Dealer's Terms of Use

Interpretation
Acceptance of Terms
Registration and Eligibility
Dealers' Obligations
Pricing
Platform's Obligations
Dealer’s Rights
Payouts
Platform’s Rights
Limitation of Liability
Termination
Governing Law

These terms of use serve as a legally binding agreement between Dealers and Mironova Art. Dealers must read and agree to these terms before using the Platform.

Mironova Art welcomes Dealers, including but not limited to galleries, shops, and individual Dealers joining our esteemed Platform. These terms delineate the obligations and rights of Dealers engaging with the Mironova Art Platform.

I. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of this Dealer's Terms of Use:

Mironova Art (referred to as either “Mironova Art”, “We”, “Us” or “Our”) refers to NobleArts OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152.

Products refer to the items offered for sale on the Platform.

Order means a request by You to purchase Products from the Platform.

Platform refers to the Mironova Art online Platform, accessible from www.mironova.art

Service refers to the Services provided by Mironova Art through the Platform, including but not limited to all functions and features accessible through the Platform.

Creator means an individual or a corporate entity intends to sell items that have been personally designed and manufactured, and for which holds exclusive copyright.

Dealer means an individual or a corporate entity intends to sell items designed and manufactured by others.

User (referred to as either “You”) refers to the individual or a legal entity accessing or using the Platform. When you visit the Platform, you become our user.

We divide the Users into categories so you can easily find details about the processing of your personal data.

Sellers – users, who sell goods on the Platform (Creators and Dealers), both individual and corporate entities.
Clients – users, who buy goods on the Platform.
Platform users – users, who visit and use our Platform.

By using the Platform you make these Terms valid and mutually binding for the parties, and you declare and warrant that:

you have read and understand the Agreement and hereby agree to be legally bound by and to comply with these Terms in full;
you have full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use Platform exclusively with the involvement of a parent or guardian);
you are duly authorized to act on behalf of the legal entity you represent (if applicable);
according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access or use the Platform;
you comply with these Agreement and all applicable laws and regulations;
you have the property rights to the products you sell or the appropriate permissions to carry out such actions on the Platform.

II. Acceptance of Terms

By utilizing the Platform, Dealers acknowledge and agree to comply with these Terms of Use, governing their interaction with the Platform. It is essential to carefully review these terms before engaging with the Platform.

These Dealer's Terms of Use and any operating rules and policies posted on the Platform, including Mironova Art Terms and Conditions, Creator's Terms of Use, Dispute Resolution Procedure, Shipping Policy, Return and Refund Policy, Privacy Policy, Content Guidelines constitute the entire legally binding agreement and understanding between us and our users, governing your access to and use of Platform (“Agreement”).

III. Registration and Eligibility

a. To be designated as a Dealer within the Mironova Art platform you, either as an individual or a corporate entity, intend to sell Items, designed and manufactured by others. In simpler terms, you exclusively sell these Creations without directly contributing to the design and/or manufacturing process.

b. Dealers must provide accurate and complete information during the registration process to become a registered entity and gain access to all Services on the Platform.

c. Dealers must be of legal age (18 +) or have parental consent to use the Platform.

c. Dealers engaging with the Platform must comply with local laws and be authorized to conduct business in their respective jurisdictions.

d. Eligible Dealers must not be based in the following countries: Iran, Iraq, North Korea, the Russian Federation, Lebanon, Libya, Belarus, Afghanistan, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, Zimbabwe, Congo, Liberia, Cuba, CAR, DRC, Haiti, Eritrea, and Turkmenistan.

It is worth mentioning that the Platform will not be accessible from the above-mentioned countries. At the same time, Mironova Art may, at its own discretion, provide Services to the above-mentioned countries’ nationals (including considering their candidacy as Sellers), given they reside outside the specified destinations and have no affiliation with any political organizations from those nations.

