TERMS AND CONDITIONS

The following general terms and conditions ("Terms and Conditions") and our Privacy Policy govern your use of the Site. By accessing the site, browsing its sections, sharing its content, using our Services, selling or buying Artworks, you fully accept and agree to be bound by these Terms and Conditions and our Privacy Policy, as they represent a legal agreement between you (the “User”) and Urbaneez® (the “Site”). If you do not agree with these Terms and Conditions and our Privacy Policy, you should not access the Site nor use our Services.

1. DEFINITIONS

Urbaneez®

The name of the platform owned and operated by the company Art Meets You Sàrl (CHE-496.698.372), incorporated in Switzerland and located at Rue Mercerie 3, 1003 Lausanne.

Site

Always refers to the platform accessible at www.urbaneez.art and all additional domain extensions redirecting to the main domain name. Whether it is accessed through mobile or desktop.

Services

The activity of the platform which allows the connection between Sellers and Buyers through an online marketplace specialized in Urban Contemporary Art and which acts as an intermediary to enable the sale and the purchase of Original Artworks online.

Contract of use

The contract which is concluded between you and Urbaneez® when you agree with our Terms and Conditions and our Privacy Policy, and make the use of the Site and the Services.

Sales Contract

The contract which is directly concluded between a Buyer and a Seller when a sale occurs through the Site and the Services, and for each Artwork sold.

Contract Documentation

All documents that govern the use of the Site such as the Terms and Conditions, the Privacy Policy, the Cookie Policy and the Sales Contract concluded between a Buyer and a Seller.

User

Refers to any person who accesses the Site, with or without an account, who has agreed with the Terms and Conditions and who browses its different sections for all kind of purpose.

Buyer

Refers to a User (art Lover) with an account on Urbaneez®, who has made or who is about to make a purchase on the Site to a Seller through an online payment.

Seller

Refers to a User (artist or gallery) with an account on Urbaneez®, who is authorized to list and sell Artworks on the Site. For independent artists, the Original Artworks must have been created by themselves, and for galleries, they must have the right to sell the Original Artworks.

Artwork

An Artwork is defined as a piece of art listed by a Seller on the Site and available for sale. There are 8 different categories showcased on the Site which represent the main mediums used by the artists: paintings, drawings, prints, sculptures, photographs, custom objects, art toys and stickers.

Original

An Artwork is considered to be an Original when it is a one-of-a-kind done by the hands of the artist or a limited edition with a maximum edition size for prints and photographs. This is opposed to copies, reproductions and prints done electronically that are not considered to be Originals. All Artworks provided on the Site are therefore considered to be Originals, signed by the artists or their trusted galleries and always accompanied by a certificate of authenticity.

2. THE SERVICES

Urbaneez® is an online marketplace dedicated to Urban Contemporary Art which allows Sellers to list Artworks for sale and Buyers to purchase these Artworks (the “Services”) through the website www.urbaneez.art (the “Site”). Urbaneez® therefore acts as an intermediary between Sellers (artists or galleries) and Buyers (art lovers) by providing a Site which enables them to connect and a set of Services to sell and buy Artworks online.

As a result, Urbaneez® enables the direct conclusion of a Sales Contract between a Buyer and a Seller, and is not, in any respect, part of the Sales Contract and cannot be considered as a reseller of Artworks listed by Sellers. Each Buyer directly contracts with the Seller when purchasing an Artwork, and Urbaneez® is in charge to provision the Site and the Services. Nevertheless and to bring a valuable support to its partners, Urbaneez® also handles international payments and global shipping on behalf of its Sellers. In addition to this and to help Buyers to find the perfect Artwork from its catalogue, Urbaneez® also offers an art advisory Service, whether it is to provide guidance to Buyers with a selection that matches their expectations or to facilitate the commissioning of a custom Artwork to a specific artist.

3. TERMS AND CONDITIONS OF USE

Eligibility

The Site and Services are only accessible for Users who are 18 years of age or older, whether you are a Buyer or a Seller. Any access from Users under 18 years old is strictly prohibited. By accepting our Terms and Conditions, you warrant that you are at least 18 years of age and that all information you provide to Urbaneez® is accurate, true and up-to-date to reflect the latest reality. The Site and the Services can only be used by those who may lawfully conclude contracts under applicable law.

