Warning: fopen(/home/starartsgallery/storage/cache/cache.catalog.language.1675864402): failed to open stream: Disk quota exceeded in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 49Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 51Warning: fwrite() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 53Warning: fflush() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 55Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 57Warning: fclose() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 59Warning: Cannot modify header information - headers already sent by (output started at /home/starartsgallery/public_html/system/framework.php:42) in /home/starartsgallery/storage/modification/catalog/controller/startup/startup.php on line 125Warning: fopen(/home/starartsgallery/storage/cache/cache.currency.1675864402): failed to open stream: Disk quota exceeded in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 49Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 51Warning: fwrite() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 53Warning: fflush() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 55Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 57Warning: fclose() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 59Warning: Cannot modify header information - headers already sent by (output started at /home/starartsgallery/public_html/system/framework.php:42) in /home/starartsgallery/storage/modification/catalog/controller/startup/startup.php on line 189Warning: fopen(/home/starartsgallery/storage/cache/cache.catalog.language.1675864402): failed to open stream: Disk quota exceeded in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 49Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 51Warning: fwrite() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 53Warning: fflush() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 55Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 57Warning: fclose() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 59Warning: fopen(/home/starartsgallery/storage/cache/cache.currency.1675864402): failed to open stream: Disk quota exceeded in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 49Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 51Warning: fwrite() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 53Warning: fflush() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 55Warning: flock() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 57Warning: fclose() expects parameter 1 to be resource, bool given in /home/starartsgallery/storage/modification/system/library/cache/file.php on line 59 Buyer Terms & Conditions
Menu
Your Cart

General Terms & Conditions

1.    For Buyer & Seller

Purpose and Enforceability of the General Terms & Conditions

The purpose of the StarArts is to present Artworks from artists (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller.

These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

 The Role of StarArts

The role of StarArts is expressly limited to making the Site available and maintaining the Site for sellers, buyers, and users. StarArts is an intermediary and not an agent or fiduciary for any seller, buyer or user for any purpose. StarArts  is not responsible for the actual sale of any Item and does not control the information provided by sellers, buyers, or users, nor their acts or omissions. StarArts  is independent from the seller, buyer and user, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by StarArts .

The sales made through the Site are contracted directly between the Buyer and the Seller. StarArts is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site.

StarArts may, but is not obligated to, provide intermediary services between the buyer and seller in connection with customer service or dispute resolution matters. In the event StarArts elects in its sole discretion to provide intermediary services, then the decision of StarArts is final and binding on all parties and cannot be appealed, challenged or reversed.

Rules and Limits on and Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion

Auctions

StarArts may make available the Auctions where sellers may offer goods for sale by auction to the highest bidder. StarArts is independent from the buyers and sellers that participate in the StarArts Auctions and no agency, partnership, joint venture, employee-employer or franchiser-franchisee or fiduciary relationship is intended or created by the operation of the StarArts Auctions. StarArts may, but is not obligated to provide intermediary services between the buyer and sellers using StarArts Auctions. StarArts reserves the right in its sole discretion and at any time including during an auction to refuse or revoke permission for sellers to offer goods or for buyers to submit bids.

Statutory Guarantees

The Seller commits to respect and implement the statutory guarantees of the Buyer, i.e: the guarantee of non-compliance and the guarantee of hidden defects.

StarArts does not endorse, warrant or guarantee any products or service offered or provided by or on behalf of sellers on or through the site StarArts is not a party to any transaction between the buyers and sellers.

Data Protection

StarArts gathers and retains the Buyer and the Seller’s personal data to ensure proper execution of these terms. The User has a right of access, modification, correction and deletion of his/her personal data processed via the Site.

The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account. StarArts reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.

StarArts is committed to take all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer.


2.     Specific to Buyer

Account Registration

In order to make a purchase through the Services, (other than users who utilize the guest checkout option), you must first create an account by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account.  You will immediately notify StarArts of any unauthorized use of your Account. 

Order Acceptance

The Artworks are offered for sale on the Seller’s website, subject to their availability.

Each of the Artwork offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type.

To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order (or identify him/herself, if he/she has a User account). Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs.

