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User Terms: Encompasses both sellers and buyers terms of service

SELLERS TERMS OF SERVICE - ART UPZ

 

Welcome to Art Upz. We hope that you will have a creative, fun and enjoyable stay here. That´s what Art Upz is all about, creativity.

 

 

  1. DEFINITIONS

 

"Terms of Use" This document

"Art Upz" Art Upz company

"Service" Art Upz website and related services

"Seller" or "you" who has created an account, and markets Products through the Service

"Buyer" Anyone who makes a purchase through the Service

"User" Your registered account under which your business or art gallery is provided

"Product" Works of art and other objects offered for sale through the Service

 

  1. INTRODUCTION

 

This document contains Art Upz Terms of Service. It is in these conditions Art Upz offers you, the Seller, access to the Service. By registering for the Service, you are entering into an agreement with Art Upz and agreeing to be bound by these Terms of Service. Art Upz recommends that you carefully read the Terms of Service before using the Service.

 

Art Upz does not enter into contracts with persons under 18 years of age, unless a guardian's written consent is provided. By agreeing to the Terms of Service, you guarantee that the above requirements are met.

 

These Terms of Service are valid from 2016-01-01. Questions regarding the Terms of Service should be sent to support@artupz.se

 

  1. THE SERVICE

 

The Service is a creative marketplace through which Sellers can market and sell unique works created and vintage items. Everything from photos, paintings, jewelry and sculpture to textiles, furniture and much more are provided by the Seller through the Service.

Only unique works created and vintage items can be sold through the Service. Uploaded Products will appear within 24 hours.

                                                                                                

All sales and marketing goes through the Sellers user account provided by Art Upz. Art Upz does not own any of the Products that market through the Service and does not review all content published. Art Upz is not involved in any transactions between Buyers and Sellers. They do however mediate this contact. Contracts for the purchase is concluded directly between Buyers and Sellers.

 

Art Upz will help provide guidance on pricing, shipping issues, advertising and other issues surrounding the Service. Art Upz may, to the extent possible, help resolve disputes between Buyers and Sellers.

 

 

 

 

 

 

  1. USAGE

 

You may not use the Service in violation to existing legislation. You are agreeing that when using or communicating through the Service you will not publish, transmit or otherwise distribute illegal material or any material that infringes any third party intellectual property rights. You are responsible for all activity under your User account.

 

 

You are agreeing to not:

 

a, publish, upload or otherwise offer Products for sale in the wrong categories,

 

b, defame, abuse, harass, threaten or otherwise violate a third party or Art Upzs rights,

 

c, transfer your User account, share your login information to or otherwise make available

the Service for third parties,

 

d, publish or otherwise distribute the material that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically twisted, indecent or unlawful, or

 

e, in any way contribute to destructive activities such as the spreading of viruses, spam or other activity that could damage Art Upz or other Users in any way.

 

In case you use the Service as a trader, you are agreeing that you are authorized to condition (bind) him or her to the Terms of Service. If Art Upz notice that you violate the Terms of Service, other conditions set by Art Upz or otherwise use the Service in an inappropriate manner, Art Upz reserves the rights to take the necessary measures to limit the damage caused, including, but not limited to, the right to suspend, exclude or terminate User account.

 

  1. IMMATERIAL RIGHTS

 

The Terms of Service involves no transfer of intellectual property rights. Art Upz owns all rights relating to the Service, including, but not limited to, trademark and copyright. You may not copy, modify, reproduce, reprocess, or otherwise make available any rights or content that can be connected to the Art Upz or Service.

 

All intellectual property rights relating to the Products marketed under your User account will belong to you or third parties with your permission, through the Service. Art Upz is entitled to use the rights attached to your Products to provide the Service in accordance with the Terms of Service and otherwise in order to carry out marketing activities. In the event that a third party is the property rights holder, you are responsible to obtain such a right holder's permission to leave this attached right to Art Upz. Such use is limited to the time your User account is registered.

