Suarte’s terms and conditions
- Introduction
1.1. Acceptance of Terms and Conditions
1.2. Changes to Terms and Conditions
1.3. Eligibility and Registration
- Intellectual Property Rights
2.1. Ownership
2.2. License Grant
- User Content
3.1. License Grant by Users
3.2. Representations and Warranties
3.3. Removal of User Content
- User Conduct
4.1. Prohibited Activities
- Privacy Policy
5.1. Incorporation of Privacy Policy
- Third-Party Links
6.1. External Links
- Termination
7.1. Right to Terminate
- Galleries and Artists
8.1. Gallery Responsibilities
8.2. Artist Profiles
8.3. Commercial Agreements
- Limited Editions
- Artwork Contract
10.1. Artwork Representation:
10.2. Artwork Authenticity
10.3. Copyright
10.4. Artwork Pricing and Sales
10.5. Shipping and Handling
10.6. Returns and Refunds
- Invoices and Billing
11.1 Billing System
11.2 Electronic Billing
11.3 Invoice Document
11.4 Paying Suarte with a Negative Balance
11.5 Changing Billing Information
11.6 Viewing and Managing Payment History and Invoices
- Disclaimer of Warranties and Limitation of Liability
- Indemnification
- Governing Law and Jurisdiction
- Severability
- Entire Agreement
- Contact Information
Suarte’s Terms and Conditions
- Introduction
1.1. Acceptance of Terms and Conditions: By using or accessing Suarte’s platform, users agree to comply with and be bound by these Terms and Conditions.
1.2. Changes to Terms and Conditions: Suarte reserves the right to modify or update these Terms and Conditions at any time, and users are responsible for regularly reviewing them.
1.3. Eligibility and Registration: Users must be at least 18 years old to register and use Suarte’s platform. Registration requires providing accurate and complete information.
- Intellectual Property Rights
2.1. Ownership: Suarte owns or licenses all rights, titles, and interests in the platform’s content, features, and functionality.
2.2. License Grant: Suarte grants users a limited, non-exclusive, non-transferable, and revocable license to access and use the platform for personal, non-commercial purposes.
- User Content
3.1. License Grant by Users: Users grant Suarte a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and sublicensable license to use, promote, modify, distribute, and display user content on the platform.
3.2. Representations and Warranties: Users represent and warrant that they have all necessary rights and permissions to submit user content to the platform.
3.3. Removal of User Content: Suarte reserves the right to remove or modify user content at its sole discretion, without prior notice.
- User Conduct
4.1. Prohibited Activities: Users agree not to engage in activities that violate these Terms and Conditions or any applicable laws and regulations, infringe upon others’ rights, or interfere with the operation of the platform.
- Privacy Policy
5.1. Incorporation of Privacy Policy: Suarte’s Privacy Policy is incorporated into these Terms and Conditions and outlines the collection, use, and disclosure of users’ personal information.
- Third-Party Links
6.1. External Links: The platform may contain links to external websites, and Suarte is not responsible for the content or practices of such websites.
- Termination
7.1. Right to Terminate: Suarte reserves the right to terminate or suspend user access to the platform at any time, without notice, for any reason.
- Galleries and Artists
8.1. Gallery Responsibilities: Galleries are responsible for managing artist profiles, uploading artworks, and establishing commercial agreements with artists.
8.2. Artist Profiles: Artists can claim their profiles and access platform features, monitor performance, connect with audiences, and increase their visibility.
8.3. Commercial Agreements: Galleries and artists must establish clear and fair financial agreements to ensure mutual benefits.
- Limited Editions: Suarte offers exclusive, high-quality limited edition prints produced and distributed with the permission of the artwork’s legal representative.
- Artwork Contract
10.1. Artwork Representation: By uploading or providing information about an artwork, galleries and artists represent that they have the necessary rights, permissions, and authority to offer the artwork for sale on Suarte’s platform. They also warrant that the information and images provided are accurate, complete, and not misleading.
10.2. Artwork Authenticity: Artwork representatives are responsible for ensuring the authenticity and quality of the artworks offered on the platform. Suarte is not liable for any disputes or claims arising from the sale or display of counterfeit, forged, or misrepresented artworks.
10.3. Copyright: Sellers acknowledge that they are responsible for obtaining and maintaining any necessary copyright, trademark, or other intellectual property rights associated with the artworks they offer for sale on Suarte’s platform.
10.4. Artwork Pricing and Sales: Sellers are responsible for setting the price of their artworks, excluding limited editions, and for completing sales transactions in accordance with these Terms and Conditions and any applicable laws and regulations.
10.5. Shipping and Handling: Sellers are responsible for properly packaging and shipping sold artworks to buyers in a timely manner, as well as providing tracking information and maintaining communication with buyers throughout the shipping process.
10.6. Returns and Refunds: Sellers must adhere to Suarte’s return and refund policy, which requires them to accept returns and issue refunds for artworks in accordance with the platform’s guidelines and any applicable laws.
- Invoices and Billing
11.1. Billing System: Suarte uses an electronic billing system to simplify invoicing and payments for galleries.
11.2. Electronic Billing: Invoices are issued electronically and have the same legal validity as paper invoices.
11.3. Invoice Document: Suarte provides detailed monthly digital documents outlining sellers’ financial activities on the platform.
11.4. Paying Suarte with a Negative Balance: If the gallery has a negative balance, it must transfer the specified amount to Suarte within 14 days after the invoice is issued.
11.5. Changing Billing Information: Users can update their billing information by visiting the “bank account” section in their profile menu and saving any changes.
11.6. Viewing and Managing Payment History and Invoices: Users can access the “Invoices” section in their profile menu to view and manage their payment history and invoices.
- Disclaimer of Warranties and Limitation of Liability: Suarte provides the platform on an “as is” and “as available” basis, without warranties of any kind. Suarte is not liable for any damages arising from the use of or inability to use the platform.
- Indemnification: Users agree to indemnify and hold harmless Suarte and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from their use of the platform or violation of these Terms and Conditions.
- Governing Law and Jurisdiction: Although Suarte is not responsible for any disputes arising between sellers and purchasers, it reserves the right to intervene and make a final decision in the event a resolution cannot be reached by the involved parties. This decision may be made at Suarte’s discretion when it deems necessary or when requested by either party. If the Seller or the Purchaser for any reason, decides to bring a claim against Suarte, These Terms and Conditions are governed by the laws of Spain, and users agree to submit to the exclusive jurisdiction of the courts of Spain for any disputes arising out of or relating to the use of the platform.
- Severability: If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Entire Agreement: These Terms and Conditions, along with any other agreements and policies incorporated by reference, constitute the entire agreement between users and Suarte concerning the use of the platform and supersede any prior agreements.
- Contact Information: If users have any questions or concerns regarding these Terms and Conditions or the platform, they can contact Suarte at [email protected].
By incorporating all the necessary information and covering crucial points, these Terms and Conditions aim to protect the interests of Suarte, galleries, artists, and users while ensuring a secure and enjoyable experience for all parties involved.