Termini venditori | ixart .net

ixart.net provides an online site where you can sell your objects, works of art to buyers from all over the world. It is essential for us that our Online Site is safe and reliable for both Buyers and Sellers, which is why we have implemented some important rules for selling on ixart.net (the "Terms of Use for Sellers").

These Seller Terms of Use also describe and set out your rights and obligations with respect to Sales contracts which you stipulate directly with the Buyers of your works of art / objects. By accepting these Terms of Use for Sellers, you agree in advance that the rights and obligations mentioned are part of each Sales Agreement and that these terms will be binding on you towards the contractual counterparty. Accordingly, these terms may be invoked against you and / or by you as part of the Sales Agreement. These terms supersede any terms of the Sales Agreement that are incompatible with them. In our Terms of Use for Buyers, you can find the rights and obligations of the Buyers regarding the Sales Agreement.

Capitalized words used but not defined in this document have the meaning assigned to them in our General terms of use.

Article 1:Registration Before you can offer material for sale online, you will need to register on the site:

After registration you will need to create a Seller Account. When registering as a Seller, you are required to truthfully declare whether the registration is carried out as a private person or in a professional capacity, in accordance with our Rules for professional sellers (as amended periodically). If you use our Online Site to sell works in connection with your trade, business, craft or profession (as a "Professional Seller"), or if we decide that you meet the criteria to be considered a Professional Seller, you will need to register as a Professional Seller.

We may ask you for additional identifying information. To sell on our Online Site, we may ask you to provide additional identifying information. For example, you may be required to provide a copy of your ID, bank account number, date of birth and, if applicable, VAT number, in line with our Privacy Policy. Additionally, our Payment Service Provider may need this information before you can sell or receive payments. You understand and agree that any refusal to provide the requested information will constitute a reason for refusal for ixart.net to provide any Service.
There are two ways to sell the works : -FIRST MODE, No commission will be applied by ixart for the sale of works of art, to sellers who receive payment directly from buyers . -SECOND MODE(ON REQUEST) We require a fee for the sale of works made by our service provider in which the use is explicitly requested. For the service, our supplier will ask for a fee for the use of the Service by the seller. In the latter mode, the commission for sellers is equal to15%(ten per cent) of the Purchase Price ("Commission payable by the Seller") and will be deducted from the payment of the Purchase Price.If applicable, the Commission payable by the Seller will be increased by VAT, any taxes (for example, withholding taxes), customs duties, duties and any other fees due. We provide the Service and also charge a commission to the Buyer. By accepting these Seller Terms of Use, you expressly agree to our right to charge both Seller and Buyer a fee for the same transaction. For more details, please review our General Terms of Use and Buyer Terms of Use.
The works proposed for sale are the sole responsibility of the Sellers.Our experts determine the eligibility of the artwork on our Online Site solely on the basis of an online review of the description, photos and / or videos of the artworks provided by the Sellers. The Seller is the party presenting an item / work for sale, not ixart.net, and the Seller remains responsible for compliance with our quality guidelines and guidelines for sale, compliance, quality, safety, legality, provenance and authenticity of the works offered for sale and the correctness, accuracy and completeness of the descriptions and photographs of the works. ixart.net plays a purely auxiliary role, providing an online site and additional services before and after the sale.
Selling professionally. If you use our online site as a professional seller, you are required to comply with all the rules and regulations that apply to the sale as a professional seller, register in your real capacity as a taxpayer, providing all the necessary data at the time of signing up.
- We invite you to fulfill your VAT obligations. In order to obtain Professional Seller status for VAT purposes, you are required to provide us with a valid VAT identification number. If you are based outside the EU and do not have a VAT number, you will need to provide alternative proof, to the satisfaction of ixart.net, that you are using our Online Site in a professional capacity (for example, to carry out a commercial, business, craft or other professional activity). You acknowledge that you will be considered a Professional Seller for each use through the relevant Account. Your account must be updated, with the details of your legal address, your VAT identification number and any location you ship your Lots from. If ixart.net determines or receives information showing that you are not complying with your VAT obligations, or if you provide incorrect information that does not allow ixart.net to correctly collect VAT in cases where ixart.net is obligated to collect VAT, we can prevent the sale from your Account and your active ads can be removed.
- You will need to comply with our Rules for Professional Sellers. To help you determine if you qualify as a Professional Seller, please review our Rules for Professional Sellers and ensure that your Seller status is always in line with the guidance provided therein. You acknowledge that if you falsely identify yourself as a private seller on our Online Site, at any time, ixart.net may be held liable for misreported VAT (and potential penalties) by the tax authorities. You will fully indemnify us and release us from such complaints and related costs and damages.
- You will have to respect the EU right of withdrawal and any other consumer protection rules. If you use our Online Site as a Professional Seller, you acknowledge and agree that in certain cases Buyers within the European Economic Area (EEA) and the United Kingdom are protected by certain consumer protection laws. This includes, by way of example but not limited to, the right of Consumer Buyers to the “right of withdrawal” of 14 days. You are expected to cooperate fully with us in this process. Please read our Return Policy carefully for further information .