 

You guarantee that none of the material published in your User account infringe any third party rights or violates applicable law. You agree to Art Upz not being liable for damages in the event that your use of the Service results in liability for Art Upz in relation to third parties.

 

 

 

 

 

 

  1. RESPONSIBILITY FOR THE SERVICE FUNCTIONALITY

 

Art Upz strives to maintain good safety and functionality on the Service, and if the Service is affected by errors, interruptions or disruptions Art Upz undertakes to, to the best of their ability, fix such issues. The service can be disrupted by factors beyond Art Upz control and Art Upz thereby leaves no guarantees regarding the Service availability and functionality during such events. Consequently, Art Upz will not in any event be responsible for incidental or consequential damages, including, but not limited to, lost profits, loss of reputation or interruption in business operations.

 

Art Upz does not guarantee the Buyer the opportunity and the right to purchase Products or that a transaction is actually carried out. Art Upz is not responsible for lost orders, shipping damages and similar occurrences. Art Upz does not examine, and does not take any responsibility for the accuracy of the information provided by the Buyer.

 

If Art Upz, notwithstanding the above, would be liable to you or to third parties, the liability is limited to the lesser of i) the price of the product concerned, including the shipping cost or ii) one thousand (1000) Swedish kronor. The Terms of Service shall not limit Art Upz responsibility in the event of intentional or gross negligence.

 

 

  1. INDEMINIFICATION

 

You are agreeing to keep Art Upz non-liable for damages of any casualties, direct and indirect, imposed on Art Upz due to your actions being in violation of the Terms, other use of Art Upz differently than intended, violating any laws or infringement rights of third parties. You are also agreeing to keep Art Upz non-liable for damages against any claims made against Art Upz from third parties that are linked to your use of the Service.

 

 

  1. PROCESSING OF PERSONAL INFORMATION

 

Personal information is information that can be attributed to an individual. By registering a User account, you are agreeing that Art Upz collect and process personal information in the manner described in this section. You also leave your consent to Art Upz in order to allow sales to pass your personal information to potential Buyers.

 

Art Upz is, as long as nothing else is specified, data controllers of your personal information in accordance with the Personal Data Act (1998: 208), and is thus responsible for the processing of the personal information that you provide with Art Upz. Art Upz collect personal information in order to provide and administer the Service in the manner specified in the Terms of Service and to enable the marketing and sale of Products through the Service. This information will particularly be used for the mailing of information regarding the activity under your User account and to potential buyers to contact you. Examples of data collected are name, address and email address.

 

Art Upz takes security around the management of your personal information very seriously but reminds the reader of this document that no transmission or storage of information over the Internet is completely secure. Art Upz undertakes the best efforts to ensure that your personal information is handled in a safe manner but cannot guarantee that this is always the case.

 

You have the right to access the personal information processed by the Art Upz and related to you as an individual and to request the cessation of treatment. When the request for termination of the processing of personal information has been made, you will no longer be given access to the Service. Requests for information on or termination of processing of personal information should be sent to support@artupz.se.

 

 

  1. CONDITIONS OF SALES AND MARKETING

 

When you declare a Product for sale, you agree that:

 

a, you are responsible for the content in your User Account in so that it does not violate the conditions set out in the Terms of Service,

 

b, comply with the payment terms applicable to the Service,

 

c, Only unique works created and vintage items can be sold through the Service, and

 

d, in relation to the Buyer comply with applicable legislation, such as the rules on the right of withdrawal as provided by law (2005: 59) on distance contracts and off premises.

 

Your sales through the Service may involve declaration obligation. It is required that each individual Sellers verify with the appropriate authority whether he or she is covered by such an obligation and comply with the laws and rules applicable.

 

 

  1. TRANSACTION

 

After a transaction, the Product in question will automatically be removed from the Service. At a transaction of a Product under your User account, you will by e-mail be given information on the Product, which the transaction refers to, who made the purchase, and the address to which the Product will be sent. Order information is sent to your specified e-mail address and your User account. You have seven (7) days to confirm an order. Upon confirmation of the order you enter into a binding agreement with the Buyer and you are bound to send the Product to the Buyer's specified address within the time specified for delivery.

