This website, www.NadinsArt.com, acts as an online marketplace connecting Artists and Buyers for the purchase and sale of unique artwork. We provide the platform, not the artwork itself (purchases are not made directly from me, private entrepreneur Nadiia Antoniuk, except in cases of purchasing my artworks.). These Terms and Conditions govern your use of the website. By registering, viewing, or using the website in any way, you agree to these terms. For assistance, please contact contact@nadinsart.com.

1. DEFINITIONS

• NadinsArt Services: The services we offer by providing this online marketplace website. This includes allowing Artists to showcase their work, Buyers to find art, facilitating communication and transactions.
• Artist: Any individual or organization displaying artwork for sale on the website.
• Artwork: The pieces of art (including paintings, sculptures, etc.) listed for sale, including custom commissions and made-to-order pieces.
• Buyer: Someone who uses the website to purchase artwork.
• Commission: Artwork created based on a Buyer’s specifications, such as subject matter or color variations.
• Consumer: As defined by EU law, a person buying for personal use, not business purposes.
• Intellectual Property Rights: Patents, trademarks, copyrights, designs, databases, know-how, and other forms of intellectual property owned by the respective party.
• Made to Order: Artwork similar to an existing piece, but with variations due to its handmade nature, ensuring no two pieces are identical.
• Order Confirmation: An email confirming the Buyer’s order details, including the artwork, price, and estimated delivery date.
• Standard Delivery: A shipping method using a carrier we approve of, requiring a signature upon delivery.
• Terms and Conditions: These terms, along with any other policies or terms displayed on the website, including any specific agreements made in writing.
• Upload to the Website: Any information or content submitted by a user, including artist information and artwork listings. This also includes participation in forums, reviews, discussions, etc.
• User: Anyone who visits or uses the website, including buyers and artists.
• We/Us: privat entrepreneur Nadiia Antoniuk, the owner and operator of this website. Registered address: C/Carrer 6, casa. 37, 08860, Castelldefels, Barcelona, Spain. Tax Registration Number: Z2064770L, VAT Registration Number: ESZ2064770L. Email: contact@nadinsart.com.
• Website: www.NadinsArt.com and all its content.
• Working Days: Monday to Friday, from 9am to 5pm.

2. ACCEPTANCE 

Your use of the Website is conditional upon your acceptance of these Terms and Conditions. By using the Website, you are agreeing to be bound by these Terms and Conditions and any additional terms or policies posted on the Website. If you do not agree to these Terms and Conditions, you must immediately cease using the Website.

If you are using the Website on behalf of another person or organization, you confirm that:

• You have the legal authority to do so; and
• The other person or organization agrees to be bound by these Terms and Conditions.

We reserve the right to modify or amend these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting on the Website, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changes. It is your responsibility to review these Terms and Conditions each time you use the Website.  

For clarity, the terms and conditions applicable to any purchase are those in effect at the time the purchase is made.

3. ACCOUNT, PASSWORD, AND SECURITY 

While you may browse the Website and checkout as a guest Buyer without creating an account, full utilization of the Website requires you to register an account by providing certain information and creating a username and password. Occasionally, we may request additional information, such as address verification, to facilitate order completion. Each individual or organization may only register one account. Your account becomes active upon our approval, and we reserve the right to deny registration requests at our sole discretion.

You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. We shall not be liable for any loss or damage resulting from the disclosure of your username and/or password.  

You may not transfer your account or obligations under these Terms and Conditions. You agree to notify us immediately of any unauthorized use of your account and to take reasonable steps to prevent such misuse.