If you are not registered as a Professional Seller, but we have reasonable grounds to believe that you are using our Online Site in a professional capacity, we have the right to consider you as a Professional Seller for all future sales through that Account and we may take action by updating the your Seller status in your Account. This means, among other things, that you will have to respect the right of withdrawal provided by the EU .

Article 2: Presenting works of art for sale

Make sure you are aware of the following when submitting works for sale on our online site. Make sure you read the following carefully:

We will determine the suitability of your object / artwork. We will decide which works are eligible for sale on our Online Site. We make this decision at our discretion and consider factors such as interest, rarity, possible selling price and expected demand for the work in question. We may reject works without stating a reason (even if a similar work has been or is currently published for a sale).
Regardless of the admission of the Lot by ixart.net, you agree to remain solely and ultimately responsible (for compliance) of the work / object and its description as indicated in more detail in these Terms of use for Sellers.
We require a correct, clear and complete description of your artwork. When presenting objects / works, you must provide clear and understandable information. The following materials and information must be included, but are not limited to:
- A correct, complete and accurate description of the work;
- Information regarding the conditions and classification of the work, including whether or not the object is included in the margin scheme in the context of applicable VAT legislation;
- Information on the country of origin of the work, including whether the work is still in its country of origin and, if applicable, an indication of the date on which the work left its country of origin.
- Clear photographs that accurately represent the true current state (including any defects or imperfections), features and other details of the work;
- All information and documentation available on the provenance and authenticity of the work and, if applicable, a certificate of authenticity;
- Any Reserve Price (the option to set a Reserve Price will depend on the value of the work);
- An indication of any shipping charges or duties;
- Any other conditions relating to the object proposed for auction.
It is your responsibility to provide a correct description of the work. The responsibility for a correct description of the work remains with you, even if we propose or make changes and / or additions to the description of the work. You agree that we have the right to do so, for example, to ensure that complete information regarding the work is guaranteed. We will confirm the description of the work and you will be able to access and view all your Lots and descriptions in the section dedicated to sellers in your Account, including any changes or additions made by us. You warrant that the final description used accurately describes the work and you agree that we can assume that you are in agreement with any changes and / or additions we have made prior to publication. Any liability towards third parties, including the Buyer, arising from or related to an incorrect, incomplete or inaccurate description of the work (including photos and / or videos) will be your sole responsibility, and you will fully indemnify and release ixart.net from any disputes, damages and costs, including legal fees, arising from or related to such incorrectness, incompleteness or inaccuracy.
It is your responsibility that the work conforms to the description. You warrant that each work you submit for auction conforms to the work description, photographs and any other material that has been uploaded, you also warrant that each work conforms to the reasonable expectations a Buyer may have about that work.
You are responsible for your obligations under the Sales Agreement. You guarantee that all conditions relating to your proposal are not in contradiction with the Sales Agreement and the General Terms of Use. In the event that you have the ability to upload additional terms and conditions to the Standard Sales Agreement of, you are required to carefully check if any of your conditions contradict the Terms of Use. Additionally, you will need to take particular care to ensure that (i) your terms are in line with the terms of the Sales Agreement, as set out in the Terms of Use, and (ii) your terms are in line with all applicable laws, including consumer protection regulations.
You warrant that you have the right and authorization to sell the work / item. When you propose and sell a work, you warrant that you are not and will not be (i) violating any law or regulation, including any economic sanction rules and regulations applicable to you and ixart.net, (ii) violating any right of third parties, including contractual rights and (intellectual) property rights, (iii) acting fraudulently in general, or (iv) acting illegally and / or fraudulently towards third parties or ixart.net. You also warrant that the sale of the work constitutes an honest and genuine transaction. In particular, you warrant that you will not sell a work of art / object or in the context of a false transaction that allows the Buyer, yourself and / or a third party to transfer an amount and launder the money in question.
Compliance with import and export control laws and regulations. You are responsible for ensuring that the work complies with all import and export control laws and regulations. If necessary, you will obtain the import / export approvals and licenses required for the sale of the work and provide documentation attesting to compliance with such laws and regulations. ixart.net will not be liable for the failure a) to provide an export license by the Seller; b) any subsequent interpretation of the import, export or applicable law or regulation, or c) delays and / or cancellations due to inaccuracy of applicable import or export laws and regulations.
Remove a work before or during online publication. te), the costs and expenses that ixart.net incurs or incurs as a result of the removal of your Lot from an Online Auction. If you ask us to remove a Lot after its publication in the Online Auction, you will need to indicate the reason why the work should be removed. You will need to provide such evidence on our first request.
Positioning of the work by our experts. Our experts determine the placement of the work shown on our Online Site based on their experience and certain criteria.

