Welcome to ZET Art Gallery. The following Terms and Conditions of Use ("Terms") apply to and govern the use of the ZET online platform and all associated services ("Services"). In this regard, the terms "we" or "our" used throughout this document refer to ZET.
By visiting our website or using our services, you automatically accept the practices described in these terms and in our Privacy Policy. If you do not agree to these Terms and the Privacy Policy, please do not use the website or register on the platform.
In the event of a dispute, Portuguese law will apply.
The ZET brand belongs to ZET Galeria de Arte, located at Rua do Raio, 175, 4710-923 Braga, Portugal, with taxpayer number: 513039775.
USE OF THE WEBSITE AND SERVICES
ZET grants you a non-transferable, non-exclusive, and limited right to access the website, its services, and the materials contained therein solely for personal informational use, provided you fully comply with these conditions:
You may not modify, create derivative works from, participate in the transfer or sale outside the web, or in any way exploit the website or services or any part thereof for any public or commercial use without ZET's express written permission. You may download one (1) copy of the content from the website and services for personal informational use only, provided you retain all copyright, attribution, and other notices contained in the content, including trademarks and service marks of ZET and its affiliates or any copyright holder identified in the copyright notice of the individual content. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this website or in the Services without the prior express consent of the copyright holder. No material contained on the website or services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including (without limitation), electronic, mechanical, photo reproduction, or otherwise, without the prior written consent of ZET. Any images of artworks included on the website or services are provided for use only within the context of the website or services and subject to all limitations set forth herein. All rights not expressly granted are reserved to ZET.
You shall not interfere or attempt to interfere with the operation of the website or services in any way by any means – software, device, including, but not limited to: spam, hackers, viruses, or time bombs – or any other means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, or other automatic device or manual process to monitor or copy our website or services, any content thereof, or for any other purpose without our prior express written authorization. You may not take any action that imposes an unreasonable or disproportionately large load on ZET's infrastructure.
Any account registered from an email address detected as temporary will be removed, as will the inherent information. In extreme cases, users who have benefited from the improper use of accounts registered with temporary emails will be suspended from the platform for an indefinite period.
OWNERSHIP
ZET owns, controls, holds licenses for, or has the right to use and provide the website and services and all material on the website and services, including, without limitation, text clips, images, articles, photographs, illustrations, audio, and video (collectively, the "Content"). The website and services are also protected by copyright, in accordance with national copyright laws, international conventions, and other applicable copyright laws. ZET is the copyright owner of the entire website and associated services. ZET owns the copyright in the selection, coordination, organization, and enhancement of the website and services. As a user, you agree to comply with any and all notices and rules regarding copyright, information, or restrictions displayed on the website and services. You also acknowledge that you do not acquire any ownership rights through the permitted use of the website, its content, or any Services. You are also responsible for complying with all laws, rules, and regulations regarding the use of any content. In the event of any type of copying, redistribution, or publication of material from the website and services, no changes or deletions regarding the artwork data (author, category, caption, or copyright notice) shall be made.
CHANGES TO THE WEBSITE OR SERVICES, TERMINATION
ZET reserves the right, for any reason, at its sole discretion, to cancel, change, suspend, or discontinue, temporarily or permanently, any aspect relating to the website or services, including, but not limited to, content, features, or hours of availability, without prior notice. ZET may also impose limits on certain features and services or restrict your access to parts or all of the website or services, with or without notice or liability. As a user, you agree that ZET may terminate your use of the website and services, cancel your user registration, remove your communications and contributions (as defined below), and/or exercise any other remedy available to it, if it reasonably believes that you have violated or acted inconsistently with these terms, violated the rights of ZET or third parties, or for any other reason, with or without prior notice. As a user, you agree that ZET shall not be liable to you or any third party as a result.
LINKS TO OTHER WEBSITES
The website and some services may contain links to third-party sites, resources, and sponsors. ZET cannot, however, guarantee that the content contained in these locations is true, accurate, legal, and/or harmless. ZET has no control over such websites or their content. ZET cannot guarantee that any third-party website will be free of viruses or any other system that negatively affects your device. As a user, you should direct your questions regarding any external link to the administrator or webmaster of the site in question.
ZET'S RIGHTS OVER MATERIALS PROVIDED BY USERS
ZET welcomes your comments on our products and services, including the website. By posting messages, uploading files, entering data, providing information, content, or materials, or otherwise communicating with ZET, you grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such communications and any original ideas or materials contained in those communications in all media currently known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such communications, including, without limitation, any and all copyrights, trademarks, patents, or other laws under any relevant jurisdiction.
