Terms of Use

Valid from July 31, 2024

 

Agreements between Trishula.gallery and you

 

Article 1: Terms of Use

Our Terms of Use (‘Terms’ for short) and other documents we mention below are legally binding agreements between you and us. The Terms apply to your use of our website, including any subpages and subdomains of the website, our mobile, tablet, and other smart device apps, our app program interfaces, and all associated services.

Our Terms are the rules that govern browsing, buying, and selling on or through Trishula.gallery. All users of our online marketplace need to accept and are bound by our Terms.

 

How Trishula.gallery works

 

Article 1: Trishula.gallery is an online marketplace

Trishula.gallery is an online marketplace. We connect buyers and sellers of special objects (art objects).

 

• We’re a facilitator, not a seller

Trishula.gallery doesn’t own anything listed or sold on online marketplace. This means our buyers purchase directly from the sellers that list their objects on our online marketplace. The contract of sale is directly between buyer and seller and it’s important for both buyer and seller to fulfil their obligations under the contract of sale. We provide services to buyers and sellers to give them the best experience in buying, and selling on our online marketplace.

• The operator for sending and returning goods may be the operator Art Dependent S.L. at the decisionof the Seller or the Buyer.

 

Article 2: Services and fees

We run an online marketplace that provides different services to buyers and sellers. By using our marketplace, you agree to us providing services to both buyers and sellers.

 

• Sellers pay a seller success fee

The fee for sellers is usually 10% of the purchase price. This excludes VAT (if applicable). We deduct this fee from the payment sellers receive after the sale. We’ll let you know if a different fee applies to you.

 

You and your account

 

Article 3: Your Trishula.gallery account

Before you can bid, buy, or submit an object to sell, you need to create a Trishula.gallery account. Anyone of legal age may create an account.

 

 

• Provide complete info

Provide complete and truthful info about yourself and/or your company. You may not provide false info or impersonate another person and/or company.

 

• Keep your info up to date

You’re responsible for keeping your account info up to date to make sure the sale and shipping of objects runs smoothly. Also keep in mind, we or our payment providers may ask for additional info after you create your account.

 

• Data for reporting obligations

Subject to laws and regulations that apply to us, we may need to collect certain data from you, for example to provide to tax authorities. You confirm that if we request such data from you, you will provide it in a correct and timely manner. Failure to share required data may mean that we can (temporarily) suspend your account.

 

• Info verification

We, and some of our service providers, are under a legal obligation to verify certain data you share with us. This means that we may ask you to complete or correct certain data you have shared with us in case of inconsistency or incorrectness.

 

• Identification

We, our payment providers or any other third party we use in providing our services, may ask you to identify yourself as part of your account registration or to complete a sale. Failure to successfully verify your identity might mean that you cannot register an account,complete a sale or receive your payment.

 

All data provided for reporting and/or identification purposes will be processed in accordance with our Data Protection and Privacy Notice.

 

• Minors

If you’re using our online marketplace as a minor, meaning that you haven’t reached the legal age in your country of residence, we may assume (and rely upon) you having created an account with permission from your parent or legal guardian.

 

• Pick an appropriate username

Your username must be appropriate and not offensive, vulgar, or misleading. It may not infringe on the intellectual property rights or other rights of third parties. We may not accept a particular user name or ask sellers to amend their user name, if it is the same or very similar to that of an existing seller.

 

• Keep your account safe

Keep your username and password secret. You’re responsible for any activity related to your account, including any payment or delivery obligations. We assume that only you can sign in using your username and password. To keep your account secure, we advise you to regularly update your password.

 

• Your account is your responsibility

Your account is your responsibility and you use our online marketplace at your own risk. The same applies to your use of technical means, such as a computer, phone, or internet connection.

 

• Terminating your account

You may terminate your account at any time. However, we have the right to refuse deletion of your account, for example, if you still need to perform certain obligations (such as payment or delivery obligations) towards us or a user.

 

If you terminate your account, it doesn’t automatically mean all your personal data will be deleted. Our Data Protection & Privacy Notice contains more detail on the data that will and can’t be deleted.

 

• Reject account registration

It is at our absolute discretion to reject any account registration to bid or sell on our online marketplace.

 

 

Article 4: Your personal data

We’re dedicated to treating your personal data with care and respect, and processing it responsibly. For more details, you can read our Data Protection & Privacy Notice.

