FairArt Terms And Conditions of Use

Last updated: August 24th, 2023

Welcome to FairArt. These terms and conditions of use are effective an agreement between you ('you' or 'your') and FAIRART LIMITED ('FairArt' or 'we' or 'our' or 'us') that governs your access to and use of our website, products, and services. By accessing or using our Services in any way, you agree to these Terms and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Sites or any portion of the Services. Please read the Terms carefully, and feel free to contact us at support@fairart.io if you have any questions.

1. About FairArt

1. FairArt is an online peer-peer marketplace that allows users to offer, sell and buy art-related products on a live marketplace. Sellers' products will be made available for sale on all of our Sites. Buyers and sellers must create an account to purchase or sell items on the FairArt platform by providing an email and creating a password (you must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis). Buyers and sellers can delete their accounts if they so wish (as long as no sale or purchase is incomplete. A sale is considered complete upon the delivery of an item and the releasing of funds to the seller). FairArt does not have possession of anything listed or sold through FairArt.
2. The Service is operated by FAIRART Limited, incorporated and registered in England and Wales under company number 13377505 and with its registered office at 45 Linden Avenue, NW10 5RA ('we', 'our', or 'us').

2. About our live marketplace

Buyer and sellers who have signed up to the platform can interact with product listings on the platform in different ways:

• Offers: A buyer may make and offer on the platform for a specific item. If a buyer uses the FairArt platform to make an offer for a fixed or maximum price for a specific item, the buyer makes a binding offer to conclude a contract for this item at this fixed or maximum price.
• Listings: A seller may place listings on the platform for a specific item. If a seller uses the FairArt platform to place an item for a fixed or minimum price, the seller makes a binding offer to conclude a contract for this item at this fixed or minimum price.
• Buy now: The buyer may also activate the 'buy now' function. If the buyer uses the 'buy now' feature, which will attempt to automatically match a buyer with a seller at the lowest overall Listing price, the contract will be concluded at the moment where the buyer clicks on the 'Buy now' button and the transaction is successfully completed.
• Sell now: If the seller uses the 'sell now' feature, which will attempt to automatically match a seller with a buyer at the highest offer, the contract will be concluded at the moment where the seller clicks on the 'Sell now' button and the transaction is successfully completed.

In these scenarios the contract is concluded between buyer and seller. FairArt is neither the buyer nor the seller of the seller's products. FairArt provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. Although FairArt might provide historical pricing data to the buyer and seller, we do not set prices for the items and FairArt is not an auctioneer. Because individual sellers set prices, they may be higher than the current retail value on other platforms. FairArt does not guarantee that any item will sell.

FairArt reserves the right to investigate complaints and violations of these Terms and Conditions of Use, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending a buyer or seller account. Although the Services are anonymous and we generally do not share your information with other buyers and sellers, we may share your information with law enforcement and professional advisers under an obligation of confidentiality as part of an investigation related to any alleged violation of law or these Terms in accordance with our Privacy Policy, and we may respond to all inquiries initiated by law enforcement or other governmental agencies.

3. Setting up an account (passwords, security)

1. To offer items for sale ('List'), to sell ('Sell Now'), to offer to purchase items ('Offer'), to purchase items ('Buy Now') on our live marketplace service, you must register with us and set up an account with a username and password (your 'Account'). We encourage you to use 'strong' passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must also have a valid credit card or other approved payment method on file with our third-party payment processor.
2. The Site and Services are intended for use only by persons who are at least 16 years of age. By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 16, you have received permission from your parent or guardian before using the Site and Services.
3. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us via email (support@fairart.io) or directly through the chat on the platform.
4. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorised payment method.
5. You agree to notify FairArt as soon as possible upon learning of any unauthorised use of your account or password, or any other unauthorised access or breach of security. However, you may be held liable for losses incurred by FairArt or any other person or entity due to another person using your account or password. You may not use any other user's account or password at any time without the express permission and consent of the holder of that account or password. You may not transfer or assign your account.

