Terms and Conditions


Introduction

StyleArt ("StyleArt" or "We") empowers the world's artists to earn money from their artwork by making it available for sale as a variety of fashionable products. Everyone who visits our webpage should respect the intellectual property rights of all the works you see or buy on StyleArt. StyleArt itself does not guarantee any intelectual rights for its artists. Please be aware that when you post your work on StyleArt, it will be publicly available for the world to see or buy as a product. It is under your responsability to asure that you are not violating anyone‘s rights or breaking laws by sharing and offering your work for sale. StyleArt provides a range of services (the "StyleArt Services") which enable you to publish, sell, comment on, promote, and purchase artwork and art-related products (collectively, "Products") through StyleArt (the "Site") and receive the benefits of StyleArt's Product production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer support.

Please read these terms of service (the "Services Agreement") and StyleArt's Privacy Policy (the "Privacy Policy") carefully. Before you may post content or use or sell Products through the StyleArt Services, you must agree to the General Terms, Services Agreement and the Privacy Policy. These policies are a legal agreement between you and StyleArt. Creating a StyleArt account or purchasing products through the StyleArt services indicates that you agree to all of the terms and conditions, and all other rules, policies and procedures relating to the StyleArt services.

LEGAL PARTIES

Legal Agreement

All visitors (“user”, “you”, “your”) to the StyleArt website at www.styleart.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and Everton Trade Ltd company ( “StyleArt”, “we”, “us”, “our” refer to Everton Trade) and use of this website indicates continued acceptance of this agreement.

"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 14 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to obligate such legal entity. If you do not meet these requirements or do not agree to these terms or the privacy policy you may not create an account or use the StyleArt services.

Our service

StyleArt provides a range of services (the “StyleArt service”) which, amongst other things, enable you to publish, sell, discuss,purchase art and receive the benefits of StyleArt facilitation of product fulfilment, including payment processing, customer services and third party product manufacturing and shipping.

The digital content on the website (“content”) may be information, text, data, graphics,images, photo-graphs, sound, video, music or any other material posted online by members. Any content that you upload into the portfolio section of your account is described as“art”.Your art may be viewed by all users of the website once you elect to publish it. You may order a physical product based on your own art or you may offer your artwork for sale. If you or a customer decide to place an order, then StyleArt will forward your instructions to third parties that will manufacture and ship the physical product in the form specified by you or the customer.

Members

You can become a registered member (“member”or “user”) of the website by setting up a password pro-tected account. You will be required to select a username and password when registering. You must be-come a member before placing any content on the website, including writing any comments or reviews. In its sole discretion, StyleArt may refuse any user name that it decides is inappropriate or refuse any person from becoming a member.

Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the website or in the course of delivering the StyleArt service. We care about your privacy and you can read our privacy policy if you would like to know how we protect your personal information.

ACCOUNT INFORMATION

Registration

You must create a StyleArt account in order to be able to list your artworks or to buy any of other users art. When creating a user account, you must provide accurate and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person's StyleArt account. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify StyleArt immediately of any breach of security or unauthorized use of your account. Although StyleArt will not be liable for your losses caused by any unauthorized use of your account. We reserve the right to require you to change your password if we believe your password is no longer secure. StyleArt reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.

Account information disclosure

You acknowledge and agree that StyleArt may access, retain and disclose your account information and your profile Content if required to do so by law or in a good faith belief that such access, retention or dis-closure is reasonably necessary to: comply with legal process; enforce these Terms; respond to your requests for customer service; or protect the rights, property or personal safety of StyleArt, its users or the public.

Passwords

You are responsible for actions made on the website using your password, including any products pur-chased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or someone else.You agree that you will not disclose your password to any other person. If you suspect someone else knows your password, you must change it immediately.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into Privacy Policy section, for information about how we collect and use personal information.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We seek to protect such information, however we do not guarantee and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

PURCHASING, DELIVERY AND RETURNS

Purchasing a Product on StyleArt

Users can purchase products on the StyleArt website using the credit cards: Visa, Mastercard, Maestro or using PayPal.

You do not have to be a member to purchase a product.

The price you pay is fixed at the time of ordering.

