YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
PURPOSE AND ENFORCEABILITY: The purpose of the HiArt.AM website is to present Artworks from artists to the users of the site, and to give them the opportunity to discover and buy them online directly from the artists. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship. The sales made through the Site are contracted directly between the Buyer and the Seller. HiArt.AM is not, in any respect, a reseller of the Artworks proposed by the artists through the Site. HiArt is a middleman in the context of the provision of the Site that allows artists and users to connect. As a result, HiArt is not a party to the contract which is concluded only between the artists and the user, who is the only artist of the Artworks and, therefore, the only one bound to obligations arising therefrom.
ACCEPTANCE: The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both parties. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.
ORDER: In order to use our services, you must register by creating an account. When registering you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. By registering artists will be able to upload their artworks to the platform. Once they are on the platform all contact with the art lovers will be through the admin. The Artworks are offered for sale on the artists website, subject to their availability. Each of the Artworks offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. If an art lover tries to purchase an artwork from an artist, the admin will reach out to the artist on their behalf. HiArt also allows for personalized pieces that are made to order. The user must detail size, medium, price range, and style. This request will be sent out to our artists. If an artist agrees to the terms of the order, only then will a message be sent to the user confirming the order. All details regarding pricing and delivery will be communicated through facilitation of the admin.
INTELLECTUAL PROPERTY: The artist guarantees that he/she is the author of the ceded Artwork and that the latter does not violate any laws, regulations and standards in force, or affects the rights of third parties. He/she commits to protect HiArt and the user in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the artist assigns to the user the material substrate of the artwork and its representation rights on the artwork. The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
DATA PROTECTION: HiArt gathers and retains the user and the artist’s personal data to ensure proper execution of these terms. The user has a right of access, modification, correction and deletion of his/her personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address: info@hiart.am. HiArt reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. HiArt is committed to take all necessary measures to best protect the confidentiality of the information provided by the artist and the user.
FORCE MAJEURE: In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, circumstances that are considered to be cases of force majeure or fortuitous events, are those usually acknowledged by the jurisprudence of the courts and tribunals, i.e., an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures The party invoking force majeure must immediately inform the other party, as well as upon its extinction thereof.
TERMINATION HiArt may, in its sole discretion, terminate this agreement, access to the Site or Platform without notice to you. Upon termination, all rights and obligations will be extinguished. CONTACTING HiArt If you have any questions about these Terms, please contact HiArt at info@hiart.am or reach out using the chat feature.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
PURPOSE AND ENFORCEABILITY: The purpose of the HiArt.AM website is to present Artworks from artists to the users of the site, and to give them the opportunity to discover and buy them online directly from the artists. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship. The sales made through the Site are contracted directly between the Buyer and the Seller. HiArt.AM is not, in any respect, a reseller of the Artworks proposed by the artists through the Site. HiArt is a middleman in the context of the provision of the Site that allows artists and users to connect. As a result, HiArt is not a party to the contract which is concluded only between the artists and the user, who is the only artist of the Artworks and therefore the only one bound to obligations arising therefrom.
ACCEPTANCE: The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both parties. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.
ORDER: Art lovers must register to utilize HiArt’s services. When registering you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. The Artworks are offered for sale on the artists website, subject to their availability. Each of the Artworks offered comes with a short explanation sheet containing information about its substrate, its dimensions, its weight and type. To order an Artwork, the user must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs. HiArt also allows for personalized pieces that are made to order. The user must detail size, medium, price range, and style. This request will be sent out to our artists. If an artist agrees to the terms of the order only then will a message be sent to the user confirming the order. All details regarding pricing and delivery will be communicated through facilitation of the admin.
SALES PRICES AND TERMS OF PAYMENT: The Artwork’s sale price is listed on the Site in the amount set in US dollars and includes all taxes, but not delivery or packaging fees, if applicable. The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery. Shipping will be decided at checkout taking all factors into consideration Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on HiArt website.
RIGHT OF WITHDRAWAL: The user has a period of 24 hours from the time of purchase of the Artwork to use his/her right of withdrawal with the Seller, without any costs or reason. The Buyer may use his/her right of withdrawal with HiArt through sending an email to the following address info@hiart.am. HiArt will then be responsible for handling the cancellation from the user and shall process the refund within 14 days following the date on which HiArt was informed about the user exercising his/her right of withdrawal. The refund applies to the price of the artwork paid by the user. The returned artworks that are damaged or dirtied by the user shall not be accepted, nor refunded. HiArt reserves the right to decide at its sole discretion.
FORCE MAJEURE: In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, circumstances are considered to be cases of force majeure or fortuitous events, which are usually acknowledged by the jurisprudence of the courts and tribunals, i.e., an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures The party invoking force majeure must immediately inform the other party, as well as upon its extinction thereof.
INTELLECTUAL PROPERTY: The artist guarantees that he/she is the author of the ceded Artwork and that the latter does not violate any laws, regulations and standards in force, or affects the rights of third parties. He/she commits to protect HiArt and the user in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the artist assigns to the user the material substrate of the artwork and its representation rights on the artwork. The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
DATA PROTECTION: HiArt gathers and retains the user’s and the artist’s personal data to ensure proper execution of these terms. The user has a right of access, modification, correction and deletion of his/her personal data processed via the Site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address: info@hiart.am. HiArt reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. HiArt is committed to take all necessary measures to best protect the confidentiality of the information provided by the artist and the user.
TERMINATION HiArt may, in its sole discretion, terminate this agreement, access to the Site or Platform without notice to you. Upon termination, all rights and obligations will be extinguished. CONTACTING HiArt If you have any questions about these Terms, please contact HiArt at info@hiart.am reach out using the chat feature.
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