our Services, the protections provided by #MeetArts Buyer Guarantee (where applicable) will not apply to either buyer or seller.

 

(iv) Item Verification
#MeetArts reserves the right to review any item before allowing the seller to proceed with the sale.



#MEETARTS RIGHTS
#MeetArts reserves the right at any time at our sole discretion, but has no obligation to:

  1. refuse registration to any buyer, seller, person or entity
  2. modify, edit, revise or withdraw any property from the Services
  3. revise, edit, and modify seller’s listings as well as remove a listing
  4. reject any offer made using the Online Purchase feature
  5. rescind a sale and cancel or reverse a related transaction such as, but not limited to, if the item was previously sold and is no longer available for sale, the description of the item was not accurate, or the item has been damaged
  6. terminate your access to our Services

 

#MeetArts will have no liability whatsoever for taking any of the foregoing actions. Upon notice of #MeetArts’ decision to rescind the sale or to cancel or reverse a transaction, the buyer will promptly return the item to #MeetArts or the seller, at our discretion, and we or the seller will then refund the total transaction amount.

 

PAYMENT SERVICES
(i) Setup
We may require you to provide business, contact, financial, tax, payment information, or any supporting documentation of the same before you are allowed to list, market, offer or sell any items through our Services, and before we will accept payments from buyers to you by one of our checkout methods. We may also require you to provide further financial, business or personal information at any time to verify your identity. You authorise us to verify your information and to obtain credit reports about you in order to approve your use on our Services.

 

(ii) Payment Processor
We may use third-party payment processors (“Payment Processor”) to process transactions from buyers. We will not be liable or responsible for any loss of or inability to do business or other damage or loss of any kind resulting directly or indirectly from:

  1. any inability to register or use any services of any Payment Processor
  2. any policy, act or omission of any Payment Processor
  3. any failure to accept any payment by credit or debit card or other means provided at our checkout page

We will not be liable to you if we permit any buyer to cancel any Online Purchase because any Payment Processor’s services become unavailable after the buyer initiates the transaction.

 

(iii) Non-Payment by Buyer
By using our Services, you agree and acknowledge that #MeetArts has no obligation to enforce any payment from any buyer or to take any legal action or other action against any buyer that fails to make any payment under any circumstances. In no event shall #MeetArts be liable for any loss of profits, revenue or anticipated savings, or any special, incidental or consequential damages arising out of any non-payment by the buyer.

 

(iv) Currency
We will make all payments to you in SG Dollars unless we expressly agree otherwise in writing.

 

(v) Taxes
For the purposes of these Conditions, “Seller Taxes” means any and all sales, use, goods and services, value added, consumption, excise, import, export, and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any listing marketing, offer or sale of item by you on or through the Services, or otherwise in connection any third-party.

Unless #MeetArts is required to pay the relevant tax under applicable law, you agree and acknowledge that it is your responsibility to maintain all required records and remit to the proper tax authority any Seller Taxes that may apply to the sale of each item and that we are not obligated to determine whether any Seller Taxes apply and are not obligated to collect, report or remit any Seller Taxes arising out of any transactions.  You agree that no statement made by us or any of our representatives, whether orally, in writing, on the Services or elsewhere, constitutes or may be relied on by you as tax advice.

 

By using our Services, you agree and acknowledge to indemnify #MeetArts for Seller Taxes or other transaction taxes, interests and penalties, that are related to the sale or use of an item sold through #MeetArts’ platform, the Services provided to you, any related delivery charges, or other charges related to or arising from these Conditions, and that #MeetArts pays to a taxing authority. #MeetArts shall not be liable for any such Seller Taxes or other transaction taxes, interests and penalties asserted against you. You agree to provide #MeetArts all necessary information needed for us to prepare tax returns or defend against a tax audit or other proceeding with a taxing authority. However, #MeetArts reserves the right to retain sole control and discretion with respect to such proceedings.