You may cancel an order once it has been submitted but not later than it is shipped.

It is the customer’s responsibility to ensure the product delivery address is correct. StyleArt takes no re-sponsibility for any product a customer does not receive because of errors in the delivery address given to us.

We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.

Delivery

Delivery will be facilitated pursuant to your instructions by postal or courier service and will be paid for by the customer at the price indicated at the time of purchase. StyleArt will include shipping charges which will vary depending upon the size and price of the product. Delivery times depend on the location of the shipment destination. Orders within Europe are usually received within 5-10 business days, US – 10-15 business days, rest of the world – 15-20 business days.

Damaged Goods

If a product is delivered to a customer that is physically damaged in some way (for example, a framed print has cracked) StyleArt will happily contact the manufacturer or seller to issue a replacement copy of the product after receiving reasonable proof of that damage. If you receive a damaged product, then you must email StyleArt customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to you at no cost to you, except the shipping costs. Please be aware that publishing to the website is at the artist discretion and we do not screen all of the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.

Returns

All products purchased on styleart.com website could be returned within 14 business days. Our return address:
Antano Tumeno 4-54
Vilnius
01109
Lithuania

Refunds

We will issue 100% refund including shipping costs once we receive the returned goods. Refunds are also available if customer did not receives the goods within 30 days after shipment.

SPECIFIC WARNINGS

You must take your own precautions to ensure that the process that you employ for accessing this website and the StyleArt service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them from acting under false pretences or in a manner that infringes the rights of any person.

Reporting inappropriate content to StyleArt

StyleArt does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement. Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that vilifies any person, people, races, religion, is obscene, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive or otherwise objectionable. StyleArt reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by contacting the customer support.If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint.

Disclaimer

We do not represent or guarantee that the StyleArt service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not grant that access to the StyleArt service or these websites will be uninterrupted.

You acknowledge that the StyleArt service or this website may be affected by faults or delays. Such in-teruptions may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  • 1. if the breach relates to goods:
    • the replacement of the goods or the supply of equivalent goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  • 2. if the breach relates to services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again

StyleArt reserves the right to prescreen your Content (but has no obligation to do so), to review and remove your Content from the Site, to suspend your account, and to cancel the StyleArt Services provided to you at any time in its sole discretion. StyleArt has a zero tolerance policy for intellectual property infringement. If you submit Content or offer Products for sale that StyleArt, in its sole discretion, believes may infringe another party’s intellectual property rights, StyleArt may immediately terminate your account.

CONTENT, COPYRIGHT AND INTELLECTUAL PROPERTY POLICIES

Offering artworks for sale

Any member may offer their art for sale on the website by appointing StyleArt to facilitate the transaction on the terms set out in the Services Agreement. By agreeing to the terms of this user agreement you expressly agree to the terms of the Services Agreement, which will apply from the date on which you offer your first art for sale and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.

Content

You understand that all information, images, pictures, data, text, music, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, or offered for sale through the StyleArt‘s Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.

You understand that you will be exposed to Content and may purchase Products from a variety of StyleArt users and that you rely on the Content and purchase Products at your own risk. StyleArt does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through StyleArt Services, including without limitation, their accuracy, usefulness, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person.

Your Content

As between you and StyleArt, you own all and retain all rights in your artwork Content. You hereby grant StyleArt and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with the right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format for the purpose of promoting your Content, producing and promoting your Products, and providing the other StyleArt Services to you.

You, and not StyleArt, are entirely responsible for all your content that you make available and all products you offer for sale throug the StyleArt services, including without limitation, that you are owning or having obtained all required intellerctual property and other rights in your content, including without limitation, the right to manufacture, distribute and sell products that include your content.

By using StyleArt‘s Services you represent and warrant that:

  • 1. you own all intellectual property rights in your Content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Content available through the StyleArt Services, to manufacture, distribute and sell Products that include your Content and to grant StyleArt the rights granted to it in these Terms;
  • 2. your Content and the manufacture, distribution and sale of Products that include your Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, trademark, patent, right of publicity or right of privacy;
  • 3. you will review and comply with these Terms, Services Agreement and the Privacy Policy, all other rules, policies and procedures that StyleArt may publish from time to time and all applicable laws, rules and regulations;
  • 4. your Content does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • 5. your Content is accurate, is not misleading or deceptive and does not offer or disseminate fraudulent goods, products, or services.
  • a. You grant StyleArt a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.