4. WEBSITE USE

• Our Website is a venue, an Online Marketplace connecting Artists and Buyers who buy and sell unique artwork using our Website services. You are not buying directly from me, private entrepreneur Nadiia Antoniuk, except in cases of purchasing my artworks.
• Separate Terms Apply:
  • Buyer’s terms and conditions (applicable when considering or placing an order for Artwork)
  • Artist’s terms and conditions (applicable if you’re an Artist selling Artwork)
• Full use requires a registered account with cookies enabled. Users without accounts may have limited functionality.
• Website use is licensed. You acknowledge that all copyright, trademarks, and intellectual property rights in the Website materials belong to us or our licensors (see clause 9).
• User Obligations:
  • You will not reproduce the Website or its content without our written permission.
  • You will not use harmful components (viruses, worms, etc.)
  • You will use the Website legally and only for intended purposes.
  • You will not misuse the Website in any way, including:
    • Infringing on intellectual property rights
    • Using the Website for illegal purposes (fraud, etc.)
  • You will not interfere with the Website’s proper functioning or activities conducted on it.
  • You acknowledge that all uploads are the responsibility of the person or organization who uploaded them.
• We have no control over products or services displayed. You acknowledge this and agree to use the Website at your own risk.
• Separate Agreements with Third Parties: When using third-party services (payment facilities, etc.), you enter into a separate agreement with them. You are responsible for understanding the terms of such agreements.
• We do not check, control, endorse, or take responsibility for uploads. We cannot guarantee the acceptability, safety, legality, accuracy, integrity, or quality of any Artwork and have no liability for it.
• Reviews/Feedback:
  • Represent the opinion of the reviewer and may not form part of any agreement with another User.
  • Do not constitute an endorsement, guarantee, or warranty from us regarding Users or Artwork.
• You are responsible for fulfilling obligations when using the Website. This includes completing purchases and fulfilling sales agreements with other Users.
• If you find inaccurate or misleading information, contact the User involved. You may also contact us for liaison assistance.
• Discounts, vouchers, and offers are subject to availability and our discretion. They may be subject to specific conditions and cannot be exchanged for cash or used in conjunction with other offers. We reserve the right to cancel, withdraw, or change the terms of any offer at any time.
• Gift vouchers are available by email and post, valid for 365 days from the date of issue, unless otherwise specified.
• To the extent permitted by law, all implied warranties, conditions, or other terms are excluded. You hold us free of liability for any actions, results, or adverse situations arising from uploaded data or information on the Website.

5. SUPPLY OF WEBSITE AND OTHER NADINSART SERVICES

• We will use reasonable endeavors to ensure Website availability but are not responsible for any unavailability. The Website is provided “as is” and “when available.”
• We reserve the right to terminate or alter the Website and its contents without prior notice.
• We cannot guarantee uninterrupted, secure, or error-free NadinsArt services. We are not responsible for any interruption, losses, or consequences, including tampering, hacking, or browser crashes resulting in data loss.
• We make no warranty against electronic viruses, worms, or defects that may occur when viewing or using the Website. We are not responsible for any loss or damage caused by a virus or defect in an email attachment or document sent to you.
• Artists upload information and images about their artwork. We rely on this information and strive for accurate display on the Website. However, we cannot be responsible for variations, especially regarding colors and shapes, which depend on your monitor settings.
• We reserve the right to suspend services for repair, maintenance, or improvement.

• Most Users may terminate use of the Website without giving us prior notice.
• Artists who wish to cancel their account should refer to clause 8 of the Artist’s Terms and Conditions.
• You will still be responsible for fulfilling any obligations incurred while a registered user (completing purchases, fulfilling sales, paying fees).

6. THIRD PARTIES

• The Website may include links to third-party websites, including payment service providers. You enter into separate agreements with these third parties and are responsible for understanding their terms. We have no control over or responsibility for these third parties or their websites.

7. UPLOADING TO THE WEBSITE, FEEDBACK, AND ACCEPTABLE USE

All Users specifically agree and confirm that:

• Sole Liability: They are solely responsible for any content they provide or upload to the Website, or allow others to upload on their behalf. They will not abuse these facilities and will not use the Website in a way that damages, disables, overburdens, or impairs the Website or interferes with other users’ use or enjoyment of the Website.
• Accurate and Lawful Content: Any uploaded data, images, information, or documents have been verified for accuracy and do not infringe on any copyright, intellectual property, or third-party rights, and comply with applicable laws.
• Ownership and Permission: They are the sole owner of uploaded content or have express permission from the rightful owner to upload and use it.
• Indemnification: They agree to indemnify us for any losses related to actual or alleged breaches of this clause.
• Acceptable Uploads: Users should only provide or upload data, images, information, or documents that we deem acceptable. Acceptable uploads are fair, true, accurate, and comply with our policies. Unacceptable uploads are misleading, discriminatory, or breach any laws or rights.
• Prohibited Content:
  • Misleading or False: Content that is misleading, false, fraudulent, or impersonates any person or entity.
  • Intellectual Property Infringement: Content that infringes on copyright, intellectual property, or third-party rights (including personal or confidential information).
  • Harmful Content: Content that is threatening, defamatory, libelous, discriminatory, malicious, offensive, against public decency, abusive, obscene, or incites such behavior.
  • Privacy Violations: Content that harasses or invades the privacy of individuals or organizations.
  • Restricted Content: Content that contains restricted or password-only access pages, hidden pages or images, or is pornographic.
  • Negative Reflection: Content that reflects negatively on the goodwill or reputation of our Artists or other Users.
  • Prohibited Distribution: Content that you do not have the right to transmit under law or contractual or fiduciary relationships (e.g., insider information).
  • Illegal Conduct: Content that incites, promotes, or instructs on any conduct described above or that promotes any breach of these Terms and Conditions or the law.
• Feedback and Reviews: Users agree not to take any actions that undermine feedback systems or the sharing of reviews, experiences, opinions, statements, recommendations, or information.
• Prohibited Communications: We do not tolerate unsolicited commercial communications, junk mail, chain letters, spam, or similar conduct. URLs are allowed if relevant, useful, and necessary.
• Content License: Users agree that anything provided or uploaded to the Website can be freely used, copied, published, translated, and distributed in any medium or form, including for advertising and promotional purposes, by us and, with the exception of images of Artwork, any other person or organization, without the User’s express permission.
• Artwork Images: While images of Artwork are not available for general use, we and the Artists grant you express permission to use them on social media for promotional purposes.
• Authority to Report Violations: We reserve the right to inform appropriate authorities (e.g., police) if we deem the content of any upload to breach any law or our Terms and Conditions.
• Backup Copies: We advise you to retain backup copies of any content provided or uploaded. We are not responsible for retaining backups and cannot be liable for any losses, claims, or damages arising from the lack of backups.
• Indemnification: Users agree to indemnify us for any losses related to any actual or alleged breach of this clause.

8. UPLOADING TO THE WEBSITE – LICENSE TO USE

When you provide or upload anything to the Website, the original ownership rights remain with you, but you grant us a non-exclusive, worldwide, payment and royalty-free sub-licensable license to display, edit, modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display, or otherwise use your upload or any part thereof as necessary solely for the purposes of displaying your upload and operating the Website. This License will be terminated when such content is entirely deleted from the Website. You also waive all moral rights you have in the content to the fullest extent permitted by law.

9. OUR INTELLECTUAL PROPERTY

The Website and all basic content (excluding uploaded content) are subject to our copyright. This means Users can use the Website but do not acquire any ownership rights or rights to use or display the copyrighted information. There is no partnership, joint venture, agency, employment, or other relationship between any Website User and us.

We, along with Artists who own Artwork images, grant you express permission to use those images on social media for promotional purposes (e.g., sharing on Facebook or Twitter). However, you cannot use Artwork images on your own website without express written permission.

All Users agree that they are solely responsible for their use of the Website and will not breach copyright in relation to information, text, images, content, materials, or anything supplied to you or available from us. This means you will not, nor will you assist others, in downloading, copying, assigning, transmitting, publishing, displaying (publicly or otherwise), using, reproducing, distributing, modifying, making derivative works, creating Internet links, framing, or reverse engineering the Website or any part of it without our express written permission, including using our name or copyrighted or trademarked content.

We do not claim ownership of content you provide or upload to the Website. However, by doing so, you are granting us a license as outlined in Clause 8.

10. PRIVACY & DATA PROTECTION

I am a business registered in The Kingdom of Spain and collect and store personal data in accordance with Spanish data protection laws. You should be aware of data protection changes and ensure your data protection policies and processes comply.

Please refer to our Privacy Policy for information on how we use your data. Note that Buyer’s personal data is shared with the Artists you buy from to complete and deliver your order.

Refer to our Cookie Policy for information on our use of cookies.

