Terms and Conditions

Introduction

Welcome to Art & Glam! You are now reading our Terms of Use (“Terms”), an agreement between you and the company for your use of our online platform and service, which connects people selling items online (“Sellers”) with people who want to purchase those items (“Buyers”). The platform and service are available at Art & Glam (the “Site”), and to make these Terms easier to read, our online platform and service, the Site are collectively called the “Services.”

If you are a Buyer, these Terms apply to you, also if you’re a Seller, there is a section of this Terms of service that applies to you. Kindly read these Terms and our Privacy Policy carefully, because they govern your use of the Services. If you have any questions feel free to send us a note through https://arteglam.com/contact/ we want you to feel comfortable using the Services and will happily answer any questions you have. These Terms of Service (“TOS”) govern your use of the content, and services offered through Art & Glam. By using our website, you accept and agree to be bound by this TOS. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of service. Such changes and/or modifications are effective immediately when posted on our websites. We may email periodic reminders of our Terms of service, but you should also check our website frequently to see any recent changes. Your continued use of our Services after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions. If you disagree with the TOS or any changes thereto, you should discontinue your use of our website.

Agreement to terms

By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Art & Glam hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without our prior written authorization; (iii) you will not send or post unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.

Acceptable use

You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site‘s systems, spoofing or faking email headers, or slowing or stopping the functionality of the Site.

Account registration and security of your account

In most cases, in order to access some features of our Website, order any of our service or interact with our website users, you will have to create an account on our website to make use of our service either as a buyer or a seller and as well purchase any of our products listed on the website. You may never use another’s account without permission. However, in the event that you register and/or purchase a product offered by us or any third party on our website you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site. To register on our site you will create a password and account designation.

You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with the involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Personal information

Registration Data and certain other information about you are subject to Art & Glam Privacy Policy. For more information, please see our full privacy policy on the Privacy policy page that can be found on the website.

You agree that we may access, preserve, and disclose your account information and your Content: (a) to our affiliated companies worldwide for the purpose of providing the Content to you and others in an efficient manner; (b) for the purpose of properly administering your account in accordance with our standard operating procedures; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or safety of the Service, its users, and the public. We may record customer service calls and collect other information related to the interaction between you and Art & Glam and between you and the retailer represented by us.

Special privacy terms for European Union residents

Art & Glam comply with applicable data protection laws, including the General Data Protection Regulation (“GDPR”), governing the Personal Data of European Union (“EU”) residents. If you are a resident of the European Union, your Personal Data, as that term is defined by GDPR, will be transferred lawfully to the United States pursuant to Art and Glam’s participation in the EU-US and US-Swiss Privacy Shield Frameworks (“Privacy Shield”). To read more about how Art & Glam comply with GDPR and concerning our participation in Privacy Shield please review the relevant commitments of our Privacy Policy.

Risk of loss

Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier. Art & Glam only serve as an intermediary between the sellers and the buyers, therefore; Art & Glam will not be responsible for any loss due to fraudulent act displayed by any of our website users, so we advise you to trade carefully when dealing with any of our website users, and never conduct any trade or deals outside the platform. Although we ensure we take our time to verify the identity of our website users during the course of creating an account with us. However, we cannot guaranty 100% that the documents provided by any of our users are real and genuine. So we implore you to use your intuition when dealing with third parties on our website. Art & Glam will only be responsible for the products, goods, and services we specifically offered to be purchased by us on our website.

Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) “User Content” means any Content that Buyers and Sellers (including you) provide to be made available through the Services. Content includes without limitation User Content.

All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Art & Glam be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

As we know that Art & Glam is a marketplace for high-end artisanal products, bespoke and luxury goods, we may offer a catalogue of items, which may include photos, descriptions, and other information provided by third parties. Art & Glam cannot guarantee that the information contained in such catalogue will be accurate or up to date, and you agree not to hold such third-party Content providers, or Art & Glam, responsible for any inaccuracies. Subject to your compliance with these Terms, Art & Glam grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and view the Content solely in connection with your permitted use of the Services.

User’s content

Certain areas of the website may allow sellers to post their own content, which can be accessed and viewed by others, including the public in general. For example, a seller may upload photos of goods/products offered by such seller for the purpose of publication on the Site. Please know that you may only post the Content that you own or have permission to post. You may not post any Content that violates these Terms of Use.

