1 - Purpose and Scope of the General Terms and Conditions of Sale (GTCS)

The purpose of the WeArt website is to present artworks by artists (hereinafter "sellers") to the website users (potential "buyers"), and to provide them with the opportunity to discover and purchase artworks directly from the seller online. These general terms and conditions of sale are intended to define the terms and conditions for online sale of items available on the site and describe the rights and obligations of each party in such relationships. Sales made through the site are defined as direct transactions between the buyer and the seller.  WeArt is a mediator that connects sellers and buyers. Therefore, WeArt is not a party to the contract, which is agreed solely between the buyer and the seller, who is the only party obligated by the duties arising from the sale.

 

2 - Acceptance

Unconditional acceptance of all general terms and conditions of sale is mandatory for concluding a sales agreement by both the seller and the buyer. Acceptance is confirmed by checking a box in the item order form.

 

3 - Order

Items are offered for sale on the seller's site, subject to their availability. Each item is accompanied by a detailed description, including its structure, dimensions, weight, and type.

To order an item, the buyer must select the desired item, add it to the shopping cart, and enter the required personal information to complete the order (or log in if they have an existing user account). Before completing the order, the buyer must review the information in the order summary, correct any errors, and review the shipping costs. Payment is charged upon completion of the purchase, and WeArt will confirm availability within 48 hours. If the item is no longer available, the buyer will be notified within 48 hours, the order will be canceled, and a refund will be issued.

Specific Cases of Customization Requests

A "customization" request is defined as a change requested by the customer that alters the initial characteristics of the item (size, material, appearance) listed in the product sheet. If the item is subject to a customization request, the seller will provide a quote to the buyer and await approval before producing the item. The quote includes an estimated delivery date for the customized item. If WeArt confirms receipt of payment within 3 business days of sending the quote, the sale is considered subject to the general terms and conditions of sale. If WeArt does not confirm the order by receiving payment within 3 business days, the order is canceled.

 

4 - Sale Price and Payment Terms

The sale price of an item on the site will be in the currency displayed on the site and does not include all taxes, shipping, and packaging fees, if any. Shipping and packaging costs depend on the type of item, its dimensions, weight, and shipping location. Payment of the item price by the buyer to the seller is made through WeArt's available payment services: PayPal, credit card, or bank transfer. Transfer of ownership occurs once full payment is made. Failure to pay the full price automatically cancels the sale, and the item is returned for sale on the WeArt site.

 

5 - Item Shipping

Item shipping is done to the address provided in the order summary form during business hours and according to the procedures set by the selected transport company. The buyer must be familiar with the procedures and schedules of the various transport services. Shipping duties, including meeting deadlines, quality of packaging, and item compliance, are solely the buyer's responsibility. WeArt will not be liable for any non-compliance by the buyer, who can file a complaint against the transport service provider. The buyer must check the condition of the item upon receipt and notify WeArt in writing within 48 hours of any objection/problem/defect he has identified in the artwork, which he will pass on to the seller.

 

6 - Right of Cancellation

The buyer has a period of 14 days from the date of receipt of the item to exercise their right of cancellation without any cost or reason (except if the item has been customized). If the item has been customized, the buyer cannot exercise the right of cancellation. The buyer can exercise the right of cancellation by sending an email to support@we-artonline.com. WeArt will handle the cancellation and process the refund within 14 days from the date of receipt of the cancellation notice. The refund applies to the item price and return shipping costs. Returned items that are damaged or stained by the buyer will not be accepted or refunded, at WeArt's sole discretion.

 

7 - Legal Warranty

The seller commits to honoring and implementing the buyer's legal warranties, including the warranty of non-compliance and the warranty against hidden defects.

 

8 - Force Majeure

In the event of a force majeure event, the contract's performance may be suspended or, if completed, result in the sale's cancellation. The party invoking force majeure must immediately notify the other party and inform them of its cessation.

 

9 - Intellectual Property

The seller guarantees that they are the creator of the item and that it does not infringe any laws, regulations, or third-party rights. The seller commits to defending WeArt and the buyer in case of third-party action concerning the item. In the sale, the seller transfers to the buyer the material infrastructure of the item but retains moral rights and rights regarding its representation and reproduction.

 

10 - Data Protection

WeArt collects and retains the buyer's and seller's personal data to ensure the correct execution of these terms. Users have the right to access, modify, correct, and delete their personal data processed through the site and to object to its communication to third parties for justified reasons by sending a request to support@we-artonline.com. The seller's personal data will be destroyed no later than six months after account cancellation. WeArt reserves the right to retain certain data to justify contractual or legal obligations. WeArt is committed to taking all necessary measures to best protect the confidentiality of the information provided by the seller and buyer.

 

11 - Jurisdiction

Any dispute regarding the validity, interpretation, or execution of these general terms and conditions of sale will be brought before the courts in Tel Aviv.