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Terms and Conditions – Artists

WYDR SELLER (ARTIST) TERMS AND CONDITIONS

1.          PREAMBLE

1.1.     ABOUT WYDR

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.

1.2.     TERMS USED

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

1.3.     AGREEMENT

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.

1.4.     LEGAL USE REQUIREMENTS

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.

1.5.     APPLICABILITY AND ENFORCEMENT

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.

2.         SELLER REPRESENTATIONS AND WARRANTIES

The Seller represents and warrants that:

  1. He is a natural person, is of sound mind, legal age and legal competence. The Seller is a natural or legal person if; (i) He is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) Execution and delivery of these Terms and Conditions and all contracts and other transactions contemplated hereunder and performance of all obligations have been duly authorized by the Seller.
  2. The Seller will review these Terms and Conditions each time it is amended; and (i) The Seller will not affect any transaction in his Account unless he understands these Terms and Conditions, and the Seller agrees that in doing so, it is deemed to represent that he has read and understood these Terms and Conditions; and (ii) The Seller agrees to, and shall at all times comply with all applicable laws, statutes and regulations and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy that is applicable to the Seller.
  3. The Seller is obliged to keep all information provided to WYDR up to date. This includes but is not limited to, identification data, payment method and availability of the Listed Items. The Seller is obliged to inform WYDR of any change in the provided information as soon as the change occurs, latest within 2 days.

3.          USING WYDR

3.1.     WYDR’s CONDUCT

WYDR provides the Seller with access to the Platforms to list and sell the Items under the following conditions:

  1. The Seller is selling the Item through WYDR Platforms and Services. The Seller is obligated to keep passwords secret and is solely responsible in ensuring that third parties do not obtain access to the password or WYDR Platforms and Services.
  2. WYDR reserves the right to suspend, modify, remove and/or add any service in its sole discretion with immediate effect and without notice.
  3. WYDR forbids the use of all unfair practices when using its Platforms and Services. This is done to protect the Users and the integrity of the Platforms and Services.
  4. WYDR reserves the right to refuse to accept any transaction. WYDR shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of WYDR including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of transactions and/or information due to a breakdown in or failure of any transmission or communication facilities.
  5. WYDR will not be liable in any way in the event of failure of or damage or destruction to the Seller’s computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
  6. WYDR provides on its Platforms information about available Listed Items. Price and assortment changes and technical changes are WYDR’s reserved right. All information, including but not limited to Item descriptions, pictures, movies, weights, measures, technical specifications, accessories, relationships and other information, can be understood only as approximate values. WYDR does not guarantee that the Listed are available at the time of ordering.

3.2.     THE SELLER’S CONDUCT

The Seller has access to use WYDR Platforms and Services under the following conditions:

  1. The Seller understands and agrees that WYDR’s records will be the final authority in determining the Seller’s use of the Platforms and of the Services, the activity resulting there from, and the circumstances in which such activity occurred
  2. The Seller agrees to be fully and personally liable for the due execution of all listing and sale transactions entered into under the Seller’s Account with WYDR.
  3. In any case, the Seller alone remains fully liable for any and all listing and sale transactions performed on the Seller’s Account. The Seller agrees to indemnify WYDR fully in respect to all costs and losses whatsoever as may be incurred by WYDR as a result, direct or indirect, of the Seller’s failure to perform such a transaction.
  4. The Seller is not allowed to:
  • manipulate the price of Listed Items or interfere with any other Seller's listings
  • post false, inaccurate, misleading, defamatory, or libellous content
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
  • distribute viruses or any other technologies that may harm WYDR, or the interests or property of users
  • use any robot, spider, scraper or other automated means to access WYDR Platforms and Services for any purpose
  • bypass WYDR robot exclusion headers, interfere with the working of WYDR Platforms and Services, or impose an unreasonable or disproportionately large load on WYDR’s infrastructure
  • export or re-export any WYDR application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions
  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to WYDR, or that comes from the Services and belongs to another WYDR User or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of WYDR and/or any other party holding the right to license such use
  • commercialize any WYDR application or any information or software associated with such application
  • harvest or otherwise collect information about Users without their consent
  • circumvent any technical measures of WYDR Platforms and Services

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.

3.3.     ACCOUNT REGISTRATION

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.

