WYDR SELLER (ARTIST) TERMS AND CONDITIONS
WYDR is a marketplace that allows the Seller to offer and sell Listed Items in a variety of pricing formats and locations and the Buyer to buy the Listed Items. WYDR is intermediating platform for the sale and does not in any part of the process become a contractual party to the sale. The sales contract is in the WYDR Buyer Terms and Conditions and is between the Seller and the Buyer. WYDR’s Terms and Conditions as well as Guidelines and Policies are binding for the Users.
WYDR has no control over and does not guarantee the existence, quality, safety or legality of Listed items advertised; the truth or accuracy of the Seller's content or listings; the ability of Sellers to sell Listed Items; the ability of Buyers to pay for Listed Items; or that a Seller or a Buyer will actually complete a transaction or return an Item.
Account: the User account created for use of WYDR Services on WYDR Platforms
Demanded Price: price of the Item demanded by the Seller for sale of the item on WYDR Platforms
(Listed) Items: original art pieces offered by the Seller on WYDR Platforms
Listing: sale description of the original art pieces offered by the Seller on WYDR Platforms
Listed Item Price: price of the listed Items on WYDR’s Platforms, calculated as Demanded Price plus WYDR commission
Order: Entering a binding agreement to purchase an Item or winning an auction for purchasing an Item by clicking on Accept for the WYDR Buyer Terms and Conditions on WYDR Platforms and Services
The User: the Seller and /or the Buyer and /or a WYDR Account owner
The Buyer: the customer (legal or natural person) purchasing or bidding on Items through WYDR Platforms and Services
The Seller: the owner of original art pieces offer for sale on WYDR Platforms and Services
WYDR Services: the brokerage services intermediated by WYDR between the Seller and the Buyer to sell the Items
WYDR Platforms: website, applications and other tools
WYDR: WYDR GmbH and all its related and affiliated entities, partners, agents and employees
These Terms and Conditions together with all additional rules, guidelines, policies and disclaimers herein published or otherwise notified to the Seller will constitute a binding agreement between the Seller and WYDR. These Terms and Conditions constitute a "writing agreement signed by the Seller" under any applicable law or regulation. By using WYDR Platforms and Services, the Seller represents that he has read and understood these Terms and Conditions and agrees to be bound by it. If these conditions are translated into another language, the English Language version will prevail in the event of any conflict of translation.
WYDR reserves the right to adjust, amend or modify the WYDR Terms and Conditions unilaterally at any time. With each new use of WYDR’s Services the current, callable version is applicable and shall prevail.
Users may only use WYDR Platforms and Services if they are at the minimum legal age to conclude the contract and it is legal for them to do so. WYDR reserves the right to ask for proof of age from the User and the User’s Account may be suspended until satisfactory proof of age is provided. WYDR Platforms does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction that such offer or solicitation is not authorized, or to any person to whom it is unlawful to. Access to the Platforms and the offering of the Services may be restricted in certain jurisdictions and accordingly, Users are required to inform themselves of, and to observe, such restrictions. The Seller understands and accepts that WYDR is unable to provide the Seller with any legal advice or assurances and that it is the Seller’s sole responsibility to ensure that at all times the Seller complies with the laws that govern the Seller and that the Seller has the complete legal right to use WYDR Platforms and Services. Any use of the Services is at the Seller’s sole option, discretion and risk.
WYDR’s Terms and Conditions, Guidelines and Policies apply exclusively to all relationships created in connection with use of WYDR Platforms and Services. No deviations to WYDR’s Terms and Conditions, Guidelines and Policies are effective without WYDR’s explicit written consent.
The Seller represents and warrants that:
WYDR provides the Seller with access to the Platforms to list and sell the Items under the following conditions:
The Seller has access to use WYDR Platforms and Services under the following conditions:
If WYDR identifies that the Seller is abusing WYDR in any of the ways mentioned above or otherwise, WYDR may, in its sole discretion, take steps to prevent and mitigate such abuse such as limiting, suspending, or terminating the Seller’s account(s) and access to WYDR Platforms and Services, delaying or removing hosted content, removing any special status associated with the Seller’s account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent the Seller from using WYDR Platforms and Services.