​​4. FairArt payments

1. Sale Transactions may only take place via FairArt's third party payment provider - Stripe.
2. Payments and payouts via Stripe: FairArt operates using Stripe, a third-party service provider for payment services. Your use of Stripe for payments and payouts through our Service. Our service is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the 'Stripe Services Agreement') and you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FairArt enabling payment processing services through Stripe, you agree to provide FairArt accurate and complete information about you and your FairArt account. You authorise to FairArt taking off-session payments in the event of a successful offer or a penalty fee (you will be notified by email if any payment is taken).This includes, but is not limited to, amounts owed for FairArt fees, FairArt Guarantee reimbursements and postage labels. By using Stripe, you hereby consent and authorize FairArt and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service.
3. Please note that selling or purchasing an item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service.
4. We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect to the sale or purchase of an Item.
5. Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. We may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices.
6. If payments or amounts owed to FairArt cannot be completed through the payment method on file for any reason, you are still required to pay FairArt for all unpaid amounts and FairArt reserves the right to seek reimbursement through other means plus any additional costs incurred by FairArt in seeking reimbursement. You can change your payment method in 'My Account' at any time.
7. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions.
8. Payout to the seller will be made after a minimum of 5 business days of the item having been received by the buyer.
9. To list an item for sale or to offer to purchase an item, you must create an account and have a valid payment method on file with our third-party payment processor - Stripe. These details are encrypted by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the 'Stripe Services Agreement').
10. Sellers are required to provide payment details during the listing process in order to ensure that items on FairArt are authentic and to protect buyers from fraudulent selling activities - without such policies in place it would not be possible to hold sellers to account. This preventative measure is the standard with online marketplaces, and in place to prevent interference with the free and fair operation of the FairArt marketplace.

5. Authentication

Certain items on the FairArt platform will require sellers to upload additional images as outlined onn this page . If the seller chooses the 'sell now' option, the sale will show as pending until the checking process is complete. FairArt reserves the right to inspect images of the item and/or its provenance to confirm the listing meets the item’s description. FairArt reserves the right to cancel a sale or listing if deemed to not meet the item’s description. Ultimately, FairArt cannot guarantee the authenticity of an item and it is the buyer's responsibility to notify FairArt of any concerns they may have with an item's authenticity (within 3 business days of receiving the item in question). Additionally, FairArt has the right to reject any item for any reason, including but not limited to, authenticity, failure to meet our condition standards, or quality of the images.

Sellers on FairArt must meet certain requirements for Stripe to be able to pay out funds to individuals and companies. These are typically known as Know Your Customer (KYC) requirements. Before any payout can be made Stripe will collect personal information from the seller to verify their identity and insure regulatory compliance. In some cases, Stripe may require additional information to the keyed-in data, including, for example, a scan of a valid government-issued ID, a proof of address document, or both. FairArt cannot payout any funds to sellers until KYC requirements for the seller have been completed successfully by Stripe.

6. Shipping and Handling

FairArt policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, because FairArt does not control third party courier delivery timelines, we cannot guarantee a specific delivery time frame for any item. The buyer is therefore not permitted to cancel the purchase if the item is taking longer than expected. Buyer will be able to track the delivery of their item on the 'buying page' in the 'my account' section. If a buyer does not receive an item, the buyer should report the issue to FairArt immediately. FairArt has the right, in our sole and absolute discretion to refuse to accept returns or other refunds. If a buyer or seller refuses to accept delivery of a package sent to their address on file, FairArt will consider the property abandoned after thirty (30) days and may charge the respective buyer or seller reasonable expenses incurred due to such refusal to accept delivery.

Shipping will be charged per item and no additional taxes, duties or applicable tax will be collected by FairArt upon delivery of your item. Shipping rates are based on the average size and weight of an item. Some items that are larger and/or heavier will incur additional shipping costs. These costs will be included in the price breakdown at the time a buyer makes their purchase.

During the listing process, sellers will be given the option to insure their package for up to €250,000 with AIG at an additional cost. Any insurance above this threshold will require additional steps to be taken, determined on an individual basis and agreed upon by the seller and FairArt. Because FairArt does not control the third party courier delivery process we shall not be liable for any loss or damage to, or late delivery of, your Parcel, and if you ('the seller') decides not to take up the insurance option, it is at your own risk, and you will not be entitled to any compensation for any loss of or damage to your parcel.

