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 referred to as "sellers") to website users (potential "buyers") and to provide them with the opportunity to discover and purchase artworks directly from the sellers online. These general terms and conditions of sale are intended to define the terms and conditions for the 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 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 upon solely between the buyer and the seller, who is the only party obligated to fulfill the duties arising from the sale.

 

2 - Acceptance

Unconditional acceptance of all general terms and conditions of sale is required for the seller and the buyer to conclude a sales agreement. 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, such as size, material, or 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 three business days of sending the quote, the sale is subject to the general terms and conditions. If WeArt does not confirm the order by receiving payment within three business days, the order will be canceled.

 

4 - Sale Price and Payment Terms

The sale price of an item on the site is displayed in the currency shown and does not include taxes, shipping, or packaging fees, if applicable. Shipping and packaging costs depend on the type of item, its dimensions, weight, and shipping location. Payment for the item is made by the buyer to the seller 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 purchase on the WeArt site.

 

5 - Item Shipping

Item shipping is done to the address provided in the order summary form during business hours, following 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, packaging quality, and item compliance, are the buyer's sole responsibility. WeArt will not be liable for any non-compliance by the buyer. The buyer can file a complaint against the transport service provider. Upon receipt, the buyer must inspect the item's condition and notify WeArt in writing within 48 hours of identifying any objection, problem, or defect in the artwork. They will then pass this information on to the seller.

 

6 - Right of Cancellation

The buyer has 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 cancel their purchase. The buyer can exercise their right to cancel by emailing support@we-artonline.com. WeArt will handle the cancellation and process the refund within 14 days of receiving 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, the contract's performance may be suspended, or the sale may be canceled if it has already been completed. 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 the event of a 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 personal data of buyers and sellers to ensure the correct execution of these terms. Users have the right to access, modify, correct, and delete their data processed through the site and object to its communication to third parties for justified reasons by requesting support@we-artonline.com. The seller's data will be destroyed no later than six months after the account is cancelled. WeArt reserves the right to retain specific 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 resolved in the courts of Tel Aviv.