Article 3: Publication of the work on the Art Market

Once the publication and sale have been accepted, other Users can purchase the work. By selling on our Online Site, you agree to the following rules:

The Buyer and the Seller of a work enter into a Sales Agreement. At the time of purchase, you will automatically enter into a Sales Agreement with the Buyer of the work. This will not happen if the sale takes place off the site, in this case the seller is obliged to communicate it to ixart with the code of the work.
The works you propose on our online site are for sale exclusively on ixart.net
Obligation to pay the commission. Sellers are also responsible for paying commission to ixart.net if they offer or refer to their contact information, or ask for a Buyer's contact information, in the context of trading outside of ixart.net, even if the item is not sold on ixart.net.
Positioning of works in search results. The classification and positioning of the works in the search results on our Online Site may vary and depend on a number of factors, such as the name of the category, the specifics of the work, the title and subtitle of the work, the description of the work. opera and (self) translations of any search parameter.

Article 4: Delivery or collection of the Lots

After the sale of a work, we will ask the Buyer to pay the Purchase Price, any shipping costs and any Commission. We will notify you as soon as the Buyer has made full payment, so that you can deliver the work to the Buyer or arrange for it to be collected. The shipping details in the Lot description determine whether you will need to ship the items to the address associated with the Buyer's account or whether the Buyer will need to collect the Lot from you.