Sellers: By listing an item for sale by posting a 'Listing', you are making a binding offer to sell that specific item to a buyer who purchases the item for the Listing price you have specified and to ship the item in accordance with our Shipping page, as updated from time to time. You must ensure that your Parcel has been adequately prepared, addressed, labelled and packaged for safe despatch to protect against the ordinary risks of transport and for safe handling. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. Sellers must ship items within the specified timeframe provided. If the item is not sent within this timeframe, the sale will be cancelled. If the seller sends the item after the shipment expiry date and the sale has been cancelled, FairArt takes no responsibility for returning this item to the seller. If the seller decides to use their own courier, they are wholly responsible for providing the relevant tracking information and its safe delivery. Sellers must ship an item sold on our Sites from the country listed as your address on file.

Buyers: Prices exclude delivery cost which will be added (at the cost shown) to the total amount due as you select an item. You must ensure you have provided the full and accurate information needed for our third party partner to provide the service to you. Items ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the item(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the item(s), including any delivery charges, has been received.

If we, or our Carrier, believes that the sending of your Parcel or its contents amounts to or may amount to a criminal offence we may pass your Parcel and/or its contents to the relevant authorities. We shall inform you if this is the case.

7. Fees, Promotional/Discount Codes and Taxes

1. Fees for the Services, including applicable shipping fees, are described in our Fees section, as updated from time to time. FairArt may sometimes provide a discount / promotional code that can be used for promotions or discounts for purchases on our platforms. These codes may be sent via email to our registered users, presented on our Sites or circulated at events and through other means and, are subject to applicable promotional or discount terms.
2. As a seller you are responsible and agree to collect, pay, report and remit any and all taxes (including VAT and sales tax) that may be due by you with respect to your sales transaction, and as a buyer you agree to pay any and all taxes that may be due by you with respect to your purchase transaction.
3. Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 8(3).
4. In accordance with the Privacy Policy and only to the extent necessary to complete a transaction, you agree to provide FairArt with all relevant tax information which FairArt may provide to any tax authority in connection with payments you receive from us and where applicable further authorise FairArt to release that information to such tax authority or other competent governmental body. Your account may be suspended for failure to provide FairArt with all relevant tax information to support filings to the appropriate tax authority.
5. We may change our fees for buyers or sellers, or introduce new fees from time to time and will notify you before by email or by posting the changes on the FairArt site.
6. You are required to have a valid payment method on file when selling on FairArt. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
7. Seller fees don't purchase exclusive rights to item exposure on FairArt whether on a web page, mobile app, or otherwise.

8. The FairArt Donation

For every transaction that takes place on the platform, FairArt in its sole discretion donates a portion of the sales value back to the artist whose work has just been sold. We are providing creators and artists the opportunity to financially benefit from the resale of their work. FairArt, in its sole discretion, may adapt the donation structure. Sellers and buyers will be able to view the exact amount being paid back to artists during the listing and checkout process. Donations will be paid out to artists on a quarterly basis. If an item sold on FairArt was initially intended as a charity release, then any payments collected will be donated to the charity in question at the artist's discretion. At any time, artists are able to contact FairArt and request an update on payments.

10. Fraud, Fakes and Manipulation

FairArt has a zero tolerance policy when it comes to counterfeiting, fraud and market manipulation. If a seller provides a counterfeit item or attempts to defraud any buyer or FairArt, FairArt reserves the right to do any or all of the following, in its sole discretion:

1. remove any or all of seller's listings from the Services;
2. cancel any or all of seller's orders pending through the Services;
3. withhold any payments due to seller;
4. place limits on seller's buying and selling privileges;
5. ship the item back to the seller at the seller's cost (including any customs and duties amounts incurred);
6. provide the counterfeit items to law enforcement or destroy the counterfeit items,
7. temporarily or permanently suspend seller's account;
8. charge the seller's payment method a minimum of £20 GBP or an amount up to 20% of the transaction amount, in FairArt's sole discretion, as a service fee.