 

Art Upz enables a safe and efficient transaction through the payment service Stripe. By using the Service, you are agreeing to use Stripe and the payment solution provided by Stripe. In the order confirmation, the money that is attributable to the current purchase will be transferred to your Stripe account. If order confirmation is late or non-existing, the order will disappear and any compensation will not be obtained consequently.

 

  1. FEES ON TRANSACTIONS

 

The seller will not be charged for the creation of a User account. The Service is offered free of charge to the conclusion that a transaction takes place. When selling, Art Upz charge you a fee amounting to 4,9% of the total value of the transaction. Art Upz will also charge you a fee for the use of the payment service Stripe amounting to 2,9% of the total transaction value increased by two (2) Swedish crowns and eighty (80) cents (2.80 Swedish crowns).  

 

 

 

 

 

  1. SHIPPING TERMS

 

You will deliver the ordered Product to the Buyer within the delivery time specified in the User account. Art Upz has no involvement in the delivery and must be non-liable at the complaint and possible litigation related to the delivery.

 

When sending a Product, you are responsible for packaging. Art Upz has no co-responsibility in packaging freight but recommend that you are careful when packing and comply with the instructions provided by the shipping company in question and the recommendations given below. Packaging that can be used are, for example cardboard boxes, letters or cardboard boxes provided by the freight company where shipping is included in the letter and cardboard box prices. Remember to protect your Product by filling out the outer packaging with cushioning and protective materials such as bubble wrap. The outer packaging must protect against crushing and inner packaging is designed to dampen the shocks. When shipping a Product that is fragile or that have corners or sharp edges this generally requires careful packaging with additional protection.

 

  1. PARTIES LEGAL POSITION

 

The parties are not through the Terms of Service entering into any type of agency relationship, partnership, employment, or similar.

 

  1. INVALIDITY OF THE AGREEMENT

 

If any of the terms of the Terms of Service is fully or partially to be invalid or not be made valid, such term shall be limited, modified or severed as little as possible to ensure its validity, so that the Terms of Service can otherwise remain in full force, effect and feasibility.

 

  1. CHANGES

 

Art Upz reserves the right to at any time change the Terms of Service. Information on the changes will be sent to the email address that you provided at registration of your User account. The change will enter into force 30 (days) after notice of change is sent to you.

 

 

  1. APPLICABLE LAW AND DISPUTES

 

Swedish law shall apply to these Terms of Service. Disputes arising from the Terms of Service or the relationship that otherwise involve the Service shall be settled by the courts within Halmstads District Court and will be the first instance.

 

 

BUYERS´ TERMS OF SERVICE - ART UPZ

 

Welcome to Art Upz! We hope you will have a fun, creative and enjoyable stay here. That´s what Art Upz is all about, creativity. You get the opportunity to buy unique objects, works, products, etc. from all over Europe, exciting!

 

 

1.SUMMARY

 

- By visiting our website, either you are a registered member, make a purchase or just peeking around, you are bound by these conditions.

 

- By placing an order, you ensure that you are 18 years old or have guardian´s permission to purchase.

 

- Contracts for the purchase are made between you and the Seller. Art Upz has no further responsibility.

 

- Art Upz promises to always try to keep the Service functioning but is not responsible for things that cannot be verified.

 

- Art Upz is liable for the processing of the Personal information you provide. It is a responsibility that we at Art Upz take very seriously.

 

- The terms below may change at any time, but if you are a registered member you will receive an email about this.