Account registration

On top of the agreement of our Terms and Conditions, each User will be asked to provide some personal information to create an account and get access to the Services in their entirety (except those using the shopping cart feature to save Artworks without an account). On one hand, a Seller (artist or gallery) will be requested to complete an application form before being authorized to list Artworks for sale on the Site and get a Seller profile. On the other hand, a Buyer (art lover) will have to create a Buyer account to proceed with an order. We will first request a valid e-mail address and a password, but you will then have to complete your profile with a billing and a delivery address to make a purchase. When opening an account or by filling out any registration form that you may find on the Site, you acknowledge and agree that you are solely responsible for the truthfulness and accuracy of your User Information, and you agree to keep it up to date.

Account termination

Urbaneez® has the right to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, without liability to any User. We may also be able to restrict, suspend or terminate your account without notice if we believe that some information provided during the registration process or thereafter are inaccurate or incomplete. In the event we terminate your account for a breach, you will remain liable for any amounts due hereunder. Should you wish to close your account, you will have to send an e-mail to [email protected] with the same e-mail address used to create your account and provide us your first and last name.

Personal data

Personal information are collected and managed by Urbaneez® to provide the Services to our Users. The data we store are strictly limited to the execution of the Services and to improve or customize the User experience. We therefore take all necessary measures to protect the confidentiality of the information provided by the User and keep them in order to comply with any legal obligations and regulations, that may be applicable to Urbaneez®. Each User has the right to access, modify, rectify and delete his personal data processed by sending a request to [email protected] For all information about the collection and the use of your personal information, please read our Privacy Policy: https://urbaneez.art/privacy.

Cookies

A cookie is a small text file stored on your device when you visit a website and which indicates your use of the website. By accepting our Terms and Conditions and browsing Urbaneez®, you agree that cookies will be installed on your browser to improve your navigation, remember your preferences over a limited period of time and personalize your experience further to your needs. You can of course disable cookies on your browser and still be able to use the Site, but it will negatively impact the display of the Site and some features will be completely disabled. For more details regarding the use of your cookies, please read our Cookie Policy which can be found at https://urbaneez.art/cookies.

Prohibited uses

By accepting our Terms and Conditions and using the Site, you agree not to download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from any element of the Site for commercial use and neither exploit any kind of content, software, code, data or materials, unless you have received the express prior written permission from Urbaneez® or the applicable rights holder. You are also not authorized to publish any kind of content (texts, images, graphics, music, videos, etc.) that can infringe a third party's property right; that can violate any applicable law or regulation; that is fraudulent or deceptive; that is defamatory, pornographic or offensive, that promotes discrimination, hatred or racism and that is violent or threatening.

If you make another use of the Site and the Services or do not respect any of the above prohibitions, you may violate our copyright policy and may be subject to liability for such unauthorized use. Urbaneez® will have the right to investigate and prosecute violations to the fullest extent of the law, including the seeking of criminal prosecution and will be able to remove or disable access to any Buyer or Seller, at any time.

4. TERMS AND CONDITIONS OF SALE

Urbaneez® as an agent

Unless otherwise indicated in these Terms and Conditions, Urbaneez® acts as an agent for its Sellers, whether they are independent artists or galleries. By accepting our Terms and Conditions as a Seller, you hereby authorize Urbaneez® to promote your Artworks for sale to potential Buyers, to enable the connection and conclusion of a Sales Contract between you and a Buyer, to accept payments and to handle the shipping and delivery on your behalf through the Site. Each Sales Contract is unique and as a Seller, you are responsible for performing the obligations of this Sales Contract from the time it is formed. Urbaneez® ensure that the Buyer’s obligation to pay is performed through the Site before considering an order. All payment transactions or refunds may only be done through the Site. We handle the shipment and the delivery, whereas the Seller is in charge of packing the Artwork by respecting the recommendations provided by Urbaneez®.