StyleArt reserves the right to prescreen your Content (but has no obligation to do so), to review and remove your Content from the Site, to suspend your account, and to cancel the StyleArt Services provided to you at any time in its sole discretion. StyleArt has a zero tolerance policy for intellectual property infringement. If you submit Content or offer Products for sale that StyleArt, in its sole discretion, believes may infringe another party’s intellectual property rights, StyleArt may immediately terminate your account.

SERVICES AGREEMENT

  • i. StyleArt Services
  • a. StyleArt, acting as independent contractor under your instructions will market to and take orders from customers for the purchase of your artwork products over the website and on instruction from you, Everton trade will arrange for third parties to fulfil those orders by facilitating payment for, manufacture of and delivery of your products (“Services”).
  • b. StyleArt will provide the Services pursuant to this agreement until termination in accordance with its terms.
  • c. You agree that StyleArt is free to act in any capacity for any other person interested in obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
  • ii. Content license and Stylart duty
  • a. You grant StyleArt a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
  • b. You hereby instruct Everton trade to facilitate payment, manufacture and shipping in respect of orders for your product(s) via the website and Everton trade will facilitate such payment, manufacture and shipping in accordance with reasonable business practices.
  • iii. Sale of your artwork
  • a. The retail price charged to customers who purchase your product is made up of the manufacturing fee, StyleArt’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and StyleArt’s fee are referred to collectively, and inclusive of tax), your creator margin (“your margin”), and any relevant tax (such as Sales Tax, GST, VAT). Shipping charges will also be added to the final price. When making each individual work available for sale you are able to select any percentage markup you wish (10-100% of the originam manufacturing price), above the base amount but below the automated upper limit set by StyleArt. The percentage markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.
  • b. You may change the percentage markup on top of the base amount at any time by changing your selection on the website. We may change the base amount at any time without specific notice to you and this will affect the dollar value of your margin (e.g. if we increase our base amount, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.
  • c. StyleArt will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.
  • d. You agree that StyleArt makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
  • iv. Payment rules
  • a. You authorize StyleArt to collect, hold and distribute the retail price and shipping charges (“sale proceeds”) from customers on the terms set out in this clause (iii).
  • b. You authorize Everton trade to deduct the base amount and the shipping charges from the sales proceeds for your products before distributing your margin, and tax where relevant, to you.
  • c. We will initiate a PayPal before the 7th day of the month for sales made in the previous month.
  • d. If your earnings for the month in the applicable currency are less than 20 United States of America Dollars (hereafter 'US$'), 15 Euros, 13 British Pounds, then Everton trade reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least the above mentioned amount.
  • e. It is your responsibility to ensure StyleArt has current details of your up-to-date postal adress and Paypal information. StyleArt will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date.
  • v. Taxes for each party
  • a. Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include sales tax, VAT, GST and other transactional taxes.
  • b. You will indicate to us on the website whether you are registered for Goods and Services Tax (GST) or similar taxes. If you are required to add GST to your products, that amount will be added to the price charged to the customer. We will collect that amount on your behalf and distribute it to you with your margin using the payment method you have selected on the website.
  • c. If you are a resident of the UK or EU, StyleArt will collect and remit to HMRC VAT on your behalf on the artist margin portion of your sales at a rate of 20% for all sales of goods manufactured in the UK or EU and sold in the UK or EU. Any and all VAT reporting and remittance responsibilities by you to relevant tax authorities, in excess of this withholding are entirely your responsibility.
  • d. For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
  • vi. Compensation
  • a. You hereby indemnify and will keep StyleArt indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Services Agreement or arising out of your wilful act, neglect or default in the performance of such obligations.
  • vii. Time limits of this agreement
  • a. You can give the notice of termination of this Services Agreement by closing your account.
  • b. StyleArt may give the notice of termination of this Services Agreement by writing to you at any time.
  • c. After the notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.