TERMS OF USE

Welcome to shairart. The following Terms and Conditions of Use ("Terms") apply to and govern your use of the online platform shairart and all its associated services ("Services"). In this sense, the terms "we" or "our" used throughout this document refer, obviously, to shairart.

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

shairart 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 shairart. You may download one (1) copy of the content of the Website and the Services only for personal informational use, provided that you maintain all copyright, assignments and other notices contained in the Content, including trademarks and service marks of shairart and its affiliates or any copyright holder identified in the copyright notice of the individual content. 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 shairart. 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 shairart.

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 shairart'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

shairart 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. shairart is the owner of the copyright in the entire website and associated services. shairart 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

shairart 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. shairart 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 shairart 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 shairart or third parties, or for any other reason, with or without notice. As a user, you agree that shairart 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. shairart cannot, however, guarantee that the content of these sites is true, accurate, legal and / or inoffensive. shairart has no control over these websites or their content. shairart 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.

SHAIRART ON MATERIALS PROVIDED BY USERS

shairart 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 shairart, 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 shairart 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 base bid price, or a fixed price, receiving, once confirmed the payment by the winning bidder or 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 50% 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 shairart 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 shairart 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 shairart 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 shairart (Website or Services), no confidential, fiduciary, contractually implied or other relationship that is not in accordance with these Terms is created between you and shairart or any of its affiliates. shairart 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 shairart. 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 shairart 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 shairart, 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. shairart 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 shairart sole discretion) if such materials are objectionable or violating any of the terms described herein.
shairart 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, shairart 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 shairart, 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 shairart 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.
shairart 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 shairart.

DISCLAIMER OF WARRANTIES

shairart does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Webite 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: < info@shairart.com.  
Neither shairart 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, shairart is not responsible for those costs.
Neither shairart 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 shairart 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

shairart 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

shairart 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 shairart if you have incurred in any violation of these Terms, and therefore you acknowledge and agree that shairart entitled to an immediate injunctive relief arising from any violation. shairart may provide information about you to third parties if required by law or subpoena, or if the information is necessary or appropriate to address an unlawful or harmful activity. shairart 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 shairart, 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 bid on or 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 shairart 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, shairart 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, shairart 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 shairart for providing the Service. Therefore, the property item and the amount paid for it must be sent to the mediator (shairart) 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, shairart 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 shairart 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 shairart 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 and a valid credit card number, along with any other details that may become necessary over time. Providing imprecise registration details breaches this Agreement.


WEBSITE USE

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 also expressly prohibited. You therefore agree not to share information about your account with any third parties. shairart 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 shairart immediately if you suspect that your details have been compromised.

You are strictly prohibited from bidding on any property item so as to artificially increase its value or manipulate the bidding process on the website or the purchase price of any property item listed on the website.

You are liable for paying all the sales and respective taxes applied to any purchase operations you conducted through the website. shairart 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".

shairart 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 shairart without any liability towards the users and any other person or entity. shairart reserves the right to, at our own exclusive criteria, remove or edit any content that breaches these provisions or is questionable. shairart 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, shairart 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.


PICKING UP AN ARTWORK AT THE GALLERY

1. BY THE BUYER HIMSELF: the buyer must present its personal identification to prove its identity. The team element responsible for the delivery of the artwork, must verify if the VAT number and transaction name correspond to the ones on the Citizen Card. In case the payment was via bank transfer, the buyer must present a payment proof when he comes to pick up the art work, or send it by e-mail to info@shairart.com before the pick up. 

2. SOMEONE ELSE DOES IT FOR YOU: in this case the person that picks up the artwork must present the payment proof and copy of the Citizen Card of the buyer. Before the pick up, the buyer himself must send the full name of the person that is going to pick up the artwork so that we can identify him by looking at his Citizen Card.


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. If you are approved a credit will automatically be applied to your account, within a certain amount of days.


GIFT RETURNS

If you have received an artwork as a gift, you may exchange it for credit to use in this website. The amount will be deducted from your next purchase. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties. To arrange a return, please email info@shairart.com.


DAMAGED ARTWORK

If an artwork arrives damaged please contact us within 14 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 info@shairart.com along with your name and address. We will then organize a return.


USE OF CONTENTS

The buyer grants shairart 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 they buy from the website for all purposes on any means. The buyer agrees not to ask or expect any compensation for shairart's use of the contents and material.


RESOLUTION OF CONFLICTS

It is shairart'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. shairart'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, shairart 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 shairart regarding this item, either expressly or implicitly.


LIMITATION OF LIABILITY

The website and services are "as are" and without any express or implicit guarantee. shairart specifically rejects the guarantees of sale and adequacy for a specific end, guarantees of non-infringement and guarantees arising from negotiation or commercial use.

shairart 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 shairart service providers and each of their respective subsidiaries. shairart 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 shairart 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 shairart 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

shairart 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 shairart believes that your actions may be damaging to shairart or any of our other users.