IV. Dealers' Obligations

a. Dealers must upload and list only original and legally owned Items that comply with the Content Guidelines established by Mironova Art.

b. Dealers are responsible for ensuring that their listed content, descriptions, pricing, and images meet the Platform's Content Guidelines.

c. Dealers pledge to promptly transfer the Product sold and the corresponding Product's copyrights into the ownership of the Client by dispatching the Item through trusted delivery services within 5 (five) working days of the sale.

d. Dealers agree to comply with applicable tax laws and regulations regarding sales, income generated, or any tax obligations arising from transactions facilitated through the Mironova Art Platform.

e. Respectfully communicate and collaborate with the Platform's staff and other users at all times.

f. Regularly update their inventory with new Items for sale, ensuring up-to-date Product descriptions and relevant information.

g. Maintain accessibility via the provided registration contact information and diligently check and respond to messages received through the Platform.

h. Ensure that sold Items are shipped off according to the Packaging Procedure.

i. Comply with the Platform's policies regarding user privacy, handling personal information with care and confidentiality.

j. Ensure the quality and condition of sold Items, providing accurate descriptions and managing Client expectations.

k. In the event of disputes or conflicts with Clients or users, Dealers agree to cooperate with the Platform's Dispute Resolution Procedure in good faith.

l. Dealers commit to ensuring Product availability for Items listed on the Platform and promptly updating inventory status or removing listings that are no longer available for sale.

m. Dealers undertake to stay informed and adapt to any updates or changes made to Platform policies, guidelines, or terms of use communicated by Mironova Art.

n. Dealers shall refrain from engaging in any unlawful activities while utilizing the Mironova Art platform.

o. Dealers agree to transparently communicate any additional policies, terms, or conditions applicable to their sales, ensuring clarity for Clients before completing transactions.

p. Dealers pledge to conduct sales and business practices ethically, avoiding deceptive marketing tactics, false claims, or misleading information related to their Products or services.

q. Dealers strive for continuous improvement in their offerings, customer service, and overall business practices to enhance the Client’s experience on the Mironova Art platform.

r. Dealers commit to fostering a positive public image of Mironova Art and agree to refrain from any actions that could potentially damage the Platform's reputation.

s. Dealers undertake to cultivate a welcoming atmosphere within the Mironova Art platform, embracing the principles of inclusivity, transparency, and mutual support.

V. Pricing

a. Dealers undertake to offer products for sale on the Mironova Art platform at prices identical to those at which the same goods are sold by the Dealer outside the Mironova Art platform, including both online resources and offline sales methods. If it comes to light that the Dealer is selling goods on the Mironova Art platform at prices higher than those at which the same items are sold outside the Platform, the Dealer may be subject to sanctions.

Such may include:

i. Immediate termination of the Dealer's account without the possibility of its restoration in the future.

and

ii. Imposition of a fine of up to 50% of the value of goods sold by the Dealer on the Mironova Art platform, whose value was found to be lower when sold by the Dealer via other online resources or offline methods.

iiI. Permanent transfer of the Dealer's earnings held in possession of Mironova Art into the ownership of Mironova Art.

VI. Platform's Obligations

a. Mironova Art provides a platform for Dealers to showcase and sell their art and other Products to a global audience.

b. The Platform will handle transactions securely and provide necessary support to Dealers regarding sales, inquiries, and technical issues within a reasonable time frame.

c. Maintain confidentiality of the Dealer's personal data and sales data as per the Privacy Policy.

d. Promote and market the Dealers' offerings through strategic marketing efforts to maximize visibility and reach.

e. Ensure timely and accurate payouts to Dealers following the specified 14-day return period, initiating payouts within 14 upon request, providing transparent details of fees and earnings.

f. Provide comprehensive technical support to Dealers for a seamless experience on the Platform.

g. Address and resolve emerging issues, conflicts, or disputes efficiently, prioritizing fair resolutions for all involved parties.

h. Implement robust security measures to safeguard the Dealer’s data, financial information, and intellectual property against unauthorized access or breaches.

i. Conduct regular updates and maintenance to ensure Platform stability, functionality, and security.

j. Provide a clear mechanism for dispute resolution between Dealers, Clients, and other involved parties.

k. Uphold quality standards for listed Items before showcasing them on the Platform.

l. Offer accessible features and comprehensive user support to assist entities in navigating the Platform.

m. Operate in compliance with relevant laws and regulations concerning e-commerce, data protection, and consumer rights.

n. Undertake marketing and promotional efforts to showcase and highlight the entity's work to potential Clients.

o. Strive for continuous improvement, introducing new features or tools that benefit entities and enhance their experience on the Platform.

