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Terms & Conditions

Last Updated: 09/23/2024
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1. Acceptance of Terms
By accessing or using ArtWink, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using our services.
2. Platform Overview
ArtWink is an online marketplace connecting buyers and sellers of artwork. We provide a platform for artists to showcase and sell their work while ensuring security, transparency, and authenticity.
3. User Accounts
  • Users must create an account to buy or sell artwork on ArtWink.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • You agree to provide accurate and complete information when registering and using ArtWink.
4. Fees and Payments
  • ArtWink offers a transparent fee structure designed to keep costs as low as possible for both buyers and sellers.
  • Sellers agree to pay a small transaction fee upon the sale of any artwork. This fee is clearly outlined at the time of listing.
  • Payments are processed securely through our third-party payment processor, Stripe. By using ArtWink, you agree to be bound by Stripe’s terms and conditions.
5. Listing and Selling Art
  • Sellers are responsible for listing accurate descriptions and images of the artwork they offer for sale.
  • All artwork listed for sale must be original or properly licensed, and sellers must have the legal right to sell the artwork.
  • ArtWink reserves the right to review, authenticate, and approve artwork before it is listed. We may reject listings that do not meet our standards for authenticity or quality.
6. Authentication and Approval
  • Our team verifies and authenticates every piece of artwork before it is listed for sale. However, we do not guarantee the authenticity of artwork sold on ArtWink, and buyers are responsible for conducting their own research if needed.
  • Any attempt to sell counterfeit or fraudulent artwork is strictly prohibited and may result in suspension or termination of the user’s account.
7. Transactions and Shipping
  • ArtWink provides shipping labels, but sellers are responsible for packaging and shipping artwork. Tracking is required for all shipments to ensure secure delivery.
  • Buyers are responsible for verifying the condition of the artwork upon delivery. Any disputes related to damage or misrepresentation must be resolved between the buyer and seller.
  • ArtWink is not liable for any loss, damage, or delays incurred during shipping but will assist in mediating disputes when necessary.
8. Refunds and Returns
  • Refunds and returns are handled directly between buyers and sellers. ArtWink is not responsible for facilitating refunds but encourages clear communication between both parties to resolve issues.
  • Sellers must outline their return and refund policies in their listings. Buyers should review these policies before making a purchase.
9. User Conduct
  • Users are expected to behave respectfully and professionally when using ArtWink. Harassment, abusive language, or any behavior that violates the rights of others will not be tolerated.
  • Users must not engage in any fraudulent activity, including listing counterfeit artwork or providing false information.
10. Intellectual Property
  • All content and materials on ArtWink, including but not limited to text, images, and logos, are the property of ArtWink or its licensors. Users are prohibited from reproducing or distributing content from ArtWink without permission.
  • Sellers retain all rights to their artwork but grant ArtWink a non-exclusive, royalty-free license to display, promote, and market their artwork on the platform.
11. Limitation of Liability
  • ArtWink provides the platform “as-is” and makes no warranties or representations regarding the accuracy, reliability, or completeness of content on the platform.
  • ArtWink is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the platform, including but not limited to lost profits, data loss, or personal injury.
  • In no event shall ArtWink’s total liability exceed the fees paid by you to ArtWink in the six months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless ArtWink and its affiliates from any claims, damages, liabilities, or expenses arising from your use of the platform, your breach of these terms, or your violation of any law or the rights of a third party.
13. Termination
  • ArtWink reserves the right to suspend or terminate your account at any time for violating these Terms and Conditions or engaging in prohibited activities.
  • You may terminate your account at any time by contacting customer support. Upon termination, your right to use the platform will cease, but any outstanding obligations (e.g., pending transactions) must still be fulfilled.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts located in Miami, Florida.
15. Changes to Terms
ArtWink reserves the right to update or modify these Terms and Conditions at any time. Any changes will be posted on this page, and your continued use of the platform signifies your acceptance of the revised terms.
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