We do not claim ownership in any Content (as defined above) that you may post. However, by submitting such Content to public areas of the Site, you hereby warrant that you own the appropriate rights in the Content, so as not to violate any third party’s intellectual property or proprietary rights. Further, you grant to Art & Glam a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content, including any message or any email sent by you to us or posted on the Site (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed without the need to attributed authorship.

To be clear, you understand and agree that you may not upload, post, or otherwise make available on the Site any Content protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. You are responsible for determining that such material is not protected by copyright, trademark, or other proprietary rights. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from any uploading, posting, or submission.

Property ownership

The trademarks, graphics, images, logos, and service marks shown on the Services (collectively, the “Trademarks”) are registered and unregistered trademarks of us and our advertisers, licensees, suppliers, and others. Our trademarks, registered or not, cannot be used in connection with the products or services not offered by us, in any way that could create confusion with customers or in any way diminish us. Nothing contained on the Services should be construed as implying, by implication, estoppel or otherwise, granting, implicitly, impediment or otherwise, a license or right to use any trademark without the express written consent of Art & Glam, our licensees, or suppliers. Misuse of any trademark is prohibited, and we will aggressively enforce our intellectual property rights on such marks, including through civil and criminal proceedings.

Restrictions on the use of the site content / materials

This Site contains copyrighted materials, trademarks, and other proprietary information, including, but not limited to, text, photos, and graphics, the worldwide rights to which are owned by us, our related entities, parents, and our licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.

We reserve the right at all times (but are not obligated) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Art & Glam Rules for using the Services and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or, (v) protect the rights, property or safety of Art & Glam, its users and the public.

Copyright policy

Art & Glam respect the intellectual property rights of others and request you to do the same. Art & Glam do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Art & Glam will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. We reserve the right to remove Content without prior notice and will also terminate a User’s access to the Website if they are determined to be a repeat infringer. Art & Glam may remove such Content and/or terminate a User’s access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice, and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Art & Glam’s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of where the material that you claim is infringing is located on the Website, including the URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Art and Glam’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

What we offer / About Art & Glam

Art & Glam is a technology service and platform provider and not a retailer. Art & Glam is a marketplace for high-end artisanal products, bespoke and luxury goods, and also a community of artisans, artists, style advisors, and creators. Through the Services, we offer a technology service and platform to allow Buyers (clients looking up to purchase on the website and Sellers (creators, artists, style advisors) to connect. Sellers can sign up for the Services and offer their items for sale by posting a listing (“Listing”). Buyers can sign up for the Services if they want to bid on and/or purchase such items. We as well sell products ourselves on this website, which you will clearly see and know that the product you are about to purchase on the website is being offered by us.

However, our responsibilities under these Terms are limited solely to facilitating the availability of our technology services and platform. Also, we use third-party companies to process payments by Buyers and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Listing, we do so as an agent of the applicable Seller. Your access to the Services, your participation in any purchase of any items through the Services is at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.

How it works:

• vendors sell their products and services on the platform creating there shop
• we sell our own products
• products and services on demand or by subscription
• listing of industry professionals
• network of industry professionals B2B and B2C

Product and delivery

Although Art & Glam offers some products for sale on the website, but then some products displayed on Art & Glam are sold by third-party independent sellers/retailers. Art & Glam is neither the buyer nor the seller of the products. Art & Glam is the platform provider and commercial agent of the seller, enabling sellers/ retailers and customers/buyers to complete transactions. Art & Glam act as a commercial agent on behalf of the sellers only and not on behalf of customers. In our agreements with the seller/retailers, the seller/retailers have authorized Art & Glam to conclude the sale of products to customers. This means that Art & Glam have the authority from the sellers to bind the buyers/retailers to a sale of products. A contract formed on the completion of a sale of a product is made solely between the buyer/customer and the seller/retailer, although Art & Glam have the seller/retailer’s authority to bind the seller/retailer to a sale of a product pursuant to such contract. We are not a party to such contract nor assume any responsibility arising out of or in connection with it. We are using our best efforts to make certain that the products purchased by you at Art & Glam are of good quality, meet the requirements of all relevant rules and regulations and are in all material respects in accordance with the product description displayed on our website. We are monitoring our sellers/retailers’ delivery processes and our customers’ feedback of products sold at Art & Glam, but we have no direct control over the individual products or deliveries of products sold on our website.