By using the platform, you waive all rights you may have to inspect and/or approve any use by ZET regarding any material or idea submitted by you in any communication or to receive any compensation for such use. There is an exception to what has been mentioned here regarding the sale of artworks, where the seller (artist) himself establishes a base price and receives, once payment is confirmed by the buyer (collector), compensation that corresponds to part of the total sale price, from which ZET's commission of up to 50% of the same amount is subtracted, among other expenses that may be your responsibility related to the services necessary to carry out the transaction (as defined below in the SELLER AGREEMENT).
You further waive all rights to any claim against ZET for any infringements of any proprietary rights, privacy and publicity rights, moral rights, and attribution rights in relation to such alleged or actual communications. You also agree and understand that ZET has the right to use any material or idea submitted by you in your communications or otherwise. Any or all communications provided by you to the website or services may be included in a database owned by ZET and its affiliates, and thereafter, these communications and information and data contained therein may be collected. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the website or Services to the full extent permitted by law.
DISCLAIMER REGARDING ANY MATERIAL TRANSMITTED BY THE USER
As a user, you acknowledge that transmissions to and from this website and any services are not confidential and your communications may be read or intercepted by third parties. You further acknowledge that by sending communications to ZET (website or services), no confidential, fiduciary, contractually implied, or other relationship inconsistent with these terms is created between you and ZET or any of its affiliates. ZET shall not be responsible for the payment of any amounts for any event in connection with the use of the platform disclosed by you in your communications.
MONITORING, EDITING, AND DISCLOSURE OF USER MATERIAL
All messages, files, data, information, content, materials, or other third-party contributions ("contributions") to the website or services do not necessarily represent the views or opinions of ZET. We assume no responsibility for the consequences of contributions on or any communications or results arising from the use of the website or Services. We do not represent or guarantee the veracity, accuracy, or reliability of any contributions submitted by users or endorse any opinions expressed by such users. Any reliance placed on eventual contributions posted on the website or services is at your own risk as a user.
By using the platform, you agree that ZET has the right, but not the obligation, to monitor your communications and all contributions on the website or services at any time, for any reason, at its sole discretion, to determine compliance with these terms and any other rules, policies, or guidelines that we may establish over time. Notwithstanding this right of ZET, we cannot review all materials posted on the website or services by users, and we are not responsible for any communications or contributions posted by users. ZET reserves the right at all times to edit, disclose, refuse to post, remove requests, or remove any communication or contribution, in whole or in part, at its sole discretion (including, without limitation, to comply with any law, regulation, or at the sole discretion of zet gallery) if such materials are questionable or violate any of the terms described herein.
ZET assumes no obligation or liability to users (or any other person or entity) regarding the performance or non-performance of the aforementioned monitoring activities. Furthermore, ZET reserves the right to remove any content posted on the platform that is deemed by the "content quality assessment managers" not to meet the minimum required aesthetic quality. By using the platform, you agree to submit your works for an assessment conducted by the "content quality assessment managers."
USER CONDUCT
Any of the following conditions constitutes a breach of these terms and may result in the cancellation of your right to use the website or services without prior notice:
1. Disregarding the privacy or opinions of other users;
2. Using the website or services for illegal purposes or to promote any illegal activity;
3. Impersonating another person, allowing them to use your identification to solicit passwords or personally identifiable information from other users;
4. Transmitting "junk mail," "chain letters," or unsolicited mass mailings or "spam";
5. Submitting a communication or contribution that infringes or contributes to the infringement of copyrights, both related to the zet gallery website and services and related to the artworks placed by users, intellectual property rights, or privacy rights of third parties or that is obscene, defamatory, harmful, abusive, threatening, or false;
6. Disclosing personal contact details in any of the publicly accessible areas of the platform.
INDEMNIFICATION
As a user, you agree to indemnify ZET and all its employees, directors, owners, agents, content providers, affiliates, licensors, and licensees, holding them harmless from any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any nature whatsoever, in connection therewith (including, without limitation, attorneys' fees and settlement amounts), in any damage incurred or suffered by the Indemnified Parties in connection with any claim arising out of or based on: (i) your use or inability to use the site or services, (ii) any negligence, willful misconduct, or any breach of this Agreement, including, without limitation, your breach of any warranty, covenant, or obligation contained herein.