The Sales Contract

For each Artwork sold, a Sales Contract is concluded directly between the Buyer and the Seller, Urbaneez® being in charge of making the Site available and providing the Services which enable them to connect and conclude the contract. Urbaneez® is therefore not part of the Sales Contract and cannot be considered as a reseller of Artworks listed by Sellers. All Artworks are subject to availability which must be confirmed by the Seller and are only available for purchase to Users with an account.

Each Artwork has a dedicated page providing a description and pictures along with the selling price incl. VAT fixed by the Seller. When the Buyer adds an Artwork to the shopping cart by clicking on “Add to Cart” and proceeds with the checkout, the Buyer is invited to agree with the Contract Documentation of Urbaneez® to definitively confirm the order. Once done, the Buyer submits a “Purchase offer” to the Seller for the related Artwork, Urbaneez® acknowledges the offer with a “Pre-order confirmation” and immediately verifies the Artwork availability. The Seller is informed about the offer, has 48 hours to confirm the Artwork availability and then 48 additional hours to prepare the Artwork for shipment as soon as he has confirmed the availability. The Sales Contract between the Buyer and the Seller is deemed concluded when Urbaneez® sends the “Order confirmation” to both parties. However and if for any kind of reason, the Artwork is not available or in the absence of confirmation, the Buyer will be informed by e-mail and the order will not be processed.

Cost of the Services

The access to the Site is free to all Users. Buyers only have to pay for their order when the Artwork is available and Sellers are subjected to a commission on the selling price only when a sale occurs. For all Artworks sold through the Site, Urbaneez® is entitled to charge a 25% commission on the selling price of an Artwork (plus any applicable VAT), therefore Sellers still retain 75% on each sale (excluding shipping costs). If a Buyer benefits from a promotional offer, the commission will be deducted on the discounted price and the split between Urbaneez® and the Seller will be calculated on the reduced amount. These promotions being occasionally used to boost sales with specific marketing campaigns (welcome discount, cart abandonment, seasonal events…).

On top of our Services for our Sellers, we also provide an art advisory Service for our Buyers. On one hand, we provide guidance to Buyers and help them find the perfect Artwork. This Service is completely free of charge and does not require any minimum amount nor deposit. And on the other hand, we facilitate the commissioning of a custom Artwork for some Artists who accept commissions. Urbaneez® will be in charge of managing the project such as the scope, the timeline, the requirements and the budget mentioned by the Buyer on our form. This Service is not free as it requires a deposit from the Buyer before the Artist starts the first work and it will also include a markup of 25% by Urbaneez® which will be added on the final price of the Artwork.

Sell an Artwork

As a Seller on Urbaneez®, you may only submit Original Artworks that you have created (if you are an artist) or that you are authorized to represent and sell the work of your artists (if you are a gallery). You are thus not authorized to submit Artworks that were created by another artist or that you do not have the right to sell if you are a gallery. By submitting or sending a listing of Artworks, you warrant that the Artworks are Originals or with a maximum edition size for prints and photographs, that they do not contravene in any way the laws, regulations and standards in force and that they do not infringe the rights of third parties. In order for a Seller to submit listings for sale, Urbaneez® must receive all the information requested to describe the Artworks and all requirements to identify the Seller. This includes a copy of a government approved ID, tax identification, VAT ID and any additional documentation that proves you are authorized to sell. You also acknowledge that Urbaneez® reserves the right to edit any listings to ensure they comply with our requirements, but also to promote and market your Artworks through promotions with special discounts. The maximum discount of 15% being applied on the selling price. Urbaneez is neither guarantor nor intermediary with respect to the legal obligations of the Seller, particularly the obligations related to the Sales Contracts he concludes, and cannot be held responsible in case the Seller breaches these obligations.

