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TERMS AND CONDITIONS

The following general terms and conditions ("Terms and Conditions") govern your use of the Site. By accessing the Site, browsing its sections, sharing its content, using our Services, selling or buying Artworks, you fully accept and agree to be bound by these Terms and Conditions and our Privacy Policy, as they represent a legal agreement between you (the “User”) and Rose & Art Co. (the “Site”). If you do not agree with these Terms and Conditions and our Privacy Policy, you should not access the Site nor use our Services.

1. DEFINITIONS​​

Site

Always refers to the platform accessible at www.roseandartco.com and all additional domain extensions redirecting to the main domain name, whether accessed through mobile or desktop.

Services

The activity of the platform which allows the connection between Sellers and Buyers through an online marketplace specialized in Urban Contemporary Art and which acts as an intermediary to enable the sale and purchase of Original Artworks online.

Contract of use

The contract which is concluded between you and  when you agree with our Terms and Conditions and our Privacy Policy, and make the use of the Site and the Services.

Sales Contract

The contract concluded between you and Rose & Art Co. when you agree to these Terms and Conditions and the Privacy Policy and use the Site and the Services.

Contract Documentation

All documents governing the use of the Site, including the Terms and Conditions, Privacy Policy, Cookie Policy, and the Sales Contract concluded between a Buyer and a Seller.

User

Any person who accesses the Site, with or without an account, who has agreed to these Terms and Conditions and browses the Site for any purpose.

Buyer

A User (art lover), with or without an account, who has made or is about to make a purchase on the Site from a Seller through an online payment.

Seller

A User (artist or gallery) with an account on Rose & Art Co. authorized to list and sell Artworks on the Site. Independent artists must have created the Original Artworks themselves, and galleries must have the right to sell the Artworks they list.

Artwork

A piece of art listed by a Seller on the Site and available for sale. Categories include paintings, drawings, prints, photographs, and custom objects.

Original

An Artwork considered to be one-of-a-kind or a limited edition with a maximum edition size for prints and photographs. All Artworks on the Site are Originals, signed by the artist or their authorized gallery and accompanied by a certificate of authenticity.

2. THE SERVICES

Rose & Art Co. is an online marketplace dedicated to Urban Contemporary Art that allows Sellers to list Artworks and Buyers to purchase them through www.roseandartco.com.

Rose & Art Co. acts solely as an intermediary between Sellers and Buyers and is not a reseller of Artworks. A Sales Contract is concluded directly between the Buyer and the Seller. Rose & Art Co. provides the Site, facilitates payment processing, and organizes shipping on behalf of Sellers. Rose & Art Co. may also provide art advisory services and facilitate commissions for custom Artworks.

All transactions conducted through the Site are domestic U.S. transactions.

3. TERMS AND CONDITIONS OF USE

Eligibility

The Site and Services are available only to Users who are at least 18 years of age and legally capable of entering into contracts under applicable U.S. law.

Account registration

Users may be required to create an account to access certain Services. Sellers must complete an application and be approved before listing Artworks. Buyers must create an account to complete a purchase. Users are responsible for maintaining accurate and up-to-date information.

Account termination

Rose & Art Co. reserves the right to suspend or terminate accounts at its discretion. Users may request account closure by emailing roseandartco.us@yahoo.com from their registered email address.

Personal data

Personal data is collected and processed in accordance with applicable U.S. privacy laws and Rose & Art Co.’s Privacy Policy.

Cookies

Cookies are used to improve user experience. Details are available in the Cookie Policy.

Prohibited uses

By accepting our Terms and Conditions and using the Site, you agree not to download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from any element of the Site for commercial use and neither exploit any kind of content, software, code, data or materials, unless you have received the express prior written permission from Rose & Art Co. or the applicable rights holder. You are also not authorized to publish any kind of content (texts, images, graphics, music, videos, etc.) that can infringe a third party's property right; that can violate any applicable law or regulation; that is fraudulent or deceptive; that is defamatory, pornographic or offensive, that promotes discrimination, hatred or racism and that is violent or threatening.

If you make another use of the Site and the Services or do not respect any of the above prohibitions, you may violate our copyright policy and may be subject to liability for such unauthorized use. Rose & Art Co. will have the right to investigate and prosecute violations to the fullest extent of the law, including the seeking of criminal prosecution and will be able to remove or disable access to any Buyer or Seller, at any time.

4. TERMS AND CONDITIONS OF SALE

Rose & Art Co. - Seller of Record

Rose & Art Co. (“Rose & Art Co.”, “we”, “us”) is an online art retailer headquartered in San Diego, California. Rose & Art Co. acts as the Seller of Record for all Artworks sold through the website (the “Site”).

Artists and galleries (“Artists”) consign or license their Artworks to Rose & Art Co. for resale. When an Artwork is purchased through the Site, the sales contract is concluded directly between the Buyer and Rose & Art Co., not between the Buyer and the Artist.

Rose & Art Co. is solely responsible for:

  • Listing and pricing Artworks

  • Collecting payment from Buyers

  • Charging and remitting applicable sales tax

  • Organizing shipping and delivery

  • Handling returns and refunds in accordance with these Terms

Artists are independent contractors and are not employees, partners, or agents of Rose & Art Co.

The Sale of Artworks

Each Artwork displayed on the Site has a dedicated page including a description, images, and a purchase price inclusive of applicable California sales tax (when required by law) but exclusive of shipping and delivery costs.