The Account information is kept confidential for WYDR’s own purpose and according to WYDR’s Privacy Policy. The User confirms that he has provided true, accurate, current and complete information during the registration process, and that he has not impersonated any person or entity, or misrepresented any affiliation with another person, entity or association, used false headers or otherwise concealed their identity from WYDR for any purpose. Failure to supply such data may result in suspension of the Account.

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.

4.          ITEMS LISTING

4.1.     LISTING CONDITIONS

When listing an Item, the Seller agrees:

  1.  The Seller is owner of the listed Item, is entitled to offer the item for sale and is responsible for the accuracy and content of the listing and item offered.
  2.  The Seller is responsible for ensuring the listed item is not violating any existing rules and regulations or (copyrights, trademarks or other intellectual property) rights of third parties
  3.  The listing may not be immediately accessible online. WYDR does not guarantee exact listing durations.
  4.  Any listed content that violates any of WYDR Terms and Conditions, Guidelines and Policies may be deleted at WYDR’s discretion.
  5.  to provide accurate, specific and consistent details about the listed item.
  6.  to make every effort to provide excellent customer service from start to finish, including timely dispatch, specifying the handling time, responding to Sellers' questions promptly, being professional throughout the transaction.
  7.  to deliver the Item to the Buyer as described in the listing and on time.
  8.  to frequently review and update the listings to make sure all information is accurate and up to date.

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:

A.         The Seller's location, search query, browsing site, and history.

B.         Item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the Seller query.

C.         the Seller's history, Seller ratings, feedback, and defect rate.

D.         number of listings matching the Seller's query.

E.         Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Seller. 

4.2.           LISTING PRICES

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.

4.3.           LISTING CONTENT

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.

5.     FEES AND PAYMENT

5.1.     WYDR fee

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.

5.2.     SELLER PAYMENT TERMS

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.

6.     DELIVERY, AUDIT, COMPLAINTS AND RETURNS

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.

7.     INTERNATIONAL SUPPORT

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.

8.     LIABILITY LIMITATION

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:

  1. the Users use of or the Users inability to use WYDR Platforms and Services
  2. any failure or malfunction or any software, hardware, communication, broadcasting, technology or other system
  3. the User’s reliance on any materials contained on WYDR Platforms and Services
  4. any Items or Services advertised or linked to WYDR Platforms and Services
  5. pricing, shipping or other guidance provided by WYDR
  6. delays or disruptions in WYDR Platforms and Services
  7. viruses or other malicious software obtained by accessing, or linking to, WYDR’ Platforms and Services
  8. glitches, bugs, errors, or inaccuracies of any kind in WYDR Platforms and Services
  9. damage to the Users hardware device related to the use of WYDR Platforms and Services
  10. the content, actions, or inactions of third parties, including Items listed using WYDR Platforms and Services or the destruction of allegedly fake Items
  11. a suspension or other action taken with respect to the Users account by WYDR
  12. the duration or manner in which the Seller’s listings appear in search results
  13. the Seller’s need to modify practices, content, or behaviour or the Seller’s loss of or inability to do business, as a result of changes of WYDR Terms and Conditions, Guidelines and Policies

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.

9.     INDEMNITY

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.

10.  PRIVACY POLICY

WYDR respects the privacy of Users of its Services. The Privacy Policy is the basis for the processing of the Users personal information and insight into what type of User data will be collected by WYDR and how WYDR is using such data. WYDR complies with applicable privacy laws and processes the personal data only for the purposes for which the information was collected.


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. 


10.1    TYPE OF DATA COLLECTED AND USE OF COOKIES

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.

In order to improve its Services, WYDR uses cookies. Cookies are small software information that are stored by the User’s browser on the User’s computer's hard drive to facilitate the use of the site (such as voice dialling, shopping cart, etc.). These cookies are completely anonymous and do not contain any personal information. At no time spy software is installed or used to access the computer’s stored data and information.
Most browsers automatically accept cookies, but the browser can be configured to not accept or store cookies.

10.2    SOCIAL-MEDIA CONTENT

WYDR can use social-media plugins on its website, applications and tools. Those are governed by their own privacy policy, where WYDR has no influence or liability.

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.

10.3    DATA CONFIDENTIALITY AND DISCLOSURE

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.

10.4    DATA SECURITY

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.

11.       DISPUTE RESOLUTION

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.

12.       SEVERABILITY CLAUSE

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.