Purchase an Artwork

As a Buyer on Urbaneez®, you may purchase Original Artworks that are listed by Sellers, subject to have an account on Urbaneez® and that Artworks are available. When you purchase an Artwork, a Sales Contract is concluded between you and the Seller when you receive the “Order confirmation” and Urbaneez® is in charge to accept payment on behalf of the Seller and organize the shipping and delivery of the Artwork. However, you won’t be charged for the payment until the “Purchase offer” has been accepted and the availability of the Artwork confirmed by the Seller (within 48 hours). If the Artwork is not available, your order will be cancelled. In order for a Buyer to purchase an Artwork, Urbaneez® must receive all personal information requested to proceed with the sale and particularly the complete delivery address, in an exact and exhaustive manner, to determine the shipping costs. You also acknowledge that the selling price indicated on each Artwork page does not include shipping and delivery costs nor potential taxes which are only mentioned during the final step of our checkout process or when the Artwork reaches its destination country. Urbaneez® is neither guarantor nor intermediary with respect to the legal obligations of the Buyer, particularly the obligations related to the Sales Contracts he concludes, and cannot be held responsible in case the Buyer breaches these obligations.

Right of withdrawal

According to European regulations, each Buyer has a legal right of withdrawal to cancel a Sales Contract without any cost or reason during a period of fourteen (14) days from the day the Artwork has been delivered to the Buyer. During the relevant period and to exercise this right, the Buyer must notify Urbaneez® by sending an e-mail to [email protected], we will then handle the withdrawal request and inform the Seller to organize the return. The Buyer will then get a full refund within 14 days following the reception of the returned Artwork to the Seller and directly done on the same debit or credit card used for the purchase. However, this right of withdrawal cannot apply to custom-made Artworks or other kind of art commissions. Urbaneez® also reserves the right to cancel any order done through the Site if we consider that the Artwork was mispriced, out of stock or simply unavailable and the Buyer will not be charged for the order.

Selling price and payment

The selling price indicated for each Artwork is determined by the Seller, it already includes VAT but does not include shipping costs that can only be determined during the purchasing process nor any possible additional taxes such as custom duties or import taxes. As a Buyer, you therefore acknowledge that in addition to the selling price displayed on the Site and depending on your delivery address, you will be liable to pay for the shipping costs that will be calculated during the checkout process but also fully responsible to pay for all kind of additional taxes that must be payable upon receipt. We strongly recommend you to check with your local authorities before proceeding with the checkout.

Urbaneez® is authorized by the Seller to handle the payment which has to be fully paid through the payment service provider of Urbaneez® and in using a debit or credit card such as American Express, Visa or Mastercard. On one hand, the Buyer is invited to complete the credit or debit card information directly on the Site and this information will then be processed by Urbaneez’s payment service provider. On the other hand, the Seller must have an account with Urbaneez’s payment service provider to be able to receive payments from Buyers. The terms and conditions of the payment service provider (Stripe) are therefore also applicable and must be accepted by Users. The listed Selling Price does not include the costs related to the payment processing, as these can only be calculated from the total Price of the order, they are covered by the Seller and Urbaneez by being equally shared between both parties. Ownership of an Artwork will be transferred to the Buyer as soon as the final price has been paid to Urbaneez® in cleared funds.

Shipping and delivery

An order is fulfilled within seven (7) working days if the Artwork is available and that the full payment has been received. Once the Seller has been notified about the sale and has packed the Artwork, Urbaneez® undertakes to organize the collection of the sold Artwork through its logistics partner (excluding Artworks of small sizes) and to organize the shipping and delivery to the Buyer’s final destination. These shipping costs may vary depending on the size and weight of the Artwork, the packing complexity, the type of delivery and the distance to be covered from the pick-up to the final delivery location. For these reasons, they are instantly calculated through the algorithm of Urbaneez’s logistics partner when the Buyer specifies his delivery address during the checkout process. An ad-valorem insurance is also included and cannot be removed for safety reasons.

The Buyer is liable to pay for the shipping costs applying to each Artwork bought on the Site and the Seller should not include them in the Selling Price as they depend on the delivery address provided by the Buyer. However, the costs to pack and prepare an Artwork for shipment are under the entire responsibility of the Seller who has two (2) days to prepare the Artwork after having been notified by Urbaneez® about the sale. If the Seller fails to prepare the Artwork for shipment during the requested period or hasn’t notified Urbaneez® for an extension, the sale will be cancelled and the Buyer will be refunded with the full amount paid. The delivery is considered as completed when the Artwork is delivered to the address given by the Buyer during the checkout process and that no complaint has been sent to Urbaneez® within 48 hours upon receipt of the order. Risk of loss or damage are transferred from the Seller to the Buyer when the Artwork is delivered and all additional taxes paid.