A sale is considered complete when:

  1. The Buyer places an order through the Site;

  2. Payment is successfully processed; and

  3. Rose & Art Co. issues an order confirmation.

All Artworks are subject to availability. If an Artwork is unavailable for any reason, Rose & Art Co. reserves the right to cancel the order and issue a full refund.

Artist Commission & Compensation

For each Artwork sold:

  • Rose & Art Co. retains a 25% commission of the net selling price (excluding shipping costs).

  • The Artist receives 75% of the net selling price.

Payments to Artists are processed through Rose & Art Co.’s designated payment provider and are subject to:

  • Successful delivery of the Artwork;

  • Expiration of any applicable return or withdrawal period; and

  • Receipt of all required tax and identity documentation from the Artist.

Artists are solely responsible for reporting and paying any income taxes related to commissions received.

Artist Representations and Warranties

By submitting Artworks to Rose & Art Co., Artists represent and warrant that:

  • They are the creator of the Artwork or have full legal authority to sell it;

  • All Artworks are original works or limited editions as disclosed;

  • The Artwork does not infringe any third-party intellectual property rights;

  • All information provided is accurate and complete.

Rose & Art Co. reserves the right to reject, edit, remove, or discount any Artwork at its sole discretion, including for marketing or promotional purposes (with a maximum discount of 15%).

Buyer Obligations

To purchase an Artwork, Buyers must:

  • Create an account on the Site;

  • Provide accurate billing and shipping information;

  • Pay the full purchase price, shipping fees, and any applicable taxes.

Buyers acknowledge that international shipments may incur customs duties or import taxes, which remain the Buyer’s sole responsibility.

Right of Withdrawal and Returns

In accordance with California consumer protection laws and applicable federal regulations:

  • Buyers may return eligible Artworks within 14 days of delivery, without providing a reason.

  • Returned Artworks must be in original condition and packaging.

  • Refunds will be issued within 14 days after receipt of the returned Artwork.

Custom-made or commissioned Artworks are non-returnable, unless defective or materially non-conforming.

Return shipping costs are the responsibility of the Buyer unless the Artwork is damaged or misrepresented.

Selling price and payment

The selling price indicated for each Artwork is determined by the Seller, it already includes VAT but does not include shipping costs that can only be determined during the purchasing process nor any possible additional taxes such as custom duties or import taxes. As a Buyer, you therefore acknowledge that in addition to the selling price displayed on the Site and depending on your delivery address, you will be liable to pay for the shipping costs that will be calculated during the checkout process but also fully responsible to pay for all kind of additional taxes that must be payable upon receipt. We strongly recommend you to check with your local authorities before proceeding with the checkout.

Rose & Art Co. is authorized by the Seller to handle the payment which has to be fully paid through the payment service provider of Rose & Art Co. and in using a debit or credit card such as American Express, Visa or Mastercard. On one hand, the Buyer is invited to complete the credit or debit card information directly on the Site and this information will then be processed by Rose & Art Co.’s payment service provider. On the other hand, the Seller must have an account with Rose & Art Co.’s payment service provider to be able to receive payments from Buyers. The terms and conditions of the payment service provider (Stripe) are therefore also applicable and must be accepted by Users. The listed Selling Price does not include the costs related to the payment processing, as these can only be calculated from the total Price of the order, they are covered by the Seller and Rose & Art Co. by being equally shared between both parties. Ownership of an Artwork will be transferred to the Buyer as soon as the final price has been paid to Rose & Art Co. in cleared funds.

Shipping and delivery

Rose & Art Co. arranges shipping through its logistics partners. Shipping costs vary based on size, weight, destination, and insurance requirements.

Risk of loss transfers to the Buyer upon confirmed delivery to the provided address.

Artists are responsible for properly packing Artworks according to Rose & Art Co.’s guidelines.

Pricing, Taxes, and Payments

Rose & Art Co. collects and remits California sales tax and other applicable state or local taxes as required by law.

Artists acknowledge that:

  • Rose & Art Co. is the Seller of Record for tax purposes;

  • They may be required to provide W-9 or other tax documentation;

  • They remain responsible for their own income and self-employment taxes.

5. LIMITATION OF LIABILITY

To the maximum extent permitted by California law, Rose & Art Co. shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of the Site or the purchase of Artworks.

Our total liability shall not exceed the total amount paid by the Buyer for the relevant Artwork.

Some jurisdictions do not allow certain limitations, so these limitations apply only to the extent permitted by law.

6. INDEMNIFICATION

Users agree to indemnify and hold harmless Rose & Art Co. from any claims, damages, or expenses arising from:

  • Breach of these Terms;

  • Violation of any law or third-party rights;

  • Submission of infringing or unlawful content or Artworks.

7. INTELLECTUAL PROPERTY

Artists retain full copyright in their Artworks.

By submitting content, Artists grant Rose & Art Co. a worldwide, royalty-free, non-exclusive license to use images and descriptions for marketing, sales, and promotional purposes.

Buyers acquire ownership of the physical Artwork only and do not acquire reproduction or commercial rights.

8. GOVERNING LAW AND JURISDICTIONLAW

These Terms and Conditions are governed by the laws of the State of California, without regard to conflict of law principles.

All disputes shall be resolved exclusively in the state or federal courts located in San Diego County, California.

9. GENERAL

If any provision is found unenforceable, the remaining provisions remain in effect.
These Terms constitute the entire agreement between the parties and supersede all prior agreements.

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