11. LIMITATION OF LIABILITY

To the extent permitted by law, we are not responsible for any direct, indirect, incidental, consequential, punitive, or exemplary damages, or any loss of reputation, goodwill, business opportunities, or contact, or business interruption, arising from negligence or in any way connected to any use (authorized or unauthorized), purchase, sale of Artwork/products, errors, mistakes, accidents, theft, fraud, destruction, or any part of the Website or these Terms and Conditions.

Time limits provided are estimates only. We will not be liable for any failure to complete NadinsArt services by any agreed date.

For claims against other Users or Artists arising from their use of the Website, you agree to pursue those claims independently and without recourse to us. You release us from all claims, liability, damages, losses, costs, and expenses, including legal fees, arising from or connected to such claims. You agree to indemnify us for any such involvement.

12. INDEMNIFICATION

You agree to fully indemnify us against all claims, liabilities, damages, losses, costs, and expenses, including legal fees (known and unknown), arising from or connected to your breach of these Terms and Conditions or your use of the Website, including any uploads you provide or submit.

13. QUERIES, COMPLAINTS, NOTICES

Website Complaints

• Submit complaints about the Website by email to contact@nadinsart.com with full details.
• We aim to acknowledge complaints and queries within 10 working days.
• If a complaint may be a breach by us, you must allow 30 days for us to remedy it.
• We are not bound by any professional code of practice, code of conduct, or alternative dispute resolution.
• Formal notices must be sent by email to contact@nadinsart.com. We will use the latest email address or address you provided. Emails are deemed received on the day sent unless proven otherwise.

Action on Website Complaints

We operate a “notice and takedown” procedure for website complaints. If you have complaints about an upload, feedback, content, or infringement of your rights, contact us immediately by email at contact@nadinsart.com. We will use reasonable efforts to remove illegal or improper content within a reasonable timeframe. This means:

• We may, at our discretion, terminate, suspend, or limit your account with or without notice if we suspect you have breached these Terms and Conditions.
• We reserve the right to remove any advertisement, upload, feedback, experience, opinion, statement, recommendation, rating, information, or link without reason and at our sole discretion.

Other Complaints About Us

For any other complaints about us or our NadinsArt Services, email contact@nadinsart.com with full details. Clauses 13.1 and 13.2 apply to these complaints.

Complaints About Artists or Artwork

• You are buying directly from the Artist; the Website facilitates this.
• For queries or complaints about Artists or artwork, contact the Artist directly using the “contact the artist” form on the Website.
• Consumer cancellation rights are outlined in the Buyers’ Terms and Conditions, Clause 7: Consumer Cancellation Rights.
• Problems with your order are outlined in the Buyers’ Terms and Conditions, Clause 8: Faults, Problems With Your Order And Returns.
• We encourage you to contact us if you are unsatisfied with your purchase or booking. Send full written details by email to contact@nadinsart.com. We will work with you and the Artist to resolve the issue within 30 days.
• We, Buyers, and Artists agree to work together in good faith to settle any complaint or dispute.
• Our inaction on a breach does not constitute a waiver of our rights to enforce these Terms and Conditions.

14. GENERAL TERMS

• User rights and obligations (including Buyers and Artists) cannot be transferred, sold, assigned, delegated, conveyed, rented, subcontracted, or shared.
• We reserve the right to transfer, sell, assign, delegate, convey, rent, subcontract, or share any part of our rights, duties, obligations, or the provision of the Website.
• These Terms and Conditions do not create a partnership, joint venture, or agency relationship between any User and us.
• Waiver: No express or implied waiver by us in enforcing any of our rights under this agreement prejudices our rights to do so in the future.
• Force Majeure: We will not be liable for any delay or failure to perform our obligations if caused by events beyond our reasonable control, including acts of God, accidents, war, fire, strikes, lockouts, communication failures, breakdowns, or shortages of raw materials. We will be entitled to a reasonable extension of our obligations in such cases.
• Invalidity and Severability: Each clause or part of these Terms and Conditions is independent. If any clause or part is found to be unenforceable or invalid, it will be severed without affecting the enforceability or validity of the remaining Terms and Conditions.
• Governing Law: These Terms and Conditions will be interpreted and enforced in accordance with the Kingdom of Spaine law and subject to the exclusive jurisdiction of the Kingdom of Spaine courts.