VII. Dealer’s Rights

a. Dealers have the right to request and receive payouts of their earnings after the 14-day return period has passed.

b. Dealers retain ownership of their original content uploaded or displayed on the Platform until sold.

c. Dealers have the right to set prices, choose shipping methods, and manage their listings as per the Platform's guidelines.

d. Access sales reports, analytics, and relevant data regarding their listings on the Platform.

e. Retain the right to remove items from their catalog, ensuring an adequate inventory remains available for purchase.

f. Maintain control over the pricing, descriptions, and presentation of their artworks or products listed on the Platform.

g. Have the right to control and manage their personal data and information shared on the Platform as per the Privacy Policy.

h. Expect fair treatment, free from discrimination or bias based on factors such as race, gender, religion, or nationality.

i. Receive constructive feedback and reviews from Clients and users in a respectful and professional manner.

j. Receive prompt and knowledgeable support from the Platform's staff regarding technical issues, account management, or inquiries.

l. Expect a fair and impartial dispute resolution process facilitated by the Platform in case of disputes or conflicts.

m. Dealers have the right to request and receive payouts of their earnings after the 14-day return period has passed.

VIII. Platform’s Rights

a. Mironova Art reserves the right to levy commissions on sales conducted through its Platform in accordance with the Commission Chart.

b. The Platform has the right to display, promote, and market the Dealers' content on the Platform and associated marketing channels.

c. Utilize aggregated, non-personal data for analytics, research, and marketing purposes.

d. Suspend or terminate a Dealer’s account if it violates any of the Mironova Art policies.

e. Moderate and remove content that violates community guidelines or infringes upon intellectual property rights.

f. Reserve the right to adjust fees, commissions, or charges for its Services as per Platform policies.

g. Modify or discontinue certain features or functionalities of the Platform, providing notice to users as per Platform policies.

h. Retain certain data or information related to user activities and transactions for a reasonable duration as per legal requirements.

i. Enforce terms of use, policies, and agreements to ensure compliance by users, maintaining the integrity of the Platform.

j. Select and engage in partnerships or collaborations aligning with the Platform's goals, vision, and community interests.

k. Use user-generated content for promotional purposes within the scope of the Platform's marketing and advertising efforts.

l. Amend, update, or modify Platform policies, terms, or agreements with prior notification to users and adherence to legal standards.

m. Use user feedback and suggestions to enhance Platform features, Services, or user experience for continuous improvement.

n. The Platform reserves the right to limit access to or delete a Dealer’s account at any time, without prior warning and for any reason deemed reasonable.

IX. Payouts

a. The Platform will ensure timely and accurate payouts to Dealers following the specified 14-day return period, initiating payouts within 14 upon request, providing transparent details of fees and earnings.

b. If a promotional discount is offered, it will be applied to reduce the price of the Order before the standard split between Mironova Art and the Seller is determined.

X. Limitation of Liability

a. The Platform shall not be held liable for any losses, damages, or disputes arising from transactions between Dealers and Clients on the Platform.

b. Dealers acknowledge that the Platform acts as a facilitator and is not responsible for the quality, condition, or authenticity of Products sold.

c. Shall not be held responsible for the functionality, reliability, or consequences related to any third-party services or links accessed through the Platform.

d. Shall not be held responsible for any disruptions, interruptions, or losses caused by external factors, including technical issues or force majeure events.

e. Mironova Art does not guarantee the accuracy, completeness, or reliability of user-generated content or information provided by sellers or third parties.

f. Under no circumstances shall the total liability of the Platform exceed the losses incurred by the user in connection with the current conflict situation.

g. Dealers agree to indemnify and hold the Platform harmless from any claims, losses, liabilities, or expenses arising from their use of the Platform.

h. The Platform disclaims all warranties, express or implied, regarding the use, availability, or performance of the Platform.

i. While the Platform takes reasonable measures to safeguard user data, it does not guarantee absolute security against data breaches or unauthorized access.

XI. Termination

a. The Platform reserves the right to suspend or terminate a Dealer’s account at its discretion, without prior notice, for reasons including, but not limited to:

Your use of the Platform violates these Terms or any Mironova Art policies;
You fail to provide required information, or the information provided is false or misleading;
Your conduct towards Our staff or other Users is inappropriate or abusive (e.g., insulting our staff);
You have seriously or repeatedly breached these Terms and have not rectified the issue within a reasonable period;
We are legally obligated to take such action.

b. Creators may terminate their accounts and remove all listed Items by submitting a written notice to the Platform.

Upon termination of these Terms, all rights, permissions, and licenses granted under them will immediately be revoked.

All account data and purchase history associated with your account will be permanently deleted following the account termination.

XII. Governing Law

These terms of use shall be governed and construed in accordance with the laws of Estonia and the European Union without regard to its conflict of law provisions.

Emerging Creators

Experienced Creators

Established Creators

Dealers