 

(vi) Artist’s Resale Royalty
If applicable, you will be solely responsible for determining the applicability and the payment of any such royalties with respect to the items sold by you.

 

(vii) Online Purchase Cancellation
In the unlikely event of a cancellation or return request of an Online Purchase because, but not limited to, it was not accurately described, you agree to accept their request. If a buyer wishes to cancel or return an order for any other reason, you will work with #MeetArts and the buyer to seek an amicable resolution.

 

If we cancel the sale pursuant to the above, you will accept the return of the item if the item has been collected from you and return any net proceeds back to the buyer.



SELLER SHIPPING
(i) Shipping and Handling
Unless #MeetArts or the seller agrees otherwise, the buyer is required to pay all shipping, packing, and transit insurance fees and costs for the purchased item. It is the buyer’s responsibility to ensure that a valid delivery address is provided when buying any item. Sellers may be required to pay additional shipping fees on behalf of the buyer if a shipping provider determines the item was not accurately described on the Services. Buyers and sellers are required to disclose any and all information required to import or export the item. Shippers may contact buyers and sellers directly with communications necessary to pick up and deliver the item. If the seller coordinates shipment and the item is lost or damaged, the seller will use best efforts to work with the shipper to resolve the matter. In addition, the seller is responsible for:

 

  1. insuring shipments unless an alternative agreement was previously agreed with #MeetArts
  2. accepting a return, refund, or discount on a lost or damaged item
  3. in the case of a return, covering return shipment and insurance on that shipment

 

To the extent #MeetArts’ Buyer Guarantee applies to the shipment of any item that is lost or damaged or sold not as described, the seller will reimburse #MeetArts for any amounts paid to a buyer pursuant to such Buyer Guarantee.

 

(ii) Our Role
#MeetArts may, but are not obligated to, provide support in the shipping process, such as, but not limited to, facilitating communication or payment between buyers and shippers, or recommending third-party service providers. Do note that any support or recommendations are for convenience only and #MeetArts do not constitute or imply any representation, warranty, or assumption of liability of any kind. #MeetArts is not the agent of any buyer, seller or third-party for any purpose, such as, but not limited to, in connection with the shipping, packing or handling of any property. Unless we have specifically agreed otherwise in writing with respect to a certain item, #MeetArts do not have any control and are not liable or responsible, directly or indirectly, for the acts, omissions or policies of the seller or any third-party in connection with the shipping, packing or handling of any item, whether or not recommended by us. Unless specifically agreed in writing by us, at no time will #MeetArts assumes custody, physical possession, risk or responsibility for any property.

 

(iii) Release of Purchased Item
The seller agrees to release physical possession of any item within seven days of confirmation from us that the buyer has paid the total transaction amount in good and cleared funds. The seller agrees to provide shipment tracking details, and to provide #MeetArts, if requested, with a copy of release records for each such item signed by the buyer or a copy of the shipping company’s bill of lading signed by the seller confirming that you have released such item. If the seller coordinates the shipment and the item is lost or damaged, the seller will use best efforts to work with the shipper to resolve the matter.

 

AVAILABILITY AND PRICING
We cannot guarantee that any item appearing on the Services will be available to sell or listed with the correct price, including but not limited to the items listed with the Online Purchase feature. By using our Services, you agree and acknowledge that all items appearing on the Services are subjected to availability.

 

BUYER REPRESENTATIONS AND WARRANTIES
By using our Services, buyers agree and acknowledge to represent and warrant that all information provided on or through the Services is true and accurate and that you will not allow any other person or entity to use your #MeetArts account or login credentials. Buyers also represent and warrant that any purchases made or offers placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement and are otherwise consistent with governmental law.

