Terms of use
Seller Terms and Conditions
The tools and services
available from this site to you, the user, are conditioned upon your acceptance of all
terms, conditions, policies and notices stated here by us(Yunnan Tuyang Import and Export Trade Co., Ltd.)
1.OVERVIEW
1.1. What are these Terms about?
These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork (Artwork) owned by a person registered with Art Discovery Ltd (Yunnan Tuyang Import and Export Trading Co., Ltd, we, us, our) under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.Yunnan Tuyang Import and Export Trading Co., Ltd.com (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.
Each contract for the sale of Yunnan Tuyang Import and Export Trading Co., Ltd by you (Contract) shall be concluded in accordance with Clause 22.4 of the Terms and Conditions of Use (Terms of Use), the current version of which, as amended from time to time in accordance with those Terms of Use, shall form part of these Terms. When you display Yunnan Tuyang Import and Export Trading Co., Ltd for sale on our Platform you will be offering to sell these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Yunnan Tuyang Import and Export Trading Co., Ltd in accordance with the Clause 1.4 of these Terms.
1.2. You appoint us as your commercial agent
You hereby authorise us to act as your commercial agent to promote your Artwork(s) for sale to Customers via the Platform (but we are not obliged to find you Customers), to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform as specified in Clause 22.4 of the Terms of Use and to accept payment on your behalf via the Platform in accordance with the Terms of Use. Each such Contract is between you and the Customer only. We are not a party to that Contract and we are neither the buyer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales. The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement (which may also display the Seller’s name). You must dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.
Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.
1.3. By which laws are these Terms governed?
These Terms are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of England and Wales with respect to your relationship with Yunnan Tuyang Import and Export Trading Co., Ltd.
It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.
2. CONTENT AND ELIGIBILITY
2.1. What requirements must I meet to be eligible to sell on the Platform?
You must be over 18 years of age to become a Seller on the Yunnan Tuyang Import and Export Trading Co., Ltd Platform. By accepting these Terms you represent and warrant that you at least 18 years of age.
You additionally warrant that all information you provide to Yunnan Tuyang Import and Export Trading Co., Ltd, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.
2.2 Must I be the creator of the Yunnan Tuyang Import and Export Trading Co., Ltd I upload?
You warrant that you are the creator and sole and exclusive owner of all Yunnan Tuyang Import and Export Trading Co., Ltd displayed on Yunnan Tuyang Import and Export Trading Co., Ltd or are consignor of such Yunnan Tuyang Import and Export Trading Co., Ltd as directly authorised by their creator.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Yunnan Tuyang Import and Export Trading Co., Ltd on the Platform.
2.3. What restrictions apply to the Yunnan Tuyang Import and Export Trading Co., Ltd I may sell on the Platform?
All Yunnan Tuyang Import and Export Trading Co., Ltd represented for sale on Yunnan Tuyang Import and Export Trading Co., Ltd must be one-of-a-kind or limited edition original Yunnan Tuyang Import and Export Trading Co., Ltd with a maximum edition size of 150. All Yunnan Tuyang Import and Export Trading Co., Ltd must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
3. YOUR OBLIGATIONS
3.1. Am I responsible for inaccuracies in my Artwork Listings?
It is your responsibility to ensure that all Listings submitted to the Platform represent the Yunnan Tuyang Import and Export Trading Co., Ltd offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, Yunnan Tuyang Import and Export Trading Co., Ltd reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.
3.2. Am I responsible for fulfilling orders placed for Yunnan Tuyang Import and Export Trading Co., Ltd I upload for sale?
It is your sole responsibility to arrange the packaging and shipment of Yunnan Tuyang Import and Export Trading Co., Ltd for delivery to any Customers introduced to you through the Platform. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. Yunnan Tuyang Import and Export Trading Co., Ltd will not be liable for any losses incurred as a result of inaccurately quoted rates.
Yunnan Tuyang Import and Export Trading Co., Ltd must be packaged and shipped in accordance with Yunnan Tuyang Import and Export Trading Co., Ltd’s Packaging and Delivery Guidelines
and the timeframe specified on your Shipping Details page. Where these requirements are not met, Yunnan Tuyang Import and Export Trading Co., Ltd reserves the right to debit any costs associated with resulting Customer return or cancellation requests from Net Sale Proceeds. Yunnan Tuyang Import and Export Trading Co., Ltd reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the timeframe specified on your Shipping Details page.
It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to include any required documentation or invoices within packages shipped.
4. Yunnan Tuyang Import and Export Trading Co., Ltd’S OBLIGATIONS
4.1. How will I be notified of orders placed for my Yunnan Tuyang Import and Export Trading Co., Ltd through Yunnan Tuyang Import and Export Trading Co., Ltd?
When an order has been placed for one of your Yunnan Tuyang Import and Export Trading Co., Ltd you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You are also able to view outstanding and completed orders from your Orders page in your Seller Dashboard.
5. RETURNS AND DISPUTES
5.1. Who is liable for the cost of return shipment of Yunnan Tuyang Import and Export Trading Co., Ltd under Yunnan Tuyang Import and Export Trading Co., Ltd’s return policy?
Yunnan Tuyang Import and Export Trading Co., Ltd will pay for the return by courier to your nominated returns address of any Yunnan Tuyang Import and Export Trading Co., Ltd returned under Yunnan Tuyang Import and Export Trading Co., Ltd’s Customer Returns Policy where the stated reason for the return is that the Customer changed their mind.
If any other reason is provided for the return, Yunnan Tuyang Import and Export Trading Co., Ltd reserves the right to investigate, should it reasonably be believed that the return was a result of your breach of either Seller Best Practice Guidelines or Packaging and Delivery Guidelines.
5.2. Who is liable for the cost of Yunnan Tuyang Import and Export Trading Co., Ltd ordered through the Platform lost in transit?
Yunnan Tuyang Import and Export Trading Co., Ltd will accept no liability for Yunnan Tuyang Import and Export Trading Co., Ltd lost in transit on their way to your Customer. If you do not send your Yunnan Tuyang Import and Export Trading Co., Ltd via a traceable method of shipment, you do so at your own risk and Yunnan Tuyang Import and Export Trading Co., Ltd reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.