Return and refund

Each Buyer has a right of withdrawal and can return an Artwork within fourteen (14) days after delivery. All return requests must be sent to [email protected] and Urbaneez® will organize the pick-up and proceed with the refund within fourteen (14) days following the return of the Artwork to the Seller. The refund will include the final price of the Artwork but will exclude the return shipping costs that will be charged to the Buyer. To exercise this right, the Artwork must be in perfect condition and repacked in its original packaging. We won’t consider any Artwork damaged during return if it wasn’t packed under these requirements. If an Artwork is damaged during transportation or does not comply exactly with its description, the Buyer must contact Urbaneez within 48 hours upon receipt of his order, we will have to investigate and propose a reasonable solution. You will then be requested to provide us detailed pictures showing the damage or the non-compliance of the Artwork and attach a copy of the invoice. However, this cancellation right does not apply to custom-made Artworks.

Taxes and custom duties

All selling prices listed on the Site already include VAT applicable from the Seller country but exclude possible additional taxes such as custom duties, import taxes or any other taxes related to the delivery. Each party is therefore responsible for complying with all obligations imposed by their applicable law to respect the collection and payment of taxes. As a Buyer, you acknowledge that taxes such as VAT are already included in the selling price (when applicable) and that you are required to pay them, as the Seller or Urbaneez® may have to collect them. Moreover, the Buyer is solely responsible for paying all import taxes, custom duties or other fees which are applied when the delivery reaches the country of destination.

Urbaneez® will not be liable if you break any applicable law or regulation of your country. Customs policies can vary from a country to another, therefore we strongly recommend you to contact your local customs office for further information before confirming an order. As a Seller, you acknowledge that Urbaneez® must comply with VAT obligations (if applicable) and must accurately verify the status of its Sellers. You will be requested to provide any written documentation or forms required to enable us to comply with these obligations.

Transaction restrictions

The selling price of an Artwork listed by a Seller on the Site must be equal to the price displayed on any other channel where the same Artwork is also listed. Each Seller should respect the rules of conduct defined by Urbaneez® and not sell Artworks to Buyers outside of the Site. Each sale initiated through the platform will have to be completed on the platform, otherwise Urbaneez® reserves the right to suspend or close a Seller/Buyer account, in addition to any other remedies including injunctive or other appropriate relief. Each party is responsible for complying with these restrictions.

Guarantees

All Artworks listed for sale on Urbaneez® are Original Artworks or limited editions with a maximum edition size, they are all signed by the artists themselves and always sold with a certificate of authenticity. For this reason, Sellers must guarantee the authenticity of their Artworks and warrant that they do not violate any law, regulation or affects the rights of third parties. They additionally warrant that they obtained all clearances and are solely responsible for all costs related to third party rights necessary for displaying and selling their Artworks. Urbaneez® being able to remove any Artwork or Seller profile at any time and in its sole discretion.

Ownership

Urbaneez® does not claim ownership of any content (images, photographs, videos, texts, etc.) submitted or made available by its Sellers on their profiles. However, Urbaneez® owns, solely and exclusively a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, reproduce, modify, adapt, publish, translate, distribute or display this content to promote its activity, its brand and its platform, its Artworks and its Sellers (artists and galleries) on the Site but also outside the Site. This may include posts on social networks, marketing and media campaigns, commercial tools, sales promotions and advertising purposes, video production… Therefore, Sellers waive all rights to any claim against Urbaneez® for any alleged infringements or misappropriation of any Intellectual property rights in connection with a legitimate use of this content for its activity and waive all rights they may have to receive any compensation for such use.