 

SELLER PRESENTATIONS AND WARRANTIES
By using our Services, sellers agree and acknowledge that:

  1. you are the sole owner of the item or are duly authorised by the owner of the item to offer and sell the item
  2. you have the right to offer and sell the item subject to these Conditions
  3. upon sale, good and marketable title and right of possession to the item will be pass to the buyer and it would be free from any claims, liens or other encumbrances of any third-party such as, but not limited to, claims of governments or governmental agencies
  4. the item on your listing is authentic and not a counterfeit and you have no reason to believe otherwise
  5. if applicable, the item has been lawfully imported into the jurisdiction in which it is currently located and lawfully exported subject to the laws of the country in which it was formerly located, and any taxes and/or duties on such import and export have been paid
  6. all data provided by you to describe the item is accurate and not misleading
  7. you have all necessary rights and authority to enter into these Conditions and perform your obligations under these Conditions
  8. none of your acts or performance in connection with these Conditions and no part of these Conditions will conflict with any obligation that you have to any third-party, whether contractual or otherwise (together the “Seller Warranty”). By using our Services, you agree and acknowledge that the Seller Warranty is for the benefit of #MeetArts and the buyer of the item, that such Seller Warranty will survive these Conditions and the transactions contemplated by these Conditions, and that such Seller Warranty applies to all items that you have listed for sale, market, offer or sell on or in connection with the Services. You agree and acknowledge to immediately notify us in writing of any circumstances that may cause the Seller Warranty to be inaccurate or breached in any way

 

INDEMNIFICATION
By using our Services, you agree to indemnify, defend and hold harmless the (i) #MeetArts and (ii) Sellers and/or buyers, as applicable, from and against all claims, costs, liabilities, penalties, losses, damages and expenses arising out of any claims, actions, audits, investigations, inquiries or any other proceedings instituted by any third-party that arise out of or relate to any actual or alleged breach of any of your agreements, obligations, representations or warranties set in these Conditions. You agree to reimburse us for any costs and expenses arising out of any claims by us against you arising out of your breach of these Conditions or other misuse of the Services under these Conditions. Your obligations set in this section will survive these Conditions and your use of the Services.

 

DISPUTE RESOLUTION
As we are not the agent of any buyer or seller for any purpose, #MeetArts has no duty to resolve, and will not act as the agent of any buyer or seller in connection with resolving any disputes. However, we may, but are not obligated to, provide intermediary services between buyers and sellers in connection with customer service or dispute resolution matters. In the event that we elect in our sole discretion to provide intermediary services, we will attempt to help the buyer and seller to resolve their dispute in good faith and based solely on our interpretation of our policies and we will not make judgments regarding legal issues or claims. Decision made by #MeetArts is final and binding on all parties and cannot be appealed, challenged or reversed, including, but not limited to, the applicability or resolution of any matter related to any Buyer Guarantee. The buyer and seller agree to cooperate with us in a timely manner in any such investigations that we may choose to conduct, as permitted by applicable law. In order to be protected by these Conditions or any Buyer Guarantee, communication for orders and transactions must be performed on the Services and any users who engage and communicate off of the Services will not be protected by them.

 

GENERAL RELEASE
#MeetArts does not endorse or control and is not responsible for the conduct, performance or non-performance (whether online or offline) of any buyers or sellers in any way connected with the Services of any item listed, marketed, offered or sold through the Services. If you have a dispute with one or more buyers or sellers in any way connected with the Services, you release #MeetArts from all claims, demands and damages of every kind and nature. You expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release.

 

DISCLAIMER OF WARRANTIES
By using our Services, you agree and acknowledge that you are using the Services at your own risk. #MeetArts does not provide any warranties of any kind, express or implied, to any item listed, marketed, offered or sold through the Services. In no event will #MeetArts be liable or responsible for any errors or omissions in any listings or for any inability or failure to access the Services, including, but not limited to, any failures resulting directly or indirectly from any loss of internet or telephone connection or from any breakdowns or malfunctions of the Services of any device or system directly or indirectly affecting the availability or operation of the Services.