Seller hereby agrees that each of the previously stated penalties are reasonable and justified upon FairArt's discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g. negligent fraud). Seller understands and agrees that if we provide the counterfeit item to law enforcement, the seller's communications and any property claim with respect to that item must be solely with that law enforcement agency and not with FairArt. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. If this occurs in error please contact us and explain why you believe a mistake to have been made. We reserve the right to request additional identification information from you if you engage in certain high-value transactions or have high overall payment volumes run through our Services.

If a buyer receives an item that they believe to be counterfeit, the buyer must notify FairArt in writing within 3 business days of receiving the item, and we will open an investigation into the item. The buyer and seller shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, destroying the item, or delivering the item back to the seller, at our direction. If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on FairARt or elsewhere) that is reasonably believed to be counterfeit.

FairArt may monitor the integrity of the FairArt marketplace and may take steps to protect the marketplace as determined by FairArt in its sole discretion (e.g., if FairArt believes a seller or buyer is engaging in market manipulation through artificially inflating prices or fraud, including creating false or 'dummy' accounts). If FairArt believes that a seller or buyer attempts to interfere with the free and fair operation of the FairArt marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the FairArt marketplace (all of the foregoing in FairArt's sole discretion), then, without limiting any other rights of FairArt, FairArt reserves the right to do any or all of the following, in its sole discretion:

1. remove any or all of the user's listings from the Services;
2. cancel any or all of the user's orders pending through the Services;
3. withhold any payments due to the user;
4. place limits on a user's buying and selling privileges;
5. charge user's credit card for costs, expenses and fees incurred by FairArt as a result of the user's actions;
6. notify law enforcement of the fraudulent activity;
7. temporarily or permanently suspend the user's account;
8. charge the user's credit card an additional service fee to cover FairArt's investigation fees and other related costs and expenses.

11. Seller Responsibilities

We want our Service to be a positive experience for our users and we ask that you honor the commitments you make to another user in the sale or purchase of an item. You are obligated to monitor your inventory and ensure all listings are accurate. Once an Offer and Listing are matched, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including a minimum of £20 GBP or an amount up to 20% of the transaction amount, in FairArt's sole discretion. If a seller fails to deliver items to the buyer in accordance with these Terms, FairArt reserves the right to do any or all of the following, in its sole discretion:

1. charge seller's payment method a minimum of £20 or an amount up to 20% of the transaction amount, in FairArt's sole discretion, as a service fee;
2. remove any or all of seller's listings from the Services;
3. cancel any or all of seller's orders pending through the Services;
4. withhold any payments due to seller;
5. place limits on seller's buying and selling privileges;
6. temporarily or permanently suspend the seller's account.

As a seller, you are required to ensure that the item you are listing exactly matches the image on the New Listing page and meets the applicable Condition Standard. If FairArt or a buyer reasonably determines that your item does not conform to the listing's description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then, in FairArt's sole discretion, we will charge your payment method a minimum of £20 GBP or an amount up to 20% of the transaction amount, as a service fee, plus additional amounts or, as determined in FairArt's discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by FairArt, rerouting charges imposed by carriers, and refunds to the buyer. FairArt has no obligation to request the return of items from a buyer to a seller if the item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, FairArt may turn those items over to the relevant authorities) at your cost. FairArt will pay you within a reasonable amount of time following completion of the sale, which occurs when the buyer receives the item. For faster payouts, ship your items immediately after your Listing is matched by a buyer. To see the fees applicable to sales transactions, please refer to the New Listing window where your Listing price is entered. You will also receive fee information via email notification when a Listing goes live, is updated, or a sale occurs.

FairArt is acting solely as a venue for sellers and buyers to transact. We do not assume any liability regarding the proper performance of the purchase agreement you may conclude with a buyer through the platform, except for FairArt's specific Services described throughout these Terms and Conditions. Professional sellers must comply with all laws and regulations applicable to the sale of their products on FairArt's live marketplace.