The work must be shipped or transported within five (5) working days from the date of payment. Unless you have agreed to collect the work with the Buyer, you must carefully pack the work and ship it within five (5) business days of receiving confirmation of payment from us. You are responsible for the correct shipment of the work to the Buyer and will be responsible for any damage that may arise as a result of incorrect shipment. If you choose to make use of a proposed or recommended shipping service through our Online Site, you will need to consult the terms and conditions offered by the relevant supplier. You agree that we can never be held responsible for the shipping services offered or recommended through our Online Site. The specified delivery time will never be considered as a legal limit (“fatal termijn”).
The works must be sent with a valid tracking code. We strongly advise you to use registered and / or insured shipments in proportion to the value of your Lot, as the risk of damage and / or loss of your Lots during shipment will be at your expense until the moment of delivery.
The works must be sent from the address indicated in your Account. You are required to send the works from the address indicated in your Account. If you ship the work from a different address, you will be required to cover any costs that would not have been charged if the work had been shipped from the address indicated in your Account (for example, but not limited to, taxes and import duties) ._ cc781905-5cde-3194-bb3b-136bad5cf58d_
Drop shipping is not allowed. Drop shipping is not allowed for the works. You cannot transfer the burden of shipping the work to a third party such as the manufacturer, wholesaler, retailer or fulfillment center, who then ships the work directly to the Buyer .
Shipping to and from unsupported countries. It is not possible to sell and / or ship Lots from countries that are not in the list of supported countries. If you ship a work from an unsupported country, you will default and lose your right to receive payment of the Purchase Price. You will not be able to use a shipping company or other third party that may result in or cause a violation of the law applicable to either party, including any economic sanction rules and regulations applicable to ixart.net.
We ask that you contact the Buyer in case of any problems with the shipment. In case of delays, loss and / or damage to the work during shipment, if you are unable to reach a solution with the Buyer, you will have to request and collaborate in an investigation by the shipping company. An ongoing investigation does not affect our right to decide whether the Purchase Price will be refunded to the Buyer or paid to you under Article 14 of the General Terms of Use.
Excess shipping costs must be reimbursed to the Buyer. In the event that the shipping costs are less than the amount indicated in the Online Auction, you will have to reimburse the Buyer for any excess shipping costs that the Buyer has paid.
Penalty in case of non-delivery. In case of non-delivery of the work, ixart.net has the right, except in cases of force majeure on your part, to amount a penalty immediately due and payable corresponding to a maximum of 25% of the purchase price. This penalty does not affect our right to claim damages.

Article 5: Payment for the work

You will receive the Purchase Price (with the deduction of the Commission paid by the Seller) after (i) the Buyer has paid the Purchase Price, the shipping costs (if any) and the Auction Commission, and (ii) we have confirmed based on a valid tracking code or other form of confirmation that the Buyer has collected the Lot or that the Buyer has received their purchase .

We may withhold payment. We have the right to suspend your payment in the event that the Buyer has notified a dispute caused, for example, by alleged damage or non-conformity of the work.
Exchange rates may apply. We will adjust the exchange rate of each Lot to the applicable rate at the start of the Online Auction. Even if the exchange rate changes during the Online Auction, the exchange rate we will apply will remain the one set at the time of the auction. You agree to receive a Purchase Price in your currency which may be lower (or higher) than the applicable exchange rate at the end of the Online Auction or at the time of payment of the Purchase Price. We also have the right to round the Purchase Price to the nearest whole monetary unit before proceeding with payment.
We have the right to cancel a transaction if the Buyer fails to pay. If the Buyer fails to pay in accordance with its obligations under the Buyer Terms of Use, we may send payment reminders to the Buyer. If the Buyer does not make the payment within the allotted time, regardless of whether ixart.net has sent reminders, you accept and acknowledge that we have the right to cancel the transaction. The cancellation of the transaction is not equivalent to a dissolution of the Sales Agreement. The cancellation of the transaction means that ixart.net's role as mediator in the conclusion and / or execution of the Contract comes to an immediate and irrevocable end. Once the transaction is canceled, you can decide to resubmit the Lot for auction or contact the Buyer directly to assert your rights under the Sales Agreement. You agree that we can never be held liable for any missed or late payment by any Buyer under the Sales Agreement or for the cancellation of a transaction by us .
Payments are subject to the conditions of our payment service providers. We work with payment service providers to handle payments reliably and securely. The payment processing services on our Online Site are provided by our payment service providers, but not limited to Stripe or Payoneer, depending on the country in which you reside. These payment processing services are subject to the respective terms of our payment service providers. For Stripe, the services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively referred to as the "Stripe Service Agreement") . For payments processed by Payoneer, the services are subject to Payoneer's Terms and Conditions of Use. By selling on ixart.net, you agree to adhere to these conditions, which may be subject to periodic changes. Receipt of payment may depend on the compilation of all the data requested by the relevant payment service providers, such as the date of birth and, in the case of Professional Sellers, the company's registration number in the register. If the payment service provider blocks a payment in accordance with the applicable terms, we have the right to cancel the transaction in our system and, to the extent permitted by applicable law, including the economic sanctions rules and regulations applicable to ixart.net, refund the Buyer. We cannot be held liable for any damages related to such cancellation or for the payment service provider's failure to provide payment services in a regular and timely manner.
We reserve the right not to pay you. If you fail to comply with our Terms of Use (for example, if you have shipped a Lot from an unsupported country or if you have not communicated the required identification information to our Payment Service Provider), we reserve the right not to pay payment for the work in question. In these cases, you agree and acknowledge that you will waive any claims you may have against us for such payments.
No violation of the law is allowed. You will not be able to use a financial institution or other third party that may result in or cause a violation of the law applicable to either party, including the economic sanctions rules and regulations applicable to ixart.net.
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Article 6: Non-fulfillment of duties towards the Buyer

