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.