 

 

  1. DEFINITIONS

 

"Terms of Use" This document

"Art Upz" Art Upz company

"Service" Art Upzs website and related services

"Seller" Anyone who markets products through the Service

"Buyer" Anyone who makes a purchase through the Service

”Member" a user who is registered to the Service

"User" or "you" Member, Buyer or anyone who visits ArtUpz.se

"Product" Works of art and other objects offered for sale through the Service

 

 

  1. INTRODUCTION

 

This document contains Art Upz Terms of Service. It is in these conditions Art Upz offers our users access to the Service. By visiting, logging in, or making a purchase through the Service, you are entering into an agreement with Art Upz and agree to be bound by these Terms of Service. Art Upz recommends that you carefully read the Terms of Service before using the Service.

 

 

Art Upz does not enter into contracts with persons under 18 years of age, unless a guardian's written consent is provided. By agreeing to the Terms of Service, you guarantee that you are 18 years old or have guardian´s consent to be bound by these Terms of Service.

 

 

These Terms of Service are valid from 2016-01-01. Questions regarding the Terms of Service should be sent to support@artupz.se.

 

 

  1. THE SERVICE

 

The Service is a creative marketplace through which Sellers can market and sell unique works created and vintage items. Everything from photos, paintings, jewelry and sculpture to textiles, furniture and much more are provided by the Seller through the Service.

 

All sales and marketing goes through the Seller's own business or art gallery provided through the Service. Art Upz does not own any of the Products that market through the Service and does not review all content published. Art Upz is not involved in any transactions between Buyers and Sellers. Contracts for the purchase is concluded directly between Buyers and Sellers without Art Upz involvement.

 

 

  1. THE SERVICE FUNCTIONALITY

 

Art Upz strives to maintain good safety and functionality on the Service and if the Service is affected by errors, interruptions or disruptions Art Upz undertakes to, to the best of their ability, fix such issues. The service can be disrupted by factors beyond Art Upz control and Art Upz thereby leaves no guarantees regarding the Service availability and functionality. Consequently, Art Upz will not in any event be responsible for incidental or consequential damages related to your use of the Service.

 

 

  1. PERSONAL INFORMATION

 

Personal information is information about you as an individual. By registering an account or make a purchase through the Service, you are agreeing that Art Upz collect and process personal information in the manner described in this section. You also leave your consent to Art Upz in order to allow sales to pass your personal information to the Seller when you buy his or hers works.

 

Art Upz is, as long as nothing else is specified, data controllers of your personal information in accordance with the Personal Data Act (1998: 208), and is thus responsible for the processing of the personal information that you provide with Art Upz. Art Upz collect personal information in order to provide and administer the Service in the manner specified in the Terms of Service and to enable delivery of ordered Products. Personal information will be used for newsletters and for the mailing of information regarding the Service by e-mail but not for the mailing of advertising, spam or similar. Examples of data collected are name, address and email address.

 

Art Upz takes security around the management of your personal information very seriously but reminds the reader of this document that no transmission or storage of information over the Internet is completely secure. Art Upz undertakes the best efforts to ensure that your personal information is handled in a safe manner but cannot guarantee that this is always the case.

 

You have the right to access the personal information processed by the Art Upz and related to you as an individual and to request the cessation of treatment. When the request for termination of the processing of personal information has been made, you will no longer be given access to the Service. Requests for information or cessation of processing of personal information should be sent to support@artupz.se.

 

  1. RESPONSIBILITY

 

All the Products that are marketed and sold through the Service belong to the respective Sellers. Art Upz has therefore no rights related to the product and cannot control their condition or quality. Art Upz is therefore not responsible for the Products contained in the Service.

 

Art Upz does not own any rights relating to the Products marketed through the Service. Art Upz is trying to provide and maintain a safety as high as possible but do not have complete control over and does not guarantee that the Products marketed really exists, is truthful or possess a certain quality. Art Upz does not take responsibility for the Products, which are published through the Service, does not infringe the rights of third parties. Art Upz does not guarantee that the delivery actually takes place and is not responsible for lost orders, shipping damages, and similar.

 

Art Upz does not, by the Terms of Service, limit or alter the rights conferred by consumer laws and regulations, but only informs you hereby that it is the Seller who is responsible for this.