 

LIMITATION OF LIABILITY
You understand that #MeetArts does not manufacture, store, or inspect any of the items sold through our Services. At #MeetArts, we only provide the venue and the items on our Services are produced, listed, and sold directly by independent sellers. In no event #MeetArts makes any warranties about the quality, safety, authenticity, or the legality of the item you bought or the seller you interacted with. Any legal claim related to an item you bought must be brought directly against the seller of the item.

 

By using our Services, you may come across materials that you find offensive, abusive, threatening or inappropriate. We make no representations concerning any content posted by our users through the Services. #MeetArts is not responsible for the accuracy, copyright compliance or legality of the content posted by users you have interacted with through the Services.

 

Our Services may contain links to third-party websites or services that we do not own or have control over. When you access such third-party services, we are not liable for anything that happens after you do so, and you are doing so at your own risk. The third parties may require you to accept their own Conditions and #MeetArts is not a party to those agreements; their Conditions are solely between you and the third party. 

 

GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. Any dispute, controversy, claim or difference of any kind whatsoever shall arise out of or relating to these Conditions of Sale against or relating to #MeetArts or any Indemnified Party under these Conditions of Sale shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section. 

 

CHANGES TO THESE CONDITIONS
#MeetArts reserve the right to change, modify, add or remove any part of these Conditions at any time at our sole discretion. All changes made to these Conditions will be effective immediately when posted on the Services or when we notify you through the email you have registered with us or some other means, and you agree and acknowledge to review these Conditions carefully and inform yourself of all applicable changes when listing an item and before buying on any item. If you do not agree with the updated Conditions, please do not use our Services. By continuing to use the Services, you agree and acknowledge to be bound by such changes and the updated Conditions. Changes to these Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these Conditions that was in effect at the time that such transaction, claim or dispute took place. #MeetArts will not be liable to you or any third-party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Conditions such as, but not limited to, any loss of or inability to do business or to provide or use any item or service. Please save and/or print a copy of these Conditions for your records.

 

OWNERSHIP
#MeetArts grants you a non-exclusive, non-transferable, limited right and licence to access and use the Services subject to these Conditions for personal use only. This licence does not allow you to make any commercial use or any derivative use of the Services.

 

All proprietary Content, trademarks, service marks, logos and other intellectual property displayed in the Services are the property of #MeetArts and where applicable, third-party proprietors identified in the Services. You do not have the right or licence to use, reproduce or claim any such proprietary Content, trademarks, service marks, logos and other intellectual property. By using or accessing the Services you acknowledge and agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services.

 

COMPLIANCE WITH LAW AND THIRD-PARTY RIGHTS
The Services may be used only for lawful purposes and in a lawful manner. By using our Services, you agree and acknowledge that your use of the Services and all of your acts and performance in connection with these Conditions, including, but not limited to, your listing, marketing, offer and sale of all items, and your making available any images, information, or other materials that are made available on or in connection with the Services, must:

 

  1. comply at all times with all applicable local, state, national, and international laws, rules, and regulations, such as, but not limited to, any tax laws, consumer protection laws, antitrust laws, and export and/or import laws
  2. not violate the rights of any third-party, such as, but not limited to, any copyright, moral right, trademark right, privacy right, publicity right, or contractual right
  3. not be defamatory or libellous
  4. not be counterfeit, illegal, stolen or fraudulent

 

if the use of any images or other material that you wish to make available on or in connection with the Services, whether with respect to an item or otherwise, requires any licences or permissions from any copyright holder or other person or entity having rights in or with respect to such material, you agree and acknowledge that you are solely responsible for obtaining and will obtain at your own cost any such licences or permissions before making any such images or materials available on or in connection with the Services, and that #MeetArts will not have to pay any royalty or other fee to you or any third-party with respect to the use of any images or material made available by you on or in connection with the Services.

 

CONTACT INFORMATION
If you have any questions about these Conditions, please email us at [email protected].