The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement by the Buyer. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.

If the Artwork is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order with full repayment.

Sales prices and Terms of Payment

The Artworks sale price is listed on the Site in the currency you selected and this includes all taxes and packaging fees, excepting delivery fees and import duties/taxes.

The different methods of delivery and related costs are shown in the order summary. The delivery cost depends on the type of artwork, its dimensions, its weight, as well as the place of delivery.

The payment of the artwork price by the Buyer to the Seller is made via the payment services available from StarArts credit card or bank transfer. Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on StarArts website.

Delivery of Artworks

The delivery of the Artworks is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering.

The Buyer must, as soon as he receives the order, check the condition of the artwork, and mention any reservation immediately and in writing, at the latest within 48 hours to StarArts, who will transfer to the Seller.

Right Of Withdrawal

The Buyer has a period of 7 days from the delivery of the Artwork to use his/her right of withdrawal with the Seller, without any costs or reason for those art specified as “Free Returns” in product page.

The Buyer may use his/her right of withdrawal with StarArts through sending an email to the following address contact sales@starartsgallery.com

StarArts will then be responsible for handling the cancellation from the Buyer and shall process the refund within 14 days following the date on which the artwork was shipped from buyer.

The refund applies to the price of the artwork paid with deduction of shipping cost and customs fee if any.

The returned artworks that are damaged or dirtied by the Buyer shall not be accepted, nor refunded. StarArts reserves the right to decide at its sole discretion.

 

3.    Specific to Seller

Account Registration

In order to list a work on the Gallery you must first create an account by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify StarArts of any unauthorized use of your Account.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of StarArts. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. StarArts specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

a)   Posting any information which is incomplete, false, inaccurate or not your own

b)   Impersonating another person

c)   Nude or politically sensitive art work

d)   Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol

e)   Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it

f)    Posting material that reveals trade secrets, unless you own them or have the permission of the owner

g)    Posting material that infringes on any other intellectual property, privacy or publicity right of another

h)   Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Singapore export control laws

i)     Attempting to interfere in any way with the Site's or StarArts networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

Art Display in Gallery and Sales

Each of the Artwork offered should comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. Sellers are responsible for providing accurate shipping weight and shipping dimensions

If the Artwork is no longer available, the art should be removed from artist gallery. If the seller like to reproduce the same art upon request, the seller can change the status of the art work to ‘out of stock’ with adjusted delivery period.

The seller agree to ship the purchased Original Work of Art to the purchaser within the specified date in the product page. If seller do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled upon request from buyer. An administrative fee of 5% will be charged to the seller on that cancellation.

The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement by both the Seller. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.

Sales prices, Commissions and Terms of Payment

The Artworks sale price is listed on the Site in the currency you selected and this includes all taxes and packaging fees, excepting delivery fees and import duties/taxes.

The different methods of delivery and related costs are shown in the order summary. The delivery cost depends on the type of artwork, its dimensions, its weight, as well as the place of delivery.

For all Artworks sold through the Platform, each Seller must pay to StarArts commission of 20%. This commission is calculated on the final Price at which the Artwork is sold. Also commission is applied to the final price of the Artworks sold only, and not to your applied Delivery Charges.

The payment of the artwork price by the Buyer to the StarArts is made via the payment services available from StarArts credit card or bank transfer. Transfer of ownership of Art happens as soon as the full price has been paid by the Buyer to StarArts.

StarArts will pay Artist at the beginning of each month and will be credited to the bank account stored in the Artist’s registration. Artist can view the payment balance and commissions in Payouts page of your account.

Right Of Withdrawal

The Buyer has a period of 7 days from the delivery of the Artwork to use his/her right of withdrawal with the Seller, without any costs or reason for those art specified as “Free Returns” in product page by seller.

For those Art that are damaged because of improper packaging, the seller should take the responsibility of rework or reproduction on new art for buyer.

Intellectual Property

The Seller guarantees that he/she is the author of the ceded Artwork and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties.

He/she commits to protect StarArts and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession.

Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork.

The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.

 

4.    Applicable Law

These general terms and conditions of sale are governed by Singapore law.  Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Singapore Courts.