ZET reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. As a user, you shall in no case consent to the entry of any proceeding or settle any claim, action, or other matter without the prior written consent of ZET.
DISCLAIMER OF WARRANTIES
ZET does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the website or the Services. As a user, you acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the website or the services.
The website and services, including all content, software, functions, materials, and information made available or accessed through the website, are provided without representation or warranty of any kind, either express or implied, including, without limitation: non-infringement, merchantability, or fitness for a particular purpose.
Certain content may be considered objectionable by individual users who should, in this regard, exercise their discretion, via the email info@zetgaleria.com.
Neither ZET nor its content providers warrant that the functions, features, or content contained in the website or services will be uninterrupted or error-free, that defects will be corrected, or that any other website or available server will be free of viruses or other harmful components. If your use of this website or the associated services results in the need for servicing or replacing property, material, equipment, or data, ZET is not responsible for those costs.
Neither ZET nor its content providers can make any warranty as to the accuracy or reliability of the website or services, their content, the materials, information, and functions made available by the software used or accessed through the website, services, or hypertext links. We are not responsible for any security breach associated with the transmission of sensitive information through the website or services or through any site linked to us.
Neither ZET nor its content providers can guarantee that the website or services will meet your needs.
If you are dissatisfied with the website or any service available on it, your sole and exclusive right will be to stop using the website and the associated Services.
LIMITATION OF LIABILITY: Exclusion of Damages
ZET is not responsible for any data loss resulting from the operation of our website, the provision of services, and/or the execution of the terms. We ask all users to keep records of any communications or contributions they provide for submission on the website or services. We disclaim all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors of the website or services or otherwise related to their use of the website and/or associated services.
CHANGES TO THE TERMS AND CONDITIONS
ZET reserves the right, at its sole discretion, to change, modify, add, or remove any part of these terms and conditions of use, in whole or in part, at any time. Changes to these terms and conditions of use will become effective when published on the platform. As a user, you agree to review the terms and conditions of use periodically to be aware of any changes. Your use of the website after any changes to these terms and conditions of use have been published constitutes automatic acceptance of those changes.
ADDITIONAL COMPENSATION
As a user, you agree that monetary compensation may not provide sufficient compensation to ZET if you have incurred any breach of these terms, and consequently, you acknowledge and agree that Zet Gallery is entitled to immediate injunctive relief arising from any breach, without the need to post a bond, or any other remedy available to ZET under this agreement, of a right or principles of equity.
ZET may provide third parties with information about you, if required by law or judicial subpoena, or if the information is necessary or appropriate to resolve illegal or harmful activity. ZET is not obliged to provide you with any refund if you are or have been a user of the platform after breaching these terms.
BUYER AGREEMENT
This Agreement sets forth the terms and conditions governing the relationship between you, the buyer, and ZET regarding the process, terms, and conditions that guide your activity as a potential buyer on ZET. If you wish to access or use the website to purchase any property item through the website or associated services, you must accept the terms and conditions of this Agreement, without alterations. Please read the following terms before using the website and its services. By registering and using the services as a buyer, you automatically agree to comply with all the terms and conditions of this agreement and all policies and guidelines incorporated herein by reference.
ZET's digital platform offers areas and mechanisms for sellers, where sales of property items submitted to the website by the latter are conducted. As a mere intermediary of the transactions, ZET undertakes to enable the connection and communication between the users of the service, buyer(s) and/or seller(s), with a view to concluding the transactions; once a transaction is agreed upon between service users, ZET undertakes to mediate the delivery to the buyer of the acquired item upon confirmation of due payment and, likewise, to deliver to the seller the price received, deducting all amounts payable to ZET for the provision of the service. In this sense, both the property item and the amount paid for it must be sent to the mediating entity (ZET), and it is up to the platform managers to ensure they reach their destination as quickly as possible.
If, after a purchase through the website from a direct sale, the seller does not send the artwork to the gallery: the buyer will be reimbursed the amount paid. However, despite striving to ensure that neither party involved in the transaction is harmed, ZET has no control over sellers and/or buyers and cannot guarantee that any transaction will be completed. Furthermore, ZET has no control over the availability of items not in its possession, so for every purchase through the website from a direct sale, ZET needs to contact the seller to verify if the item desired by the buyer is available. Expenses related to choosing any payment method available on ZET are the responsibility of the buyer and are calculated and consulted on the website before the confirmation of the purchase conditions and shipping of the order.
