TERMS & CONDITIONS

 

Use of the Website

Welcome to the Collectionair Website. By entering our Website, you agree to these terms and conditions. Please review these carefully prior to making any purchases. By using this site you agree to comply with these Terms.

If you do not accept these Terms and Conditions, you must refrain from using our website and services. Collectionair FZ LLC is a registered company in the United Arab Emirates. We can be contacted via email at info@collectionair.com.

Collectionair may amend these Terms and Conditions in whole, or in part from time to time. Amendments will be effective immediately upon posting on this website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of our website and our services represents your agreement to be bound by these Terms and Conditions as amended.

Collectionair is an online service set up by Collectionair FZ LLC for the purpose of the sale of artworks.

In order to be able to make purchases through the Collectionair website, you will be requested to register. The information sought will allow Collectionair to handle your transaction efficiently and effectively.

As payment will be made online, it is important that you enter all the requested information accurately. This will ensure that there is no delay in the dispatch of your order. The information provided will be treated in the strictest confidence. We do not share any customer data to any third parties and all customer data is held on a secure server.

The website is available only to individuals who meet the Collectionair terms of eligibility, who have been issued a valid payment card, i.e., credit card etc and who have authorised Collectionair to process a charge or charges on their payment card in the amount of the total purchase price for the item or items.

By making an offer to purchase artworks on our website, you authorise Collectionair to perform credit checks and to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your payment card, to obtain an initial payment card ld.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Collectionair may use the information you provide to conduct suitable anti-fraud reviews, the agency involved may keep a record of that information.

We reserve the right to restrict multiple quantities of a specific item being shipped to any one customer or postal address.

In case your personal information changes, please notify us by contacting Customer Service on the following email service@collectionair.com.

Collectionair may modify these Terms at our sole discretion. If you do not agree to the changes to these Terms, you should stop using this website. By using this website after any such change(s), you agree to comply with the Terms as changed. Any changes made after you have placed an order with us, will not affect that order, unless we are required to make the change by law.

LIABILITY

 

  1. Transactions are conducted entirely at your own risk. You agree that Collectionair takes no responsibility or liability for any conduct or misconduct of any of its members or galleries who use our services. Collectionair gives no undertakings, representations, or warranties in relation to artworks sold through or listed on its Website:
    1. about ownership of any artwork
    2. as to the authenticity, content, description, worthiness, quality, or legality of the artworks that are listed on its Website iii) as to the accuracy or truth of listings.
  2. You expressly understand and agree that:
    1. Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law Collectionair disclaims and excludes all implied conditions or warranties.
    2. Collectionair does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable
    3. No advice or information that is obtained by you from Collectionair or anyone else shall create any warranty by Collectionair that is not expressly stated in the terms and conditions; and
    4. Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of any such advertisements on the Website does not constitute Collectionair's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
    5. While Collectionair has systems in place to reduce the risk of credit card fraud, Collectionair is not responsible for protecting members from credit card fraud.
    6. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  3. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Collectionair to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another member's acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Collectionair's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  4. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
  5. Without limiting any other rights and remedies available to Collectionair, Collectionair may limit your activities on the Website, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide services to you if you breach these Terms and Conditions or where Collectionair considers it appropriate.

 

GENERAL PROVISIONS

  1. All listings and communications made through Collectionair shall be made in good faith.
    1. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You are responsible for any actions taken through your membership. Collectionair memberships cannot be sold, leased, lent or traded.
  2. Any copyright licences required in showing any artwork on the website is the responsibility of the seller.
  3. Licencing Regulations. The sale of an artwork or its subsequent export or import into another country may require certain licences including but not limited to resale royalties, export or import licences. It is the buyer's responsibility to inform themselves with respect to those licences and where necessary to obtain the appropriate licences and pay necessary royalties. To the extent permitted by law, Collectionair has no liability for any such licence costs or resale royalties.
  4. Collectionair will use its reasonable endeavors to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Collectionair takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Collectionair assumes no responsibility for the corruption of any data or information held by Collectionair.
  5. You agree not to involve, or attempt to involve, Collectionair in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
  6. Collectionair has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Collectionair to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of Collectionair.
  7. If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
  8. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
  9. The laws of the United Arab Emirates govern these Terms and Conditions. You submit to the exclusive jurisdiction of the Courts of the United Arab Emirates.
  10. Collectionair (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:
    1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    2. Commercialize, copy, or on-sell any information, or artworks obtained from any part of this Website.
  11. These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
  12. Collectionair collects personal information about you through your use of the Services and the Website, including:
    1. Your registration details; and
    2. Information relating to your use of the Website and the content you access.
  13. You agree that Collectionair may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Collectionair products and Services to you, and for any other use that you authorize.
  14. The material on our Websites is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Collectionair provides this website on the basis that Collectionair excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the website. Collectionair has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on our Website and cannot accept liability for any errors or omissions.

 

  1. Material appearing on our Websites may include advertising and other material submitted by parties other than Collectionair. Our Websites may also provide links to other websites operated by advertisers and third parties. Links to such sites are provided solely for your convenience. If you use these links, you leave our Website. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations and Collectionair does not control and is not responsible for these websites or their content or availability. Collectionair therefore does not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk. To the full extent permissible by law, Collectionair disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with any relevant laws or regulations.

Making a purchase

This section of the Terms and Conditions governs the use of the Collectionair website and the purchase and selling of artworks on Collectionair.

 

DEFINITIONS

In the Collectionair website, the following expressions have the following meanings:

  • 'Artwork', 'artworks', 'work', 'works', means goods or property that may be bought or sold using Collectionair's Services
  • 'Member' means a registered member of Collectionair
  • 'Services' means any one or more of the services offered by Collectionair from time to time, including services on Collectionair's websites and any other service that Collectionair may offer.
  • 'We', 'us' and 'our' are a reference to Collectionair.
  • 'You' and 'your' are a reference to you.
  • 'Website', 'Site' means any website through which the Services are offered.
  • 'Listing' means a listing on our Website through which you offer, negotiate, buy, sell or advertise any artwork.
  • 'Seller' or 'vendor' means an art gallery or art dealer selling artwork on the Collectionair website.

 

CURRENCY AND TAX

 

Artworks will be listed in the relevant currency and will include relevant taxes in the price (if applicable). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).

 

PURCHASING ARTWORKS ON THE COLLECTIONAIR WEBSITE

 

  1. Your purchase is not retractable and you must pay the purchase price immediately.
  2. Upon purchasing an artwork, your credit card payment will be processed. You will pay for the costs of shipping as shown on the Site.
  3. You are purchasing the artwork from the seller. Collectionair offers no warranty as to the authenticity or condition of any artwork.

Collectionair has no liability or responsibility for the actions of the gallery selling any artworks on our Site.