WYDR reserves the right to cancel and / or discontinue unconfirmed accounts or accounts that have been inactive for a long time. WYDR reserves the right to refuse or terminate access to WYDR Platforms and Services to anyone for any reason at WYDR’s discretion.
To access WYDR Platforms and Services, the User needs to register for an Account with WYDR. The User can open an Account with WYDR by choosing a unique Account name and password and entering other information that WYDR requests. The User will ensure that the details provided at registration are accurate and kept up to date.
Should WYDR have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud WYDR, WYDR reserves the right to cancel any transaction related to the said fraud attempt.
When listing an Item, the Seller agrees:
WYDR is providing a location and Sellers preference optimised marketplace. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
The Items prices listed on WYDR’s Platforms, unless otherwise stated, are exclusive of VAT, any advanced recycling fee or any other applicable sales or other taxes. All prices are net in Euro (€). Any shipping costs are, unless stated otherwise, provided additionally charged and have to be paid by the Buyer. Shipping costs are shown separately in the order process and indicated on WYDR’s Platforms FAQ section.
The Seller agrees that by providing the content to WYDR, he grants WYDR a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights that are part of the content, in any media known now or developed in the future as part of WYDR Platforms and Services.
If the Seller believes that any of his intellectual property rights have been infringed, he is obliged to notify WYDR as soon as he becomes aware of the infringement.
The fees WYDR charges for listing the Items on its Platforms and Services and for intermediating the sale of the Items are published on WYDR’s FAQ page [http://www.wydr.co/pages/faq]. WYDR reserves the right to change the fees unilaterally by posting the changes on the WYDR FAQ page 14 days in advance. The Seller is always guaranteed the Demanded Price for the Listed Item sold on WYDR Platforms and Services. The fee WYDR charges for sale on its Platforms and Services is added to the Demanded Price of the Seller and then listed on WYRD’s Platforms and Services as Item purchase price.
The Seller must provide a valid payment method at the moment of registration with WYDR. The Seller is responsible for validity of the payment method and for updating it in case of any changes. The provided payment method will be used for the payment of the Item price less the WYDR Seller fees. WYDR is not responsible for any delays in payment caused by the Seller’s default in providing valid and functioning payment method.
The payment of the Demanded Price will be processed within 3 days, after the end of the 14 days cooling off period in so far as no complaint was made by the Buyer within the cooling off period.
In case Seller is obliged to pay any fees or obligations to WYDR and is over due, WYDR reserves the right to collect fees owed using available collection mechanisms - this includes charging other payment methods known to WYDR, assigning the task to collection agencies and legal counsel. In such cases the Seller is liable for interest on the delayed payments 5% per month. In addition, the Seller will be subject to the collection fees incurred by WYDR. WYDR may also report information about the Seller’s account to credit bureaus, and as a result, late payments, missed payments, or other defaults on Seller’s account may be reflected in the Seller’s credit report.
The deliveries are sent to the address specified by the Buyer in the order. The shipping fees are paid by the Buyer. The shipping fees are indicated as part of the order process and in the FAQ section of the WYDR Platforms and Services.
The Seller accepts that WYDR will issue an invoice on his behalf.
The Seller is obliged to dispatch the ordered Item for shipping within 3 days after receiving confirmation from WYDR that the Listed Item Price was paid by the Buyer in full.
By delivering the Item to the WYDR selected shipping provider the ownership passes to the Buyer, including all risks or benefits.
WYDR reserves the right to process the return of the Item after a complaint message from the Seller. Any defects or deviations from the listing conditions and specification, notified by the Buyer, will be communicated by WYDR to the Seller. The Seller is responsible to answer in a timely manner [maximum 3 days]. It is at the discretion of WYDR to decide whether the Seller needs to provide free repairs, replacement of equal or refund the purchase price. WYDR is not committed in the event of a cancellation, to deliver a replacement. Returns are accepted with full price refund up to 14 days after the Item delivery. After the 14-days cool-off period, WYDR reserves the right to process the return of the Item after a complaint message from the Buyer. In all returns, the Buyer is responsible for the shipping costs.