The possibility of using purchase services is limited to buyers who can legally participate in contracts established under applicable law. Without limiting the generality of the foregoing, minors may not purchase property items through the website. Each buyer using the services declares and warrants to ZET that they are not underage and can enter into and form binding contracts under applicable law. To register as a potential buyer, you must provide your true name, address, phone number, email address, along with other information that may be necessary over time. Providing inaccurate registration information constitutes a breach of this Agreement.
WEBSITE USE
As a buyer, you may purchase property items available for sale on the website during the term of this Agreement, subject, however, to the following terms and conditions:
It is your sole responsibility to read and understand these terms, and you will be bound by all described conditions of sale including, but not limited to, fees, payment methods established for national or international sales, shipping, and handling.
The website and its services may only be used for lawful purposes and in a lawful manner. As a user, you agree to comply with all laws, statutes, and regulations regarding the use of the website and its services, including with respect to the purchase of items.
You may not allow other people or entities to purchase property items through the website using your user registration. Unauthorized use of passwords or user accounts is also expressly prohibited. You agree, in this regard, not to share your account information with third parties. ZET will not be responsible for any activity resulting from compromised account information.
You will not interfere with the operation of the website through any device, software, virus, or other means, including, without limitation, time bombs, etc.
You acknowledge and agree that you have read our Terms of Use and Privacy Policy which is incorporated by reference and therefore forms an integral part of this Agreement. Our Terms of Use and/or Privacy Policy may be changed in the future without prior notice. As a user, you should check our Terms of Use and Privacy Policy frequently to stay informed of any changes. Except as authorized in this article, you agree not to use any information accessible from the website about other users. You agree not to use such information for solicitation, advertising, unsolicited email or spam, harassment, invasion of privacy, conduct that is objectionable in any way, or otherwise inconsistent with our Terms of Use and/or Privacy Policy.
You will immediately notify ZET if you suspect that your information or data has been compromised.
It is your responsibility to pay all sales and applicable taxes for any purchase transactions made by you through the website. ZET is not obligated to determine the use of sales or taxes to be applied and is not responsible for collecting, allocating, paying, or reporting any sales or using taxes arising from any sales transaction.
The buyer agrees not to use brand names and/or misleading or inappropriate nicknames in their "username".
ZET has the right, but not the obligation, to monitor any activity and content associated with the website. It may also, but is not obliged to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation, our Privacy Policy and Terms of Use) or complaints and take such action as it deems appropriate. Such actions may include, but are not limited to, issuing warnings, suspending or terminating functions, denying access, and/or removing all materials on the website. All such measures (and others not explicitly stated here) may be carried out by ZET without liability to the user or any other person or entity. ZET reserves the right, at its sole discretion, to remove or edit any content that violates these provisions or is objectionable. In addition, ZET may, at its sole discretion, remove any property item it deems to have entered in violation of this Agreement or any of its policies and guidelines (including, without limitation, our Privacy Policy and Terms of Use). In the event of removal or cancellation, ZET will have no liability to the buyer, any seller, or any other person or entity regarding the offer of such item.
FEES
The buyer is responsible for paying any fees or shipping costs related to the shipping and receiving process of the artwork they purchased.
USE OF CONTENT
As a buyer, you grant ZET and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, and perpetual license to publish, reproduce, or use all materials, texts, information, images, photographs, or other content, including prices, of any item purchased by you from the website for all purposes, in any medium. You agree that the buyer will not seek and will not expect any compensation for ZET's use of such content and materials.
REFUNDS
The buyer has 14 days from receiving an artwork to initiate a refund process. Once the returned artwork is received, we will send an email acknowledging receipt. We will also notify you as soon as the return process begins. Shipping costs associated with the return will not be refunded. For more information, please consult our Exchanges and Returns tab.
GIFT RETURNS
If you received an artwork as a gift, you can exchange it for credit to be used on this website. The amount will be deducted from your next purchase. Please note that you may have to pay any difference in value, additional shipping costs, fees, or import taxes. To initiate a return process, please send us an email to info@zetgaleria.com.
ARTWORK IN POOR CONDITION
If an artwork arrived in poor condition, please contact us within 14 days of receipt. Please photograph the outer packaging, including details of the damage and the damage to the artwork itself, and send us the photos to info@zetgaleria.com, as well as your name and address. We will then initiate the return process.