12. Buyer Responsibilities

We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in the sale or purchase of an item.

A buyer may make an offer on an item for sale through the Services. When an Offer matches a Listing, the buyer is obligated to pay for that item. When you make an offer, you are committing to purchase the item as soon as your offer matches a seller's Listing price and you acknowledge that payment of the Listing price will automatically be taken from your pre-selected payment method. To be an eligible buyer you must have a billing address and shipping address within one of the countries that FairArt supports, which may be updated from time to time. In general, we charge your payment method immediately upon purchase. We then hold your funds temporarily and only when the transaction is complete, we pay the seller. You will not receive any interest on the purchase amount while the transaction is being fulfilled. You might be required to pay certain fees as described in the Fees section when making your Offer, as updated from time to time. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), FairArt reserves the right to do any or all of the following, in its sole discretion:

1. charge buyer's payment method a minimum of £20 GBP or an amount up to 20% of the transaction amount, in FairArt's sole discretion, as a service fee;
2. remove any or all of buyer's Offers from the Services;
3. cancel any or all of buyer's orders pending through the Services;
4. withhold refunds or payments due to buyer;
5. place limits on buyer's buying and selling privileges;
6. charge buyer's payment method for costs, expenses and fees incurred by FairArt as a result of buyer's action or inaction;
7. temporarily or permanently suspend the buyer's account.

All sales are final once 3 business days have elapsed from the delivery of the item to the buyer's address, and no refund requests will be honoured past this point regardless of the current value of the item. If you experience a problem with your purchase or an item, please contact us. If there is a problem with an item you received, you must contact us in writing within 3 business days after receiving the item with a detailed description of the problem and with any supporting evidence.

If any item you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. If you believe an item was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and reference number. Nothing in this section affects your legal rights.

13. Limitations and Restrictions

FairArt does not provide a guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. FairArt does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays.

Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.You must not and will not do any of the following:

1. use our Services to solicit sales outside of FairArt or to contact any user of the Services;
2. use our Services if you are not able to form legally binding contracts (for example, if you are under 16 years old), or are temporarily or indefinitely suspended from using our Services;
3. Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as Depop may decide in its absolute discretion.
4. engage in abusive treatment of other users of the Services or any FairArt employee;
5. create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any FairArt representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
7. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
8. use any of the Services' communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
9. upload or transmit any unsolicited advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation, commercial or otherwise;
10. violate any applicable local, state, national or international law;
11. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
12. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
13. use FairArt's trademarks without our written permission;
14. except to the extent permitted by applicable law copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of FairArt and the appropriate third party, as applicable;
15. commercialise all or any part of the FairArt's Services;
16. use any modified versions of Services, for any reason whatsoever, without the express written consent of FairArt;
17. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment.
18. use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
19. take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
20. attempt to gain any unauthorised access to the Sites or the Services, including computer systems, software, or networks;
21. probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
22. create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
23. Use the Service if we have suspended or banned you from using it.
24. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than what is available through the Service (Stripe).
25. do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result without limitation, the suspension or termination of your access and/or account. FairArt may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by applicable law, FairArt reserves the right at all times to disclose any information as FairArt deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FairArt's sole discretion. You also agree to reimburse FairArt for any damage, loss, cost or expense FairArt incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

14. Intellectual Property.

The intellectual property rights in all materials and content comprising the Service, includes but is not limited to images uploaded by our users, and written content and designs on each page of the FairArt application and website. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service. You acknowledge and agree that:

1. our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, 'Intellectual Property') are our sole property
2. you are not given the right to use the 'FairArt' name, or any of the “FairArt” logos, domain names and other distinctive brand features
3. nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property.

Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, and computer programs, are the property of FairArt or its licensors or suppliers, and are protected by international intellectual property laws (including copyright and trademark laws). Any unauthorised reproduction, modification, distribution, transmission, display, or performance of the software or the content through our Services is strictly prohibited.

FairArt grants you a personal, non-exclusive, non-transferable, revocable, limited licence to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by FairArt.

15. User Content.

Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in ourPrivacy Policy .