When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the seller/retailer. The contract between you and the seller/retailer in relation to the products will not be formed until we have checked that the seller/retailer accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the seller/retailer. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the seller/retailer. Only those products listed in the dispatch confirmation email are included in the contract between you and the seller/retailer.

We receive your payments on behalf of the retailer, and we also undertake to refund you on behalf of the seller/retailer any amounts of money to which you may become entitled. Warranty terms are product specific, and therefore will be provided with the relevant product, or by the relevant seller/retailer.

We grant no endorsement

We do not endorse any Sellers or any items they may offer for sale through the Services. We are not obliged to conduct background checks on any Seller, but we might do so on a discretionary basis. We are not responsible for any damage or harm resulting from your communications or interactions with a Seller. Sellers are not employees, agents, or otherwise, contractors of Art & Glam and we do not, in any way, supervise, direct, or control a Seller. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Sellers or other third parties will be limited to a claim against the Sellers or other third parties who caused you harm and you agree not to attempt to impose liability on us or seek any legal remedy from us with respect to such actions or omissions.

Making a purchase on the platform / payment terms

If you make a purchase, you may be asked to provide payment information, including your credit card number, your bank account and routing number, the expiration date of your credit card, your address(es) for billing and delivery, and other information about your financial accounts (such information is regarded as, “Payment Information”). If you make a purchase, you authorize Art & Glam and its payment processor(s) to use the Payment Information to charge your designated payment account. You also authorize our payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by using the Payment Information to debit or credit the payment account used in the applicable transaction.

You agree to bear any additional charges that your bank or other financial service providers may Art & Glam levy on you. You will receive a confirmation email once the transaction is complete. If you have any concerns or objections regarding charges, you agree to raise them first with us and you agree not to cancel, reject, chargeback, or request reversal of any charges related to a Purchase unless you have made a reasonable attempt at resolving the matter directly with Art & Glam.

Because Buyers and Sellers may be located in separate and applicable tax jurisdictions, a Purchase may be subject to local sales, Customs, or value-added taxes or additional postage upon delivery. These taxes or additional postage fees are not charged by or through the Services and Art & Glam cannot be responsible for or provide order-specific advice regarding additional taxes or postal fees.

When you make a purchase via the Services from any seller of your choice found on the website, kindly know that you are purchasing directly from the applicable Seller of the item, and not from Art & Glam. Art & Glam will only be responsible for the products they sell on themselves on the platform. Apart from our products, any details regarding an item, including but not limited to product descriptions, warranties offered, or any other terms set forth in the Listing by any seller are between you and the applicable Seller. You should review and familiarize yourself with any and all terms of sale provided by the Seller prior to bidding on an item or purchasing an item using the “Buy Now” button.

Service fees

Service fees or small order fees may be added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. However, the service fee is 3%, and will only be added at the time of purchase.

We may also charge fees for certain services, such as listing upgrades and memberships/subscriptions. When you use a service that has a fee, you have an opportunity to review and accept the fees. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence. Unless otherwise stated, all fees are quoted in Euro.

Subscriptions / membership plans

In some cases, you may be required to purchase a recurring plan (subscription) if make available on the website. Select from a range of membership plans to determine the fees you pay for our service. Memberships will recur on either a monthly or annual basis on the anniversary of your subscription unless cancelled. If funds are insufficient we will try to renew your membership for up to 30 days, until funds are made available.

You may cancel your membership at any time from the user settings page, which will cease billing at the end of your subscription period without additional costs.

Transaction between buyer and seller

Through the use of the Art & Glam service, Buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to comply with this agreement for the sale of goods and/or services. Art & Glam is not responsible, nor will Art & Glam be obligated to mediate or judge the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of items for sale. The buyer will be responsible for paying for the items purchased, in accordance with the policies and terms and conditions established by Art & Glam. Users who buy and/or sell must be aware and run the risk of using a website or Internet to initiate transactions. Users must know other users who operate under false claims, false statements and with the intention of committing fraud.

Although Art & Glam take precautionary measures to ensure the identity and validity of users who register electronically to use the site service, we cannot confirm the identity of all parties that use the Art & Glam service. We suggest that all users employ common sense and encourage users to contact Art & Glam to report any and all suspicious behavior or misappropriation of the site service.

Art & Glam do not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via info@arteglam.com. Art & Glam provides an open community and embraces the free speech of users on the site within the limitations set forth in this TOS and decisions made by Art & Glam staff.