DISPUTE RESOLUTION
It is ZET's policy that the Seller/Artist (hereinafter referred to as “Seller”) must describe all goods offered for sale on the website truthfully and accurately. This information must cover text descriptions, images, and quality photographs of each property item, including, without limitation, its physical condition (also known as a condition report), age, provenance, and any other relevant data. ZET's policy requires the seller to photograph any damage to the property and clearly display it on the website. Furthermore, it also requires that the information presented in a seller's listing not be misleading, either through the inclusion of false information or the omission of information, particularly regarding the availability of the items offered.
Despite acting as a transaction mediator, ZET has no control over and does not guarantee the quality, safety, or legality of items offered for sale through the website, the truthfulness or accuracy of listings, the availability of items offered, the ability of sellers to sell items, the ability of buyers to pay for items, or whether a buyer or seller will actually complete a transaction. No statement by the seller regarding any condition, type, value, or quality of a lot should be interpreted as a guarantee, representation, or assumption of ZET's liability for that item, express or implied.
In case of dispute or complaint, the National Consumer Conflict Information and Arbitration Centre (CNIACC - Rua D. Afonso Henriques, 1, 4700-030 Braga) will monitor the conflict through information, mediation, and arbitration.
LIMITATION OF LIABILITY
The website and services are provided without any express or implied warranty. ZET specifically disclaims warranties of merchantability and fitness for a particular purpose, non-infringement warranties, and warranties arising from dealing or commercial use.
ZET will not be liable for any damages of any kind including, without limitation, indirect, special, punitive, and consequential damages (including, without limitation, lost profits), arising out of or in connection with this agreement, the website, the services, the inability to use the website or services, or those resulting from any goods or services sold, purchased or obtained, or messages received or transactions entered into through the website or services, whether such damages arise from contract theory, tort (including negligence), strict liability, or otherwise. Please note that this disclaimer of warranties and limitation of liability applies to ZET's service providers and each of their respective affiliates. ZET does not warrant or represent in any way that the website or services will operate error-free or that the website or services will be uninterrupted.
INDEMNIFICATION
As a user, you agree to indemnify and hold harmless ZET and its controllers, affiliates, employees, directors, agents, etc. from and against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, attorney's fees) arising out of or in connection with your use of this website and its services, including, without limitation: (A) Any claim relating to any property item bid on or purchased by you on the website, (B) your breach of this agreement (including, without limitation, your failure to comply with any guidelines and/or policies incorporated by reference); (C) your breach of any applicable law, codes, or regulations, and/or (D) your infringement of any third-party rights, including, but not limited to, copyright infringement, infringement of any proprietary rights, and invasion of any right of privacy.
REPRESENTATIONS; WARRANTIES AND ADDITIONAL AGREEMENTS
As a user, you represent and warrant that you have full power and authority to enter into this Agreement and grant ZET the rights set forth herein.
You also agree to comply with the website's policies and guidelines, which may change over time (including, without limitation, our Privacy Policy and Terms of Use).
TERMINATION OF CONTRACT
ZET reserves the right, at its sole discretion, to terminate this Agreement or suspend the use of the website and/or Services to any buyer, at any time and for any reason, without prior notice or explanation. The foregoing will occur in case of breach of this Agreement or the documents it includes by reference, or if ZET believes that your actions may be harmful to ZET or any of our users.
Notification of termination or suspension will be sent to the address you provided in the account settings.
The following sections survive, however, any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnification; Release; Representations, Warranties and Additional Agreements and Miscellaneous.
SELLER/ARTIST AGREEMENT
This Agreement sets out the terms and conditions governing the relationship between you, the seller, and ZET, regarding the terms and conditions that guide your activity as a potential seller on the platform. If you wish to access or use the website to sell any item of property, through it or associated Services, you must accept the terms and conditions of this Agreement, without alteration.
Please read the following terms before using the website and its services. By registering, using the website's services as a seller (artist account), you automatically agree to comply with all the terms and conditions of this Agreement and all policies and guidelines specified herein.
Although ZET makes its best efforts to ensure that none of the parties involved in the transaction are harmed, ZET has no control over sellers and/or buyers and cannot guarantee that any transaction will be completed.