If you provide us with any text, graphics, photos or other materials or content ('User Content'), you grant us a worldwide non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business. We may create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s). As well as through mobile channels, and offline, in print, radio, television or elsewhere, make, have made, sell, offer for sale, import and commercialise User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation.

You agree that FairArt:

1. is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content;
2. is under no obligation to post, display or otherwise use any User Content;
3. has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if FairArt receives compensation therefrom;
4. has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content;
5. has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.

You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.

You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content is:

1. not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn't involve the sale of counterfeit or stolen items;
2. no infringing on any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; yours or you have the necessary licences, rights, consents, and permissions to such information and to grant the rights and licences to FairArt under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms;
3. not in violation of any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and,
4. not containing any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
5. not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of FairArt's marketplace.

You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor's parent or legal guardian.

By submitting ideas, suggestions, documents, and/or proposals ('Contributions') to FairArt, you acknowledge and agree that:

1. your Contributions don't contain confidential or proprietary information;
2. FairArt isn't under any obligation of confidentiality, express or implied, with respect to the Contributions;
3. FairArt shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed without limitation;
4. FairArt may have something similar to the Contributions already under consideration or in development;
5. your Contributions automatically become the property of FairArt without any obligation of FairArt to you;
6. FairArt is free to use any ideas, concepts, or techniques that you send us for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques;
7. you are not entitled to any compensation or reimbursement of any kind from FairArt under any circumstances for any information provided to us.

16. Indemnity

You shall indemnify, defend and hold FairArt and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys' fees) brought by any third party or governmental claim or demand that involves, relates to or concerns:

1. your listing or sale of any counterfeit, stolen, or illegal merchandise or goods;
2. your breach of any provision of the Terms;
3. your improper use of the Services;
4. your violation of any law or the rights of a third party;
5. Any tax obligation or amounts due or owing under any tax regulation, law, order or decree.

We reserve, and you grant to us, the right to assume exclusive defence and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

17. Disputes

a) With FairArt

You and FairArt agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be dealt with by the court of your place of residence. You may also apply for an out-of-court mechanism to solve any lawsuit relating to the Terms with the competent bodies.

If you are a seller and you wish to raise a complaint in connection with these Terms and/or the Services then you can contact Customer Service at support@fairart.io. Your complaint will then be escalated to the relevant FairArt team to consider. We will try our best to provide you with an initial response within 48 hours and, in any event, within a reasonable time frame (taking into account the importance and complexity of the complaint). We will attempt to resolve the complaint within 30 days of receipt.

A seller may request that a complaint is treated and recorded as a regulatory complaint by notifying us in writing of such request (as part of their complaint notice) to Customer Services, provided that the complaint is in relation to the one or more of the following issues:

1. alleged non-compliance by FairArt with any of its obligations laid down in the Platform to Business Regulation;
2. technological issues which relate directly to the provision of the Services;
3. measures taken by, or the behaviour of, FairArt which relate directly to the provision of the Services.

In addition to utilising the complaints procedure described above, if you are a seller, the dispute may be referred by either you or us at any time to the Centre for Effective Dispute Resolution ("CEDR") for mediation. Unless otherwise agreed between you and us within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. You may not refer a dispute to mediation if there has been a previous mediation process on the same subject matter in respect of which a mediator held you did not act in good faith, or where you have made repeated unsuccessful mediation attempts.

Nothing in this section will prevent any sellers or us from commencing or continuing any legal proceedings at any time in relation to any dispute or complaint.

b) FairArt guarantee

To be eligible for the FairArt Guarantee you must complete and pay for your purchase on www.fairart.io using an eligible payment method at checkout.

1. If: a) as a buyer your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorised payment, or a buyer claims they didn't receive their Sale Item when they have, you are covered by the FairArt guarantee. You can report the issue to us within 3 business days of the item being received and we will reply to you with instructions on how to proceed. Please make sure you report the issue in order to guarantee a prompt reply. To open a dispute: Log into the platform and you can either:

   I. Go to Account > Sale/Orders > Select item in question > Make a claim > submit your claim.

   II. Submit a claim directly through Intercom

   III. Or contact support directly: support@fairart.io

   We will then review the claim and return to both parties with our decision.