In the event of your failure to comply with the obligations arising from the Sales Agreement towards the Buyer, you will be in default ("verzuim") and the Buyer will be entitled to dissolve ("dissolve") the Sales Agreement. We may send you a notice of default and a notice of dissolution on Buyer's behalf, but we are under no obligation to do so. In case of dissolution of the Sales Agreement, you will compensate the Buyer for damages, without prejudice to any other rights of the Buyer. This includes refunding the Buyer for any Purchase Price you have already received from them. We will not be responsible for this refund. All liability in relation to your obligations to the Buyer will ultimately be solely with you. This includes, but is not limited to, the obligation to deliver the work in accordance with the description and photographs of the work provided.

Article 7: Non-fulfillment of duties towards ixart.net

In the event of your failure to comply with the obligations arising from the Terms of Use towards ixart.net, we may decide to cancel the transaction of the work in question. This cancellation does not amount to a dissolution of the Sales Agreement and the Buyer is free to assert his rights directly against you under the Sales Agreement. In the event of cancellation of the transaction, we may hold you responsible for any damages and expenses incurred and / or derived from the cancellation. This means that you will still have to pay the commission payment to be paid by the Seller, as well as any other damages. You will also be held responsible for the amount we have lost due to cancellation.

Consequences of non-compliance with our Terms of Use

In addition to the provisions of Article 9 of our Terms of Use, (i) to comply with applicable law (including any rules and regulations applicable to ixart.net) or in the event that (ii) you have violated our Terms of Use , (iii) you have repeatedly received unfavorable ratings or we are aware of problems relating to your conduct or behavior, or (iv) we believe in good faith that they are necessary to protect our Online Site, other Users, or it is in the (public ) general (for example, (v) to prevent fraud or other illegal activities), we reserve the right to take one or more of the following measures:

Temporarily or permanently restrict your access to our Online Site or your authorization to sell and / or bid on works, services, reservations;
Temporarily or permanently revoke any special statuses associated with your Account and / or immediately terminate any commercial agreement entered into with you;
Temporarily or permanently restrict access to your Account;
In the event that (i) you have not provided accurate banking, identification or contact details on our first request within a reasonable period of time, (ii) you have been referred by our payment service providers, or (iii) you has not passed any PEP check or sanctions list, or (iv) ixart.net determines or is otherwise informed by any competent authority that providing the Service to you would be prohibited or sanctioned under any applicable economic sanctions laws and regulations to ixart.net, you will default and (a) any payment (including a refund) may be withheld or (b) you will lose the right to receive the payment (including a refund); in addition and regardless of ixart.net's right to take any other measures mentioned in this Article 7;
In the event that a Buyer has paid for a work by credit card and, due to your failure to comply with your obligations under these Terms of Use for Sellers, has successfully proceeded with the chargeback, we are entitled to (i) block your Account, (ii) settle or make use of any claims against you, to offset the chargeback and any other associated costs, (iii) block any future payments to you, and (iv) initiate legal proceedings against you.

If one or more of these measures are taken, we will notify you by e-mail (via your most recently verified e-mail address), stating why these measures have been taken. In our Help Center, you can find more information on why we may restrict, suspend or terminate access to your Account.