The possibility of using purchase/sale services is limited to sellers who can legally participate in contracts established under applicable law. Without limiting the generality of the foregoing, minors may not sell property items through the website. Each seller who uses the Services declares and warrants to ZET that they are not a minor and can enter into and form binding contracts under applicable law. To register as a potential seller (artist account), you must provide your true name, address, telephone number, email address, along with other information that may be required over time. Providing inaccurate registration information constitutes a breach of this Agreement.
USE OF THE WEBSITE
As a seller (artist account), you may list property for sale on the website for the duration of this Agreement, subject to the following terms and conditions:
You will describe all property offered by you truthfully and accurately. This includes text descriptions, images, and photos of each property item, including, without limitation, its physical condition (also known as a condition report), age, and any other relevant data. Furthermore, the information presented cannot be misleading in any way, whether by including false information or by omitting information.
The website and its services can only be used for legal purposes and in a legal manner. You agree to comply with all laws, statutes, and regulations regarding the use of the website and its services. All information you post on the website will comply with all applicable laws, statutes, and regulations. It is your responsibility to determine whether the offer or sale of property may violate applicable laws, statutes, or regulations.
By posting property for sale on the website, you are responsible for setting the price of the property item. VAT and other fees will be added to this price.
By submitting any item for direct sale to ZET, you undertake to guarantee online exclusivity for the sale of the item to Zet Gallery, and you are responsible for checking and updating, on a quarterly basis, the listing of the items offered.
You will adhere to the general property policy and listing guidelines, as well as other policies and guidelines applicable to the website, which may be amended by us from time to time, at our discretion.
You will respect ZET's return policy which states that, in cases where ZET considers that the artwork is not in accordance with the description provided when the product was published on the website, or that it is somehow damaged (including, but not limited to, any damage suffered during transport), the transaction will not be carried out and the property item will be returned to the seller. The return policy may be amended from time to time, at our discretion.
As described in this Agreement, you agree, as a seller, to honor the transaction contract. You will not fail to deliver an item for which payment has been accepted, significantly misrepresent an item, or refuse to accept payment for an item at the end of a successful sale. You acknowledge, therefore, that by not complying with these obligations, your action or omission may be legally actionable.
It is expressly forbidden, as a seller, to offer buyers the opportunity to purchase property items outside the website, in cases where the intention of the transaction was initiated through the website.
You will not allow other people or entities to post items on the website through your user registration. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share your account information with others. ZET will not be responsible for any activity resulting from compromised account information.
You will not interfere with the operation of the website through any device, software, virus, or other means, including, without limitation, sniping, time bombs, etc.
You acknowledge and agree that you have read our Terms of Use and Privacy Policy (incorporated by reference and thus forming part of this Agreement). We may change our Terms of Use and/or Privacy Policy in the future, without prior notice, and in this regard, you should check our Terms of Use and Privacy Policy frequently, in order to be informed of any changes. Except as authorized herein, you agree not to use any information about third parties accessible through the website. You agree not to use such information for purposes of solicitation, advertising, unsolicited email or spam, harassment, invasion of privacy, conduct in any way objectionable or otherwise inconsistent with our Terms of Use and/or Privacy Policy.
You will immediately notify ZET if you suspect that your information or listing data has been compromised.
AUTHENTICITY GUARANTEE
As a seller, you guarantee the authenticity of all property items offered by you for purchase on the website in accordance with the Property Policy and Listing Guidelines. ZET reserves the right to terminate any sale of any item that it believes, in its sole discretion, not to be authentic.
USE OF CONTENT
As a seller/artist, you grant ZET and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free and perpetual license to publish, reproduce or use all materials, texts, information, images, photographs or other content, including prices, of any item posted by you for sale on the website for all purposes, in any medium. You agree that, as a seller/artist, you do not expect to obtain any compensation for ZET's use of such content and materials.
DISPUTE RESOLUTION
ZET's policy requires the seller/artist to photograph all eventual damages to the property and clearly present them on the website. Furthermore, it requires that the information presented in a seller's listing is not misleading, either by including false information or by omitting information.
ZET has no control over the quality, safety or legality of items offered for sale through the website, the truthfulness or accuracy of listings, namely regarding the availability of items offered, the ability of sellers to sell items, the ability of buyers to pay for items, or whether a buyer or seller will actually complete a transaction. In the event of default by one of the parties, the other will be reimbursed for the amount paid for the artwork, or the artwork will be returned to them, as the case may be.