2. All disputes are handled at our sole discretion. You may request to receive more information regarding the decision process for the case. The decision to disclose the requested information is made at our sole discretion. You agree to comply with the policy and permit us to make a final decision on any case.
3. If we require more information regarding the claim from you, this must be sent promptly within 3 business days, or the claim will be closed against you.
4. Please know that in regards to any kind of buyer or seller protection regarding the delivery of an item, we can only accept the tracking codes provided by our delivery partner or a tracking code that can be verified online as valid proof of delivery. The cost of any returns will fall on the party that is deemed to have lost the claim.

5. All items must be in new condition. This means:

   1. No scuffs
   2. No discoloration
   3. No rips
   4. No grease
   5. No fading
   6. No water damage
   7. No light damage
   8. No soiling or dirt
   9. No buckling or bumps
   10. No missing documents
   11. No unintended creases
   12. No loss of paint
   13. No damage to signature, numbering or any other hand applied element
   14. No cracks
   15. No damage to shape (for example from excessive length of storage in a tube)
   16. No bleeding of colour
6. All items must include any requested documents / materials (Certificate of Authenticity, Proof of Purchase, Original packaging, etc.). If any of these are proven to be missing from the shipment, the funds will be returned to the buyer and the item will be returned to the seller, at the seller's cost.
7. In the event of a successful claim from a buyer, the seller must pay for a return label.
8. Upon receiving the returns label, the buyer has 3 business days to send the shipment back to the seller before the claim is deemed void.
9. The buyer's funds will be released back to them after a minimum of 3 business days of the item having been received by the seller.
10. Buyer's return requests will not be accepted if the item is in the stated condition, includes the correct documents / materials.
11. In the event that the funds held on the seller's behalf are insufficient for refunding the buyer based on a successful FairArt Guarantee claim, the seller is obliged to reimburse us for the amounts owed to the buyer.
12. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the FairArt Guarantee refund or reimbursement.

18. Disclaimer of Warranties; Limitations of Liability.

FairArt is a peer to peer marketplace for consumer goods. You acknowledge that you are buying items from a third party, not FairArt. While we may help to facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold.

If you have a dispute with one or more users, as a buyer or seller, you must deal with the relevant user directly and we shall not be a party to such dispute.

FairArt and/or our third party suppliers or licensors do not represent, warrant or covenant that the system and the services, current, complete, free of technical and typographical errors, secure, reliable, or appropriate for any particular use to which you or any third party may choose to put them, that they are or will be available on an uninterrupted and error-free basis, that defects will be corrected, or that the system and services, are free of viruses or other disabling devices or harmful components. FairArt periodically amends, changes, adds, deletes, updates, or alters the system and the services without notice. Also, FairArt assumes no liability or responsibility for any errors or omissions in the content of the system or the services. FairArt specifically disclaims any duty to update the content, or any other information on the system or the services.

You agree that you are making use of our services, at your own risk, and that the services are being provided on an “as is” and “as available” basis. FairArt (inclusive of any of its service providers and licensors) makes no warranty or guarantees of any kind with respect to our services, any items (including stored items), any user content, or that sellers or buyers will perform as promised. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties implied by a course of performance, course of dealing, or usage of trade.

Nothing in these Terms shall limit or exclude any liability to you:

1. for death or personal injury caused by negligence;
2. for fraudulent misrepresentation;
3. for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; under Part I of the Consumer Protection Act 1987;
4. for any other liability that, by law, may not be limited or excluded.

Subject to this, and, to the extent permitted by applicable law, FairArt (including our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers) are not liable, and you agree not to hold FairArt responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

1. the user content you provide using the services, or content of third parties;
2. your access to, use of, inability to access or use the services, or reliance on the services;
3. pricing, shipping, format, or other guidance provided by FairArt;
4. delays or disruptions in our services;
5. viruses or other malicious software obtained by accessing our services or those of any site, services, or tools linked to our services;
6. glitches, bugs, errors, or inaccuracies of any kind in our services;
7. damage to your hardware device from the use of any service;
8. the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items;
9. a suspension or other action taken with respect to your account;
10. the duration or manner in which items you list appear on the services;
11. your need to modify practices, content or behaviour, or your loss of ability to do business, as a result of changes to these terms or our policies.

