ZirqArt (“we”, “us”, “our”) provides a services for browsing, selling and purchasing original artworks created by Ukrainian artists (“Artworks”) on our website (“Platform”).
Please note that by proceeding, you acknowledge that you have read and agreed to our General Terms of Use [link].
These Seller’s Terms & Conditions (“Agreement”), together with the General Terms of Use and all of ZirqArt’s terms and policies that you may enter into with us, govern your use of ZirqArt’s Platform as a Seller (“you”, “your”). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement or cannot comply with it for any reason, you must not use the Platform.
Throughout this Agreement, words in the singular include the plural and vice versa, and words denoting any gender include all genders, as the context requires.
ZirqArt reserves the right to update or change these Seller’s Terms & Conditions at any time. Any changes will be effective immediately upon posting to the website. We encourage you to review this Agreement periodically for changes. Your continued use of the Platform after the posting of any changes constitutes acceptance of those changes.
1. Account Registration
1.1. In order to list Artworks for sale on the Platform, you must create an account and complete the registration process as a Seller. Please note that you are eligible to register as a Seller only if you are a Ukrainian artist and you are not located: (i) in a country embargoed by the United States, and you are not on any United States government list of prohibited or restricted parties; (ii) in Russia or Belarus; (iii) in territories of Ukraine which are temporarily not under the control of the Ukrainian government or temporarily occupied by Russia.
1.2. Information from your registration form on the Platform (or any portion thereof) might be publicly visible on the Platform to any user
2. Legal Capacity
2.1. By using the Platform and listing Artworks for sale, the Seller affirms that they have the legal capacity to enter into binding contracts under the laws of the jurisdiction in which they reside, but in any case, you must be at least eighteen (18) years old.
3. Listing Artworks
3.1. You may list Artworks for sale on the Platform. By listing Artworks for sale, you represent and warrant that you have the legal right to sell the Artworks.
3.2. You are solely responsible for accurately describing each Artwork you list on the Platform. Please carefully follow our instructions to fill out the special form for listing your Artwork for sale in the correct manner and to ensure that all required details are included.
3.3. ZirqArt may post this information on the Platform or otherwise make it available to users and/or Buyers. We reserve the right, at our sole discretion, to revise, edit, and modify your listing descriptions, as well as to unpublish a listing. We shall not be held responsible to you, buyers, or potential buyers for any revisions, edits, or modifications made to your listing descriptions. You are solely responsible for ensuring the accuracy of each Artwork listed on the Platform.
3.4. ZirqArt shall have the right, in our sole discretion, to market and promote your Artwork on the Platform, our social media, newsletter, or elsewhere.
3.5. By listing Artworks on the Platform, the Seller acknowledges their responsibility to ensure compliance with all relevant international and domestic transportation regulations and to provide accurate and complete documentation for the lawful transportation of their Artworks, including exportation.
3.6. There is no guarantee as to the gross proceeds that may be realized from a listing on the Platform.
3.7. By listing Artworks for sale you confirm that the Artwork is available.
3.8. You should withdraw the Artwork from listing no later than 2 hours after it becomes unavailable. You are responsible for promptly notifying ZirqArt that Artwork has become unavailable on the Platform by emailing us at tatianagold@ukrainianartworks.com.
3.9. You may withdraw the Artwork from listing on the Platform without negative consequences if there are no active transactions (purchases) associated with that specific Artwork. In the other case, we reserve the right to make decisions on a case-by-case basis at our sole discretion.
4. Seller’s Intellectual Property Rights
4.1. As a Seller, you retain all intellectual property rights in your original Artworks that you list on the Platform. By listing Artworks on the Platform, you grant ZirqArt a non-exclusive, royalty-free, perpetual worldwide license to use, display, reproduce, distribute, and sublicense the Artworks solely for the purposes of marketing, promoting, and selling the Artworks or you as an artist, including artworks that have been sold.
4.2. You represent and warrant that you have all necessary rights, licenses, and permissions to list, sell, and distribute the Artworks on the Platform, and that the Artworks do not infringe upon the intellectual property rights of any third party.
5. Pricing
5.1. The Seller is solely responsible for setting the prices of their Artworks. Prices listed on the Platform should be in US dollars. All prices are exclusive of applicable taxes. Any purchases shipped internationally may be subject to further export, import and customs duties or international taxes. If any expenses arise on the side of the seller, you are solely responsible for covering them. These charges might be invoiced directly.
5.2. To list Artworks on the Platform, the Seller agrees to provide ZirqArt with the price at which the Seller is willing to sell the Artwork (“Reserve Price”). However, ZirqArt reserves the right to set a higher price for the Artwork at our discretion (“Purchase Price”). The Seller acknowledges and agrees that ZirqArt may adjust the Reserve Price or set a higher Purchase Price for the Artwork based on market conditions, demand, or other relevant factors. The Seller further agrees to abide by any pricing decisions made by ZirqArt in relation to the listing and sale of their Artworks on the Platform.
5.3. You will only be allowed to decrease the Reserve Price. If you wish to suggest a new Reserve Price, please email us at tatianagold@ukrainianartworks.com.
5.4. If the Artwork is sold at a Purchase Price, the Seller agrees that ZirqArt will receive full difference between the Purchase Price and the Reserve Price, in addition to any applicable commissions.