In the event that we decide to permanently restrict access to your Account (i.e. close your Account), we will try to inform you of the reasons for this 30 (thirty) days prior to closing your Account. This notice period of 30 (thirty) days does not apply if:

We are subject to a legal or regulatory obligation that requires us to discontinue the entire Service to you;
We exercise a right of termination for an imperative reason under European and / or national law;
You have repeatedly violated our Terms of Use;

The foregoing does not in any way prevent us from initiating legal proceedings against you.

If your Account is closed or access to your Account is suspended while you still have certain obligations to another User under a Sales Agreement, we have the right to cancel pending transactions. In the event of any outstanding payments in your favor, you will receive the corresponding amount minus the amount of damages we have suffered as a result of your failure to comply with our Terms of Use, to the extent permitted by applicable law, including applicable rules and regulations on economic sanctions.

We are also authorized to impose an immediately payable penalty of € 1,000 (one thousand euros) for any violation of our Terms of Use, including these Terms of Use for Sellers, subject to our right to actual damages. We try to provide a warning before imposing such a sanction. However, in the event of a serious breach, we will impose the sanction without notice. The penalty will increase by 10% (ten percent) for each subsequent violation of our Terms of Use. If possible, we will arrange to settle or resort to any payments (including payments from Buyers to you) to settle this penalty in accordance with our Terms of Use .

Article 8: Internal communication

With Buyers. You can use our internal messaging system to communicate directly with Buyers. This system is a great way to organize the delivery or collection of a Lot or answer any questions from Buyers. You will not use this system for the following activities:
1. Sending unsolicited advertisements or promotions, requests for donations or spam;
2. Insults, harassment or discrimination against other Users;
3. Making a sale agreement with a User outside the ixart.net Online Site, in order to avoid commissions or the Auction Fee.
With us (Customer Experience). If you experience technical problems with our Online Site or are dissatisfied with our Service in any way, our experienced international Customer Experience teams are on hand to assist you in any way possible. We will make every reasonable effort to respond to you in a timely manner when we receive your questions or complaints and, where possible, we will provide you with a solution.
With us (mediation) - exclusively for professional sellers. While we want to resolve any issues you may have with us firsthand, it is important to know that when you are a Professional Seller, you have the option of filing a complaint with an out-of-court dispute resolution body through mediation. We are willing to engage the (i) Center for Effective Dispute Resolution (CEDR) or (ii) e-POM for any disputes that we have not been able to resolve via our internal complaints system (please consult their respective websites for more information).

Article 9: Disputes with other Users

ixart.net requires Users to resolve any disputes between them. ixart.net will do everything reasonably possible to mediate between you and the Buyer. In order to safeguard our rights and obligations under the Terms of Use, any complaints and disputes between you and the Buyer must be reported to us as soon as possible after the issue in question occurred.

Contact ixart.net: you can contact an agent of our dedicated Customer Service team by sending an email via the contact form available in the relevant Help Center article .

If a satisfactory solution cannot be found despite our help, we will act in accordance with Article 14 of our Terms of Use. This includes our right to decide whether to refund a Buyer or make payment to a Seller. However, you are free at any time to assert your rights or to discuss your claims relating to the Sales Agreement directly with the Buyer.

Article 10: ixart.net Inspection

In order to ensure that our Online Site is always safe for all Users, at our sole discretion, we may decide to materially verify the quality (of some) of the work. In the context of such inspection, we may (i) directly or indirectly purchase Lots from you via our Online Auction or (ii) visit your physical premises to inspect the work in person. Based on this inspection, in our sole discretion, we may take appropriate measures, including cancellation of the transaction (for example, when the work does not meet our quality standards or does not comply with our Selling Guidelines). However, it will always be your responsibility to provide works that conform to the description of the work when you submit a work on our Online Site. We cannot be held responsible for the selection, description, conformity or quality of any work, regardless of whether it has been the subject of an inspection .

Article 11: Data

In our Privacy Policy you can find what data we process, how and why we process it, and what your rights are. However, it may also be important to know what data generated by our Service is available to you as a Seller. You can find this information in your Account.