Under no circumstances shall FairArt, or its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers, be liable to you or any other third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these terms, the services, or any other cause beyond the control of FairArt, even if FairArt was advised, knew, or should have known of the possibility of such damages or costs.

In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the aggregate liability of FairArt, or its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers, shall be limited in accordance with these terms of use to the fullest extent permitted by law.

Without limiting any of the foregoing, if FairArt, its contractors, suppliers, content providers, or any of the officers, directors, employees, representatives, or agents of any of the foregoing, is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these terms or the services (including in connection with nfts, stored items, or the vault services), FairArt and such parties' cumulative, aggregate, and maximum liability for all such claims and other matters in any calendar year shall not exceed (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) GBP £100.

19. Electronic Communications.

When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

20. Typographical Errors.

The Sites and the Services could include technical inaccuracies or typographical errors. FairArt shall have no liability in connection with any such inaccuracies or errors, nor shall FairArt have any obligation to identify and/or correct any such inaccuracies or errors.

21. Links to Other Websites.

For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of FairArt (the “Linked Websites”). FairArt does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. FairArt disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against FairArt arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Sites and Services do not imply that:

1. FairArt is affiliated or associated with any Linked Website;
2. FairArt is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links;
3. any Linked Site is authorised to use any trademark, trade name, logo, or copyright symbol of FairArt.

22. Information about you and your privacy

Your privacy is important to us and we strive for complete transparency. You should read our Privacy Policy to understand how we collect, use and share information about you. You should also read our Cookie Policy to understand how we use cookies within the Service.

FairArt shares information it has access to with third party service providers in order to provide the Services and improve customer experience. FairArt will also retain such information after a seller deactivates or terminates their account, in accordance with applicable law.

Sellers will have access to certain data through their online profile. This includes, for example, detail on their own sales history, including previous listings and offers. Sellers can request access to data about them after deactivating or terminating their account which FairArt may be able to provide, provided that the data is still available, and it is permitted to do so under applicable law. Sellers will have access to buyers' shipping address and name for shipping purposes. Sellers will also have access to certain data that is publicly made available on the Sites. This includes, for example, listing and offer prices and product descriptions.

23. Third Party Information Disclaimer

You may be able to access third party links/websites/products via the Service. To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), FairArt has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. FairArt does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with the Company.

24. T&Cs general

If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.

These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and FairArt relating to your use of our Services, and supersede all prior understandings and agreements parties.

You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by FairArt shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved.

FairArt may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of FairArt, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. You may not enter into any contract on our behalf or bind us in any way.

These Terms shall be governed by the laws of the country of your residence, without prejudice to any mandatory conflicts of laws provisions. Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence.

By using the FairArt website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside. The parties each hereby disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods.

25. Changes to these Terms of Service

FairArt may in our discretion change these Terms (including the FAQs or any policy) at any time and your continued use of the Service shall constitute acceptance of such revised Terms of Service. You should view these Terms often to stay informed of any changes that may affect you.

Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something specific.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via an email. We will try our utmost to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not be able to give you prior notice.

​​26. Ranking information

Buyers can find, make offers on, and purchase sellers' products on the Sites by entering a specific query in the search box available. The main factor FairArt considers when presenting results on the Sites' main web-pages is popularity (based on views and various other contributing factors), new lowest listings (the products with the most recently listed lowest listing prices) and new highest offers (the products with the most recently listed highest offers).

27. Notice and takedown policy

Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to FAIRART limited, 45 Linden Avenue, London, United Kingdom, NW10 5RA UK or by email to support@fairart.io. Please provide the information described below in the Infringement Notice:

1. your name and contact details;
2. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
3. a link to or such other means of identifying the problematic content.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.