6. Commission
6.1. The Seller agrees that ZirqArt will deduct a commission of 18 (eighteen) % from the Reserve Price of each Artwork sold.
7. Payments
7.1. You will receive an order confirmation once the Buyer has successfully submitted a full payment for Artwork. Payment is securely held by ZirqArt in trust until confirmation of delivery and expiration of the Return Deadline as stipulated in ZirqArt’s current Return Policy [link], provided there are no return requests in process.
7.2. ZirqArt accepts payments through Visa, Mastercard, and PayPal. As a Seller, it is your responsibility to ensure that you are able to receive payments from us via at least one of these methods in US dollars. ZirqArt reserves the right to add or remove accepted payment methods at its discretion without prior notice.
7.3. ZirqArt will proceed with your payment within 3 business days from the Return Terms expiration date, provided there are no return requests in process. Please note that it may take some extra time before your payment is officially posted by your credit card company or digital payment platform.
7.4. Regardless of whether the Artwork is sold for the Reserve Price or the Purchase Price, you will receive the entire Reserve Price set for the Artwork, excluding: (i) any commission owed to ZirqArt, and (ii) any taxes and/or duties that ZirqArt is required to collect and remit upon the sale of the Artwork on the Platform.
7.5. You are solely responsible for paying any taxes and/or duties applicable to you as the seller of the Artwork, as well as for credit card company or digital payment platform commissions and fees incurred in relation to payments. These expenses are non-refundable.
8. Shipping
8.1. You agree to fulfill all orders placed by Buyers and confirmed by ZirqArt in a timely manner.
8.2. You must proceed with a shipment within 3 business days of receiving an order confirmation. As soon as the Artwork is sent, you must promptly inform us that the shipping process has commenced and provide scanned copies of shipping carrier (mail service) receipts and parcel tracking numbers by emailing at tatianagold@ukrainianartworks.com. In the other case, the order may be canceled, and no expenses incurred by you will be compensated.
8.3. You must independently and at your own expense prepare all necessary accompanying documents, including those related to the rules and regulations governing the transportation of fine art from your place of residence. This includes, but is not limited to customs declarations, certificates of authenticity, export permits, or any other documentation required by law for the lawful transportation of Artworks, including their legal exportation (if required). These expenses are non-
refundable.
8.4. All outgoing shipping costs, including transport, restocking, handling fees, duties, and shipping insurance, must be covered by you. However, if the Buyer returns the Artwork without any reason (i.e., the return is not related to a defect in quality), the Seller’s outgoing shipping costs will be refunded. In the event that the return of Artwork is related to a defect in quality, outgoing shipping costs are non-refundable.
8.5. ZirqArt will accept no liability for damage to Artworks in transit from you to Buyer. It is solely your responsibility to ensure that you package your Artworks sufficiently and ship them via insured and trackable shipping carrier (mail service). You acknowledge that any postage or shipping guidance provided by ZirqArt in the form of help
articles or support correspondence comes with no guarantee of safe transit if followed.
If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.
8.6. ZirqArt will accept no liability for Artworks lost in transit on their way to your Buyer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and we reserves the right to issue a full and immediate refund to the Buyer on notice of non-delivery within the estimated timeframe.
8.7. The Seller must track the delivery and is responsible for promptly notifying ZirqArt of the Buyer’s receipt of the Artwork by emailing us at tatianagold@ukrainianartworks.com within 24 hours of delivery. If the Seller fails to do so, we reserve the right to make decisions regarding the Buyer’s return of the Artwork or the processing of your payment on a case-by-case basis at our sole discretion.
9. Returns and Refunds
9.1. By listing an Artworks for sale, you agree to abide by the terms of our Return Policy [link].9.2. In the event of the return, you should thoroughly inspect the parcel for any signs of damage or discrepancies upon delivery. The Seller is responsible for promptly notifying ZirqArt of receipt of the returned Artwork by emailing us at tatianagold@ukrainianartworks.com within 24 hours of delivery. In the other case, we may issue a refund to the Buyer.
9.3. If Artwork arrives with damage that was not described or photographed in the listing or return request, you should notify us promptly by emailing at tatianagold@ukrainianartworks.com and fully complied with the shipping carrier’s (mail service’s) damage notification procedure.
9.4. ZirqArt accepts no liability for Artworks lost in transit on their return way to the Seller. However, if you do not receive the return within the estimated timeframe, please notify us promptly by emailing at tatianagold@ukrainianartworks.com. Upon notice of non-delivery, ZirqArt will investigate the matter and may decide to proceed with your payment. Such a decision is made individually at our sole discretion.
9.5. If a return of the order is due to a defect in quality caused by you, you must promptly reimburse us, upon request, for any loss, liability (whether to the buyer or anyone else), return shipping costs, or expenses (including legal fees) incurred by us or the buyer as a result of such return.
10. Liability
10.1. In the event of your breach or alleged breach of this Agreement or other misuse of the Platform by you under this Agreement, you:
– must promptly reimburse us, upon request, for any loss, liability (whether to the buyer or anyone else), or any expenses (including legal fees) incurred by us as a result of your behavior;
– ZirqArt reserves the right to terminate any further cooperation with you.