Charges

The buyer will pay the seller the price agreed upon. All sums paid by the Buyer will be paid through the Art & Glam Platform to Art & Glam as the seller’s agent, and the Buyer’s commitment of payment to the seller is met when payment is made to Art & Glam.

Payment account

At the point when a Seller orders a particular product on the website, the Seller pays directly to Art & Glam for the ordered products. Art & Glam will then hold the fee until the product is being shipped to the Seller/retailer and is being confirmed by Art & Glam that the product has been received by the Buyer, after which Art & Glam pay the seller the agreed percentage. You agree that you will not get premium or different income on the funds that Art & Glam handle as your agent.

Liability and disputes

Art & Glam do not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspects of the items listed for sale, nor does Art & Glam have any control over or liability for the accuracy, truthfulness, quality, or other aspects of the materials and information associated with Listings. Art & Glam is not liable or responsible for defective items. California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. If a product does not comply with California Prop 65 regulations, the applicable Seller is required to include a warning in the listing description.

If an item sold on Art & Glam is delivered to you in a defective condition, or if you do not want to keep a delivered item for any reason, your sole remedy is to return the product directly to the Seller. Items must be returned within 30 days of the delivery date using a valid, electronically visible tracking number. A full refund of the purchase price including original shipping will be processed once the return is verified through tracking. Art & Glam reserve the right in its sole discretion to determine if and when return postage will be provided to the buyer or the cost of return shipping will be partially reimbursed as store credit.

Buyers and sellers feedback

Users may submit feedback information regarding Sellers that use the Services. You may only use the rating and feedback features for the bonafide purpose of submitting feedback regarding the experience you had. Any other use of the feedback system is prohibited. You may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user’s rating. Feedback information submitted by a user may be made available through the Services to other users.

Cancellation

You must inform us of your decision to cancel your order as per our Cancellations and Modifications page, which you will find on the bottom corner of the website or through this link. We recommend you submit your request through our interactive Help Centre, as this is the quickest way to request a cancellation, but for EU customers you may instead complete, print and post this model withdrawal form:

• Please complete the following sections below the line, print and post the form to:
• Customer Services Team, https://arteglam.com/contact/
• To: Customer Services Team, https://arteglam.com/contact/
• I hereby give notice that I withdraw from my contract of sale of the following goods:
• Order number:
• Ordered on:
• Your name:
• Your address:
• Your Art and Glam account e-mail address:
• Your signature:
• Date:

You will also need to return your product(s) to the retailer from which you purchased the goods to enable us to process your refund. This will be a different address to that above, you can do this through our interactive Help Centre. DO NOT send your products directly to ART & GLAM – this will delay your cancellation and refund.

Communicate with other users

The Art & Glam website and services may allow the user to communicate with other users. Discretion should be used when disclosing information through these means, as it is accessible to third parties. The use of any personally identifiable information and the options related to the use of this information is subject to the Art & Glam privacy policy.

Alerts and notifications

As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You have control over the Messages settings and can opt-in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your account or by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third-party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

Community

Art & Glam users are welcome to utilize our community to make connections, collaborate, report issues, or have conversations with other users. Community space includes all areas where user-submitted content is published and available for the public or other users to review or read. These areas include forums, blogs, messages, comment sections, chats, tutorials, and policies. To ensure that Art & Glam continue to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:

• Users must be 17 years of age or older to participate in the community spaces unless under the constant supervision of a parent or guardian.
• Use the Messaging system to conduct business or converse with other users privately. Spamming or harassment via the message system is not allowed.
• Respect everyone’s privacy. Do not share personally identifiable information about yourself and other users in the public areas of the website.
• Do not use any of the spaces or tools in the community to interfere with or denigrate another user.
• Be respectful and professional. Aggressive, threatening, harassing, vulgar or hateful language published in community spaces is not tolerated.

As a member of the Art & Glam community, you have the option to mark or report a user that does not meet these community guidelines. Reports and behavior that you believe are harmful to another member of the community, in general, are handled confidentially.