LIMITATION OF LIABILITY
The website and services come with no express or implied warranty. ZET specifically disclaims warranties of merchantability and fitness for a particular purpose, warranties of non-infringement, and warranties arising from dealing or trade usage.
ZET shall not be liable for any damages of any kind including, without limitation, indirect, special, punitive, and consequential damages (including, without limitation, lost profits) arising from or in connection with this agreement, the website, the services, the inability to use the website or services or those resulting from any goods or services sold, purchased or obtained or messages received or transactions entered into through the website or Services whether such damages result from theory of contract, tort (including negligence), strict liability or otherwise. Please note that this disclaimer of warranties and limitation of liabilities applies to ZET's service providers and each of their respective affiliates. ZET does not warrant or represent in any way that the website or the services will operate error-free or that the website or the Services will be uninterrupted.
INDEMNIFICATION
As a user, you agree to safeguard the rights and indemnify ZET and its controllers, affiliates, employees, directors, and agents against any and all claims, losses, liabilities, costs, and expenses (including, without limitation, attorney's fees) arising out of or in connection with (A) your use of the website and Services (including, without limitation, any claim relating to any item of property purchased by you on the website), (B) your breach of this agreement (including, without limitation, your non-compliance with any guidelines and/or policies incorporated by reference), (C) your violation of any applicable law, codes or regulations, and/or (D) your infringement of any third party rights, including, but not limited to, copyright infringement, infringement of any property right, and invasion of any right of privacy.
TERMINATION OF CONTRACT
ZET reserves the right, in its sole discretion, to terminate this Agreement or suspend the use of the website and/or Service to any seller/artist, at any time. The foregoing will occur in case of breach of this Agreement or the documents it incorporates by reference, or if ZET believes that your actions may be harmful to ZET or any of our users.
Notification of termination or suspension will be sent to the address you provided in your account settings.
The following sections survive, however, any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnification; Release; Representations, Warranties and Additional Agreements and Miscellaneous.
PROPERTY POLICIES AND LISTING GUIDELINES: GUIDELINES
RESTRICTED PROPERTY
A seller must not offer for sale any property through the website if the offer or sale of such property violates applicable laws or regulations or may subject the seller or ZET to potential harm. Without limiting the foregoing, a seller may not submit the following items for sale on the website:
Stolen property;
Property whose sale or offer for sale infringes any property rights (including, without limitation, copyright, patent, trademark or other intellectual property rights), privacy or publicity rights of third parties;
Property whose sale or offer for sale is prohibited under laws, rules or regulations.
Notwithstanding the above, ZET reserves the right, in its sole discretion, to restrict or prohibit the sale of any property item through the website.
REPRESENTATIONS AND WARRANTIES REGARDING PROPERTY
Each seller shall guarantee the following statements regarding the listing of any property item for sale on the website:
The seller has the right to offer the property item for sale through the website;
The title of ownership of any property item put up for sale and for which the transaction is completed, automatically passes, upon completion of the transaction, to the buyer at the time of sale;
The seller shall ensure that the property item is authentic or not counterfeit.
LISTING GUIDELINES
Each seller is required to fully approve and adhere to the following guidelines regarding the property to be listed for sale on the site:
1. The seller undertakes to list items within the appropriate categories on the Site;
2. The seller undertakes to guarantee online sales exclusivity of the item to ZET, art gallery;
3. The seller undertakes to have a minimum of 6 items for sale and a maximum of 12 items, promoting faster and easier readability for the buyer.
4. The seller undertakes to deliver the purchased property item from them, expediting its shipment to ZET within a maximum of 48 hours;
5. The seller undertakes to update their profile on the website on a quarterly basis, checking the availability of the offered items. It is further informed that if, when contacted by the gallery to confirm the availability of a product advertised on their page, it is not available, ZET reserves the right to delete the seller's profile and all offered items.
6. The seller undertakes not to include brand names or other keywords in the title that may affect keyword searches on the Site;
7. The seller undertakes not to use brand names, misleading names or inappropriate nicknames as a username.
ZET is not responsible, however, for any damage that the property item may suffer during the transportation process.
The seller undertakes not to use profanity or obscene images in any property listing.
Violation of any of the above policies and guidelines may result in immediate suspension of any sales process conducted by a seller, removal of property from the website and/or immediate suspension of the seller/artist as a user of the platform.
SALES AGREEMENT FOR ARTISTS
This specificity is intended for sellers who simultaneously assume the position of author of the property item.