 

The Service may contain links to websites maintained by third parties. These websites and the content that is about to be found on such sites is outside of Art Upz control. Art Upz therefore takes no responsibility for the content or for any damages arising out of the use of the services provided through a third party website.

 

  1. IMMATERIAL RIGHTS

 

The Terms of Service involves no transfer of intellectual property rights. All intellectual property rights relating to the Products marketed through the Service belongs as a starting point to the Seller. You may not copy, modify, use, reproduce or in any other way make available any material provided through the Service unless otherwise provided by mandatory law or agreement with the Seller or other rights holders.

 

Art Upz owns all rights relating to the Service, including, but not limited to, trademark and copyright. You may not copy, modify, reproduce, process, or otherwise make available any content that belongs to Art Upz.

 

 

  1. COOKIES

 

A cookie is a text file that is stored on your computer. This contains information used to provide the best experience possible when using the Service. You can manage cookies in your browser settings. It is possible to refuse the storage of cookies, but in such cases there is a risk that the Service cannot be used to its full extent and that it does not work as intended.

 

  1. USAGE

 

You may not use the Service in violation to existing legislation or these Terms of Service. You are agreeing that when using or communicating through the Service you will not publish, transmit or otherwise distribute illegal material.

 

You agree that when using the Service you will not:

 

a, defame, abuse, harass, threaten or otherwise violate the rights of others, including third parties and Art Upz,

 

b, distribute the material that is inappropriate, defamatory, infringing, obscene, pornographic, racist,

terrorist, politically twisted, indecent or unlawful, or

 

c, contribute to destructive activities such as the spreading of viruses, spam or other activity that could damage Art Upz or other Users in any way.

 

If Art Upz notices that you violate the Terms of Service, other provisions set by Art Upz or otherwise use the Service in an inappropriate manner, Art Upz reserves the right to take the necessary steps to limit the damage caused, including, but not limited to, the right to exclude you from the Service. You are responsible for all activity under your registered member account.

 

  1. PURCHASE

 

When buying a Product through the Service, you are responsible for reading the entire post and the terms and conditions of the purchase before the purchase is carried out. When purchasing through the Service, you enter into a binding purchase agreement with the Seller. Payment is made to the Seller’s Stripe-account.

 

In the order confirmation received by e-mail the contact details exists, such as name and e-mail address of Seller, and information about the Product, which the order relates to. The Seller has seven (7) days to confirm the order. If the confirmation is not made according to the above the order goes back and no money will be drawn from your account.

 

Products are sent from the respective Seller linked to the Service. If you place orders from several different Sellers, you will enter contractual relationships to each one of these. Art Upz does not in any way represent the Seller against you and the Seller is therefore solely responsible for the fulfillment according to your agreement. Any questions and comments regarding the Product, delivery, etc. should be addressed directly to the Seller.

 

  1. STRIPE AS A PAYMENT SOLUTION

 

Art Upz enables a safe and efficient transaction through the payment service Stripe. When you decide to make a purchase through the Service, you agree to use Stripe and the payment solution provided by Stripe. Read more on Stripe payment solution in the Art Upz FAQ ”frequently asked questions” and on www.stripe.com.

 

  1. SEVERABILITY OF THE AGREEMENT

 

If any of the terms of the Terms of Service is fully or partially to be invalid or not be made valid, such term shall be limited, modified or severed as little as possible to ensure its validity, so that the Terms of Service can otherwise remain in full force, effect and feasibility.

 

 

  1. CHANGES

 

Art Upz reserves the right at any time change the Terms of Service. Information on the changes will be sent to Member through the e-mail address provided at registration. The change will enter into force thirty (days) after notice of change is sent to the Member.

 

  1. APPLICABLE LAW AND DISPUTES

 

Swedish law shall apply to these Terms of Service. Disputes arising from the Terms of Service or the relationship that otherwise involve the Service shall be settled by the courts within Halmstads District Court and will be the first instance.