Buyers / purchaser’s terms

As a buyer or a user that purchase a seller’s goods or services through this platform, you accept and guarantee that your information:

• is accurate and not false, deceptive, or fraudulent;
• does not infringe any intellectual property rights of third parties;
• is implemented in accordance with all applicable government laws, regulations or guidelines;
• is not counterfeit, threatening or offensive or constitutes harassment;
• does not contain confidential information or trade secrets of third parties unless you have obtained the consent of the owner of the third party;
• does not contain viruses, worms, Trojans or other dangerous programs or data, connected or incorporated into other programs or data or not;
• does not defame (slander or slander) another person or transmit misleading or inaccurate information of any kind, of a personal or commercial nature;
• Your information will be kept up to date and will modify your account/profile and any other information accordingly.
• you have the legal capacity to purchase goods or services for which you make an offer and otherwise you will not violate any laws related to the purchase of such goods or services;
• you will not bid for goods or services on this site unless you can and have sufficient available capacity to pay for such goods or services;
• the purchase of goods and/or services on this site is at your own risk;

Sellers terms

As a product seller on this platform, you declare and guaranty that all Services must be completed and that all Goods listed for sale on this platform, including all parts and components thereof, will be new and will not be used, reconditioned or refurbished. The seller warrants that all Goods delivered shall be free from defects. Additionally, Seller warrants that the Goods will be: fit for the use intended by the Buyer; free from any actual or claimed patent, copyright or trademark infringement; and subject to all written and oral express warranties made by Seller’s agents; subject to all warranties implied in law and; will be free from liability for the payment of royalties. All guarantees must be interpreted as conditions and guarantees and must not be exclusive. The seller of one or more items must guarantee the conditions of the item and cannot misrepresent the item that will be sold in any way.

Prohibited Items

• Firearms and explosives
• Hazardous chemicals
• Stolen Items
• Fireworks
• Adult, erotic or pornographic material, including any material not suitable for children under 18.
• Drugs, alcohol, and tobacco.
• Mass-produced electronics
• Protected antiques

Items that violate our Terms of Service or Terms of Use

• Any item or service that violates applicable local, state, federal or international laws regarding the production, distribution, advertising or transportation of said item.
• items that you do not have in your possession or items that you do not intend to deliver
• Illegal, counterfeit or contraband items of any kind.
• Articles, materials or products protected by copyright, trademarks or patents of third parties.
• Pirated materials.
• Personal data or information.
• Items or products that carry or transmit hidden codes or signals with the intention of causing damage or tracking personal or transactional information of any kind.
• Misrepresented items or products.
• Damage, harass, intimidate or defame materials, products or objects.
• Hazardous materials, products or items.
• Prostitution or other similar services.
• Any product or service that Art & Glam deems inappropriate, harmful, fraudulent or illegal.

What is prohibited in Listing Products By the Seller?

These are some of the basic rules for labelling your content and products on the website:

• Use only precise and relevant terms that describe the specific Content or Product in your listing
• You must not label a Content or Product with related, but inaccurate words.
• You may not intentionally misspell your Content or Products (unless such misspelling is part of the Design).
• You may use a short descriptive phrase as a tag if it accurately describes your Content.
• You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
• You should only state what the Product is, not what the Product may become or potential uses for the Product.
• You may not use words that are derogatory.
• You may not use malicious tags or descriptions.
• You may not use copyrighted or trademarked material unless you are the real owner.
• Tags or attributes that are duplicates are not allowed.

If you do not follow the rules set forth above, Art & Glam may:

• Delete the Content or Product(s);
• Suspend your account with us (“Account”);
• Withhold any Earnings for Products that contain inappropriate or inaccurate descriptive information; and/or
• Terminate your Account (you hereby agree to forfeit any Earnings if Art and Glam, in its sole discretion, finds it necessary to terminate your Account for violation of the rules in the User Agreement and/or this Agreement)

How do Art & Glam enforce these rules?

Art & Glam may take the following actions to enforce the terms of this Agreement:

• Send a notification informing you of the offensive action, behaviour, etiquette, spam or description and request immediate corrective action;
• Make your content or products unavailable;
• Delete your content or products;

In the case of certain repeat offenders, at our sole discretion, we will refuse payment of your earnings;

In the case of certain repeat offenders, we will suspend and/or cancel your account.

Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and user accounts, prohibit access to the Site and any related content, services and tools, delay or remove Content and Products from the Site and discontinue our relationship with any Sellers whom we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable.

Monitoring

We will have the right, but not the obligation, to monitor the content of the site to determine compliance with these Terms of Use and other operating rules that we may establish from time to time. We will have the right, in our sole discretion, to modify, refuse to publish, or delete any material posted or published on the Sites. Without limiting the preceding, we will have the right, but not the obligation, to remove any content which, in our sole discretion, we believe violates the provisions of this document, which otherwise would be unacceptable or obsolete. Despite this our right, users will remain solely responsible for any of their content. You admit and agree that neither we nor any of our affiliates will assume or have any responsibility for any action or omission on our part concerning any conduct within the site or any communication or publication on the site.

