Terms and Conditions
Terms and Conditions
1. Acceptance of Terms
By accessing or using Óleo Art you agree to be bound by these Terms and Conditions.
2. Platform Services
The Platform operates as an online marketplace that enables artists, galleries, collectors, and other sellers to list and sell artwork, including but not limited to paintings, sculptures, photographs, digital art, prints, and other creative works, to buyers worldwide.
3. User Eligibility
Users must be at least eighteen (18) years of age or the age of majority in their jurisdiction and must provide accurate and complete information when creating an account or conducting transactions.
4. Seller Responsibilities
Sellers represent and warrant that they own or otherwise possess all necessary rights, licenses, and permissions to offer and sell the artwork listed on the Platform, that all descriptions, images, and representations of artwork are accurate and not misleading, and that the sale of such artwork does not infringe upon any intellectual property, privacy, publicity, or other rights of any third party.
5. Buyer Responsibilities
Buyers are responsible for reviewing all artwork descriptions and details prior to purchase and acknowledge that variations in color, texture, dimensions, and appearance may occur due to the nature of artistic works and differences in display devices.
6. Payments, Pricing, and Fees
The Platform may facilitate payment processing through third-party providers but is not a party to the transaction between buyers and sellers unless expressly stated otherwise.
All prices, fees, commissions, taxes, shipping charges, and other applicable costs shall be disclosed where required and may be modified from time to time.
7. Shipping and Order Fulfillment
Sellers are solely responsible for packaging, shipping, delivery, customs compliance, and fulfillment of orders, while buyers are responsible for providing accurate payment and shipping information.
8. Returns and Refunds
Unless otherwise required by applicable law or expressly stated in a seller's return policy, sales of original, commissioned, customized, or digital artwork may be final and non-refundable.
9. Intellectual Property
All intellectual property rights in the artwork remain with the respective artists or rights holders unless explicitly transferred through a separate written agreement, and the purchase of artwork does not grant the buyer any copyright, reproduction, distribution, commercial exploitation, or derivative work rights.
Users may not copy, reproduce, distribute, modify, display, publish, or otherwise use any artwork or content available on the Platform without the prior written consent of the applicable rights holder.
10. User Content License
By submitting content, including artwork images, descriptions, reviews, comments, or other materials, users grant Óleo Art a non-exclusive, worldwide, royalty-free license to use, display, reproduce, distribute, and promote such content solely for the operation, improvement, and marketing of the Platform.
11. Prohibited Conduct
Users agree not to engage in unlawful, fraudulent, deceptive, abusive, defamatory, infringing, harmful, or disruptive conduct, including the transmission of malicious code, unauthorized access attempts, manipulation of listings or reviews, or any activity that interferes with the proper functioning of the Platform.
12. Platform Enforcement
Óleo Art reserves the right, at its sole discretion, to remove content, suspend listings, restrict access, cancel transactions, or terminate accounts that violate these Terms or applicable law.
13. Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or uninterrupted operation.
14. Limitation of Liability
To the fullest extent permitted by law, Óleo Art, its owners, affiliates, officers, employees, agents, and partners shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the use of the Platform, transactions between users, loss of profits, loss of data, business interruption, shipping issues, artwork authenticity disputes, or third-party actions.
15. Indemnification
Users agree to indemnify and hold harmless Óleo Art from any claims, liabilities, damages, losses, costs, and expenses arising from their use of the Platform, violation of these Terms, infringement of third-party rights, or breach of any applicable law.
16. Modifications to These Terms
Óleo Art may modify these Terms at any time by posting updated versions on its website, and continued use of the Platform following such updates constitutes acceptance of the revised Terms.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Puerto Rico, and any disputes arising from or relating to the Platform shall be subject to the exclusive jurisdiction of the courts of Puerto Rico, unless otherwise required by applicable law.
18. Acceptance
By using Óleo Art, you acknowledge that you have read, understood, and agreed to these Terms and Conditions in their entirety.