However and regarding the work of artists, they retain full copyright on their Original Artworks (including reproduction rights), even when the physical property has been transferred to the Buyer. Galleries don’t hold any right on the Artworks they sell and must be allowed by the Artists to represent their work. Buyers therefore acknowledge that they do not acquire any ownership right by purchasing an Artwork. Upon the sale, the Buyer gets representation rights on the Artwork but the Seller retains a moral right as well as the rights regarding its reproduction.

5. LIMITATION OF LIABILITY

Urbaneez® acts as an intermediary and provides an online marketplace only. You agree that Urbaneez® or any of its subsidiaries, directors, employees, agents, vendors, partners or any other representatives are not liable to you or any other third party for loss or profits or revenue, loss of data or privacy or any indirect, incidental, special, exemplary or consequential damages arising out of or in connection with the Site, the Services and the Contract Documentation. Urbaneez® disclaims all liability for the acts, omissions, and conduct of any Users, partners or providers on the Site and through the Services and is also not responsible for the legality, accuracy, truthfulness, quality, timeliness, completeness or reliability of the content published on the Site and the content of external sites to which some links may redirect. In addition and due to the nature of Internet, Urbaneez® do not warrant that the Site will operate error-free, continuously or without interruption, or that the Site or its servers are free of viruses or other harmful content. You therefore use the Site at your own risk.

The limitations of liability provided in this section apply to all claims, whether based on warranty, contract or any other legal basis, even if Urbaneez® has been advised of the possibility of such damage or loss and even in the event of fault, tort (including negligence) or strict liability. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, therefore the liability of Urbaneez® will be limited to the maximum extent permitted by applicable law.

6. INDEMNIFICATION

When agreeing to access and use our Site and Services, you also agree to indemnify, defend, and hold Urbaneez®, its subsidiaries, directors, employees, agents, vendors, partners or any other representatives harmless from any and all claims, actions, losses, damages, liabilities requested by a third-party and all fees, costs and expenses, including attorneys' fees arising in any way from the use of the Site and the Services. This also apply to each publication or transmission of any message, content, information, software or other materials on the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including intellectual property and ownership rights) or of these Terms and Conditions. Moreover, you also fully understand and agree that Urbaneez® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Urbaneez® defense of such claim. Your indemnification obligation will survive the termination of these Terms and Conditions and your use of the Site and Services.

7. INTELLECTUAL PROPERTY

All the contents on the Site such as texts, graphics, images, photographs, illustrations, music, audios, colors, videos, data, coding, scripts, design, programs and other material are the exclusive property of Urbaneez® (or from third parties who have granted us the corresponding rights of use) and are protected by copyright and intellectual property. In the same way, all trademarks such as logos, service marks and trade names displayed on the Site are registered trademarks of Urbaneez® or its Sellers (artists or galleries) and cannot be used unless authorized by us or the respective owners. Any full or partial use, reproduction, transmission, distribution, representation, transformation, modification or adaptation of our contents or trademarks for any purpose other than private and personal use is strictly prohibited without our prior written consent. We only authorize our Buyers to view and download a single copy of our contents or trademarks for their personal use but not for any public or commercial purpose. And we only authorize our Sellers to display our contents or trademarks only for purposes aiming to facilitating a transaction on the Site.

8. APPLICABLE LAW

These Terms and Conditions and the whole Contract Documentation are governed and construed according to the laws of Switzerland. Any claim or dispute that may occur will be relieved by the exclusive jurisdiction of the courts of Lausanne. Therefore, you consent to the jurisdiction of the courts of Lausanne to settle any dispute arising out of or relating to these Terms and Conditions and the Contract Documentation. Seller are also responsible to comply with all laws applying in the country from which they operate and are responsible to adhere to all applicable tax requirements for sales made through the Site.

9. GENERAL

Our failure to enforce any right or provision of these Terms and Conditions as a result of conditions beyond our control shall not be deemed a breach of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Moreover, these Terms and Conditions do not constitute a partnership, joint venture, contract or relationship of employment between the parties. They contain the full and complete understanding between the parties for long as they use the platform and override all prior arrangements, whether written or oral, pertaining to these Terms and Conditions.

Art Meets You Sàrl
Rue Mercerie 3
1003 Lausanne
Switzerland

Last updated version: June, 30th 2020