By using any part and/or functionality on the Site or the Services, you agree to comply with the following Code of Conduct.

Permissions and restrictions

You can not:

• Copy, modify, create derivative work, attempt to discover any source code of the Site or Services;
• Delete or hide the copyright notice or other communications that appear in relation to the content accessible through the Site or the Services;
• Interfere with or interrupt the resources, services, servers, and networks of the site connected to the site or disobey any requirement, procedure, policy or regulation of the networks directly or indirectly connected to the site;
• Change the website or Services in any manner, or use altered versions of the Website, including (without limitation), in order to gain unauthorized access to the Site or the Services;
• Reproducing, printing, storing, storing or distributing the content retrieved from the Site or the Services in any form, for any commercial use without the prior written permission of Art & Glam;
• Sell, assign, license or transfer any rights over the Services or the content accessible through the Site;
• Access the site or services by any means other than the interface provided by Art & Glam;
• Violate the restrictions in any robot exclusion headers on the Site or the Services, if any, or circumvent or circumvent other measures used to prevent or restrict access to the Site or the Services;
• Collect or store personal data in other users of the site or services;
• Engage in actions that infringe the privacy rights of others, including, but not limited to, assembling and spreading data about Internet users without their consent, except as authorized by applicable law; or
• Use the site or services to violate any law (local, state, national or international), intentionally or not.
• It is not possible to send automated queries of any kind to the Site, which include:
• use any software that submits queries to determine how a site or “page” is classified for multiple queries;
• “Meta-search”; Search “offline” on the site.

Spam and illegal activities

You agree to be solely responsible for the content of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of illegal, defamatory, harassing, defamatory, invasive privacy of another, abusive, threatening, harmful, vulgar, pornographic, obscene or offensive, offensive religious feelings, promotes racism, contains a virus or malicious code, or one that violates or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam,” “chain letters”, “phishing” or mass distribution of unsolicited email. We reserve the right to cancel access to the Services if there are reasonable grounds to believe that we have used the Services for illegal or unauthorized activities.

Accuracy of information

We make every effort to ensure the information presented in, on or through the site is accurate; however, Art & Glam makes no guarantee as to such information and is not responsible for any resulting loss or damage. Art & Glam make no representations regarding the availability and performance of its site. You, as a result of this, admit that any use of the Website and reliance upon any Materials shall be at your sole risk and that Art & Glam shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

Third-party

We may provide links to affiliate company sites and other business activities. If you buy any of the products or services offered by these companies or individuals, you are buying directly from those third parties, not from us. We are not responsible for the examination or evaluation and do not guarantee the offers of any of these companies or individuals (including the content of their websites). Art & Glam assume no responsibility for the actions, products, and content of all third parties available on the website. We advise users to carefully review the privacy statements and other terms of use of any third-party content or websites found on the site.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners, retailers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of or connection to the Service, your violation of the TOU, or your violation of any rights of another.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.

Limitation of liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT DISPLAYED IN THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR PRODUCTS DISPLAYED OR SOLD THROUGH THE SERVICE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT AND SERVICES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, TO BE VALID ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE, ANY PRODUCTS DISPLAYED IN OR SOLD THROUGH THE SERVICE OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THE TOU SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS.

Termination

You agree that we may terminate, in our sole discretion, your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account.

Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with Art & Glam guidelines and policies. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.

General information

This TOU (including the practices and policies referred to herein) constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. Your use of the Service may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and us shall be governed by the laws of the UK. You agree to submit to the exclusive jurisdiction of the UK courts. Any failure by us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. Neither you nor we may assign or transfer any rights or obligations under the TOU without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies. You agree that your Art & Glam account is personal and non-transferable. The section titles in this TOU are for convenience only.

If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.

Entire agreement

These Terms and the Art & Glam Rules are the entire and exclusive agreement between Art & Glam and you regarding the Services, and these Terms supersede and replace any prior agreements between Art & Glam and you regarding the Services. These Terms apply only to Art & Glam and you. These Terms are not intended to, and shall not, create any third-party beneficiary rights, except as expressly provided in these Terms.

We may revise these Terms from time to time. If we make any material changes to these Terms, we will notify you of such changes by posting them on the Art & Glam website or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.