AUTHENTICITY GUARANTEE
As a seller, you guarantee the authenticity of all property items offered by you for bidding or purchase on the website in accordance with the Property Policy and Listing Guidelines. ZET reserves the right to terminate any sale of any item that it believes, in its sole discretion, not to be authentic. It is not prohibitive for property items to be reinterpretations of other artworks, provided they are properly marked as such. All photographs referring to the artworks submitted on the platform cannot contain any watermark or reference to an individual or collective entity.
AUTHORSHIP GUARANTEE
As a seller, you guarantee the authorship of all property items offered by you for purchase on the website. You are only allowed to create an account as an artist, and inherently be listed as a seller if you are the author of the property items.
The artist profile must be fully completed according to the following parameters:
a. Biography
i. Place and year of birth;
ii. Current place of residence and work;
iii. Academic background;
iv. Artistic trajectory and main influences;
v. Main exhibitions;
vi. Presence in collections (if applicable, indicate the main ones).
b. Curriculum Vitae (enter field by field in the required format)
i. Education
ii. Solo Exhibitions
iii. Group Exhibitions
iv. Curatorial work and other work
v. Essays, articles, publications and other references
vi. Awards
Each item profile submitted on the platform must be filled out completely and according to the following parameters:
a. Photographic requirements:
i. High-resolution photograph;
ii. Painting/Drawing/Illustration (minimum of 3 photographs): front photograph of the artwork to be used as the main image; 2 detailed photographs; 1 photograph of the frame (if applicable);
iii. Sculpture (minimum of 4 photographs): front photograph of the artwork to be used as the main image; 1 photograph of each side; 1 detailed photograph; 1 photograph of the artwork stand (if applicable).
b. Descriptive memory of the artworks considering one or more of the following elements:
i. Context / project / series in which the artwork is integrated;
ii. Creative process;
iii. Main influences;
iv. For "Photography" category items: production and printing process.
DIRECT SALE OF ARTWORKS
All artworks submitted on the platform and accepted by the curatorial team are automatically placed under direct sale on the platform, where any user can purchase them at a fixed price.
The PVP (Public Selling Price) of each artwork on the platform is calculated based on the base price submitted by the artist along with the artwork profile submission, plus the corresponding VAT on ZET's margin (6% of the 50% margin).
In case of a sale, the artist is entitled to 50% of the total amount, all taxes included. The invoice for the amount paid for the property item must be sent to the mediating entity (ZET) after the 14-day return period, with the platform managers being responsible for the process. Payments to the author are made within 30 business days after receipt of the invoice/receipt/isolated act.
SALE OF PROPERTY ITEMS
When making communications regarding the property item for sale on the website, the potential seller sets a direct sale price. As soon as payment is confirmed by the buyer, the seller is asked to package their artwork according to the platform's standards, so that it can be collected by the partner transport entity. The transport entity and the seller will streamline the conditions for collecting the property item. If the packaging does not comply with transport safety standards, the competent entity may refuse to finalize the transaction, scheduling a new date and time for collection.
The author/seller of the artwork is also asked to send an invoice for 50% of the total price, as the gallery's 50% commission is deducted from this amount, among other expenses that may be their responsibility related to the services necessary to complete the transaction, including, but not limited to, applicable taxes. The invoice for the amount paid for the property item must be sent to the mediating entity (ZET), with the platform managers being responsible for the process. Payments to the author are made within 30 business days after receipt of the invoice/receipt/isolated act.
For more information, please consult Shipping & Insurance
AUTHENTICITY GUARANTEE
As a seller, you guarantee the authenticity of all property items offered by you for purchase on the website in accordance with the Property Policy and Listing Guidelines. ZET reserves the right to close the sale of any item that it believes, in its sole discretion, is not authentic. It is not prohibitive for property items to be reinterpretations of other artworks, as long as they are properly marked as such.
It is essential to note that, for the art gallery to be able to commercialize a property item through the ZET platform, it needs to have a formal pre-approval from the author of the item in question, or, in special cases (death, incapacity, among others), from the legal representative of that same author.
PROMOTIONAL MATERIAL
In order for the gallery profile and the property items contained therein to provide the most detailed information possible to the platform user, the signatory seller undertakes to provide descriptions, images, and photographs whenever requested by ZET. Furthermore, the information presented cannot be misleading in any way, whether through the inclusion of false information or by the omission of information.