The termination or suspension notice shall be sent to the address you provided in the account profile.

The following provisions survive any termination of this Agreement: Resolution of Dispute, Limited Liability, Compensation, launch, representations, guarantees and additional agreements and Miscellaneous.


SELLER AGREEMENT


This agreement establishes the terms and conditions that govern the relationship between you, the seller, and shairart, 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, shairart 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 shairart 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.

You are strictly prohibited from bidding on any property item so as to artificially increase or manipulate the bidding process on the website or the purchase price of any property item listed on the website.

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 shairart's return policy, which states that in cases where shairart 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.

Sellers are expressly prohibited from using the website to offer buyers the opportunity to buy items outside the website.

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. shairart 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 shairart 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. shairart reserves the right to close any sale of any item if it believes it is not authentic.


CHARGES

The seller understands they are liable for paying any delivery fees related with transporting their property items to the gallery's physical space under the following situations:

The seller also promises that when they use the shairart platform, any of their property items that are sold through the platform give the gallery a 50% commission on the agreed price of the work without transport costs or applicable taxes, which is charged on reception of payment from the buyer. Payment shall be sent to the seller after deducting the gallery's commission.

By registering on the platform, the seller accepts that these fees and commissions are collected. As such, shairart advises sellers to figure in these charges when deciding on a sales price.


Use of the Contents

The seller grants shairart 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 shairart or the contents and materials.


RESOLUTION OF CONFLICTS

It is shairart's policy that the seller has to describe all the goods offered for sale on the website truthfully 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. Shairart'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 list is not misleading, either through the inclusion of false information or the exclusion of information.

Although it acts as a mediator in the transaction, allowing connection between the service users buyers and/or sellers to agree to a deal, shairart 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. If either party breaches the Agreement, the other party shall either be reimbursed or the work shall be returned to them. 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 shairart regarding this item, either expressly or implicitly.


LIMITATION OF LIABILITY

The website and services are "as are" and without any express or implicit guarantee. shairart specifically rejects the guarantees of sale and adequacy for a specific end, guarantees of non-infringement and guarantees arising from negotiation or commercial use.

shairart 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 shair service providers and each of their respective subsidiaries. Shair 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 shairart 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

shairart 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 shair believes that your actions may be damaging to shairart or any of our other users.

The termination or suspension notice shall be sent to the address you provided in the account profile.

The following provisions survive any termination of this Agreement: Resolution of Dispute, Limited Liability, Compensation, launch, representations, guarantees and additional agreements and Miscellaneous.


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 shairart. Notwithstanding the above, a seller cannot offer the following items for sale on the website:

Notwithstanding the above, shairart 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

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:

shairart 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. shairart 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.


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 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 shairart team by the e-mail curatorial@shairart.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 shairart. 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 50% of the agreed price, since the other 50% 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 (shairart), whose platform managers will be in charge with the unfolding of the process. The author’s payments will be carried on within 30 days. 


FEES

The seller understands he/she is liable for paying any delivery fees related with transportation of their property items to the gallery's physical space under the following situations:
- For art exhibitions promoted by shairart.
- For art fairs participation with shairart.


For more information please read Shipping & Insurance.

SELLER AGREEMENT FOR GALLERIES


shairart’s digital platform offers several areas and mechanisms for art galleries to use the platform as an e-commerce tool. Therefore, shairart makes its platform available so that art galleries 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 shairart’s creation purpose. The development of shairart’s work regarding the dissemination and commercialization of artworks from emerging artists, it is not compromised by the addition of other entities. Furthermore, shairart 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. shairart 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.
It is essential to mention that if a gallery wants to commercialize a property item through shairart’s platform, it needs to hold a formal pre approval of the author of that item or in special cases (death, disability, among others) of the legal representative of that author. 


SELLING PROPERTY ITEMS

To guarantee the success and to make profit of the utilization of the e-commerce platform, aiming for the promotion and commercialization of artworks, the signatory gallery of the actual contract, assumes that it will work together with shairart, regarding the dissemination if its presence on the platform.
In case of the realization of a transaction and as soon as the payment is confirmed by the buyer, the gallery must pack the artwork, according to the security guidelines inherent to its transportation, so that the partner transportation company can pick it up. The transportation company and the art gallery will organize between them the pickup conditions (date and time). Later on it will equally be defined with the buyer the delivery conditions of the acquisition at the place that you have indicated. The transportation value of the artworks for the buyer should be supported by the buyer himself, which will be calculated automatically on shairart’s online platform on the moment of the purchase. 


DISSIMINATION MATERIAL

The gallery profile and the property items contained in it must supply the platform user the most detailed information possible. Therefore, the signatory seller agrees to make available descriptions, images and photos every time it is necessary on shairart’s demand. Furthermore the presented information cannot be misleading in any way, regarding the inclusion of fake information or the omission of information.