WYDR Platforms and Services are not limited by Users location and are international. WYDR may offer certain programs, tools, and site experiences of particular interest to international Users, such as estimated local currency conversion and international shipping calculation tools. The Users are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of Items in their respective locations.
To assist Users who may speak different languages, whenever automated translation solutions are available, they might be used to translate the WYDR listings content and other provided information, in whole or in part, into local languages. The accuracy or availability of translations is not guaranteed by WYDR.
The Seller agrees to use WYDR Platforms and Services at own risk. WYDR Platforms ad Services are being provided to the Users on an "AS IS" and "AS AVAILABLE" basis.
In addition, to the extent permitted by applicable law, WYDR is not liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
WYDR has no liability or duty of indemnification related to unusable data, loss or date corruption, by whatever means, in whatever form, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of WYDR’s control.
WYDR disclaims any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of the User's connections to the internet, due to any reason.
WYDR’s liability to the Users or to any third party is limited to amount of the Listed Item Price.
The Users will indemnify and hold WYDR harmless from any claim or demand, losses, damages, expenses and costs including any fees, made by any third party due to or arising out of the Users breach or violations of WYDR Terms and Conditions, Guidelines and Policies, User’s improper use of WYDR Platforms and / or Services or User’s breach of any law or the rights of a third party.
WYDR excludes all liability, regardless of their legal basis, and claims for damages against WYDR or its affiliates or agents. WYDR is not liable for indirect or consequential damages, lost profits or other persons, property or any form of loss.
WYDR hyperlinks are used solely for easier access of the Users. WYDR can not know the content of these websites in detail, nor accepts any liability or other responsibility for the content of the websites.
WYDR may process the data collected in connection with its Services for the Seller contract fulfilment and for marketing purposes. Information necessary for the contract fulfilment (for example the shipping address) can be shared with third parties.
By using WYDR’s services, statistical visitor data is collected about the use. This collected data do not contain any references to persons or made anonymous enough to avoid any conclusions on the Users identity. WYDR does not accept any automatic collection of personal data of users such as the name, address, telephone number or e-mail address. Exception being the information, which the User voluntarily submitted to WYDR during registration and which are required to participate in WYDR’s Services.
If the User desires that none of these plugins are loaded, it is recommended to log out from the appropriate social media service. Furthermore, different browsers (eg Facebook blockers) are added or adjusted with add-ons that social media plugins are not loaded.
WYDR may use the provided information. The provided information will not be disclosed to third parties. An exception is when the User has agreed with sharing the provided information with third parties or if WYDR has legal, regulatory or judicial obligation to share the provided information. Furthermore, if service providers that support WYDR in provision of its Services require the provided information. These third parties are required to comply with the same level of security and privacy, such as WYDR.
The anonymous data which will be held at the call of the WYDR website through cookies, for purposes of analysis, are used to optimize the website and for measuring the performance. WYDR can use third-party tools, with their respective own privacy policies, where WYDR has no influence or liability. Data reported by the Users themselves as Users of the website may be used by WYDR for the purpose of improving the website and the individual User support. These include, among other things, information updates, offers or notification with respect to the product range or services. WYDR’s newsletters are only distributed if the User has explicitly agreed.
The transmission of data over the Internet is not completely secure. WYDR collaborates with service providers and Internet providers who implement appropriate technical and organizational security precautions to protect users' personal data. However, WYDR can not guarantee the security of data transmitted by the Users.
In case of any dispute arising in connection with WYDR Platforms and Services, the applicable law is exclusively Swiss law. The applicable law shall apply to the exclusion of conflicts of law provisions.
The applicable jurisdiction is Zurich, Switzerland.
If any provision or part of the WYDR Seller Terms and Conditions prove to be void or invalid, the validity of the other provisions remain unaffected.