 

 

Buying and selling

 

Article 5: Rules of selling

To maintain the integrity of our online marketplace and to ensure these are free from interference, fraud, and unlawful behaviour, the following rules apply:

 

• Upload appropriate content

You may not post, list, or upload inappropriate content or objects anywhere on Trishula.gallery. This includes but is not limited to material promoting you or your business.

 

• Make sure you can legally use our services

You can only use our services if you’re allowed to form legally binding contracts (for example, if you’re of legal age). You may not use Trishula.gallery if you are temporarily or permanently suspended from using our services. Also, be aware that some objects offered for sale are only available for buying or viewing upon a certain age (e.g. alcohol).

 

• Don’t transfer your account

You may not transfer your account (including feedback) or user ID to another party without our consent.

• Keep user info private

You may not harvest or otherwise collect info about other users, such as email addresses, without their consent.

 

• Use contact info mindfully

You can only use the contact info of other users in relation to a specific transaction on our online marketplace.

 

 

• Side deals between users are not allowed

Buyers and sellers registered on our platform are prohibited from making a sales agreement which avoids seller success fees or that negatively impacts other users. We can take certain measures if this happens. If another user asks you to complete a transaction outside of Trishula.gallery, please let us know.

 

• Payments need to be legal

You may not participate in the purchase if you’re directly or indirectly involved in money laundering or terrorist financing, or are subject to any economic sanction laws.

 

• Respect intellectual property

It’s important for you to respect the intellectual property rights (including copyright, trademark, patent, moral, database, and others) that belong to or are licensed to Trishula.gallery. You must also respect the intellectual property rights of other users and third parties affected by your use of our services.

 

• Report unlawful material

If you think that certain user material is unlawful, we kindly ask you to report this to us. We are only obliged to remove unmistakably unlawful user material after being notified. We may refuse a request to block, remove user material, or discontinue an activity if we have concerns about the validity of the notice or the legitimacy of the evidence submitted.

 

• Harming our infrastructure is not allowed

You may not perform any actions or use any software such as viruses, Trojan horses, worms, bots, or other software or technical tools that can harm the operation and infrastructure of our online marketplace. This includes reverse engineering, trying to obtain the source code, making our marketplace inaccessible, or circumventing technical protective measures.

 

 

Article 6: Contract of sale

You can find the template for  contract here. Make sure to read this contract carefully.

 

• Rights and obligations

The contract of sale determines the rights and obligations of both buyer and seller. For the buyer, the most important obligation is to pay the purchase price and all related costs such as shipping. For the seller, the most important obligation is to carefully ship or transport the object to the buyer.

 

• Amending the contract of sale

If both buyer and seller agree, you can amend the contract of sale, as long as the changes follow the law and are in line with our Terms and policies. Our Terms always prevail in case of conflicts.

 

• We aren’t a party to the contract of sale

We aren’t directly involved in the contract of sale but if there’s a conflict, we’ll use reasonable efforts to provide a solution and in exceptional cases we can also cancel the contract of sale (see Article 11).

 

• Failure to fulfil obligations

If the buyer or seller doesn’t fulfil their obligations under the contract of sale, the other party – or we on its behalf – can send a notice of default including a reasonable deadline to fulfil the obligations.

 

If, after this deadline, obligations still aren’t fulfilled and/or can no longer be fulfilled by the defaulting party, the other party – or we on its behalf – can cancel the sale.

 

• Cancellation

If a sale is cancelled, then the contract of sale is cancelled. If a user or us cancels a sale, in most cases the buyer must ship the object back to the seller to receive a refund of the purchase price.

 

The party that is at fault is, in most cases, also responsible for any costs and damages caused by not fulfilling their obligations under the contract of sale. This includes any costs for measures we or the party that is not at fault take to try to continue with or cancel the sale. In these cases, we can also claim the Buyer Protection or seller success fee from the party at fault.

We may, but are never obliged to, send a notice of default and/or a notice of cancellation on behalf of a user.

 

Avoiding and resolving problems

 

Article 7: Claims with other users

We work hard to make sure sales run smoothly, with both buyers and sellers satisfied. However, in exceptional cases, a buyer or seller might ask us to open a claim, for example if the object a buyer bought isn’t as the seller described.

 

 

• We may provide a solution for claims

If we’ve opened a claim and you and the other user can’t agree on a solution, we’ll use reasonable efforts to help resolve the claim. This means we can decide on a fair solution, including fully or partially refunding the buyer or paying the seller.

 

If you use our online marketplace, you agree that we can come up with solutions for claims. You also agree to follow our instructions during a claim, for example if we ask you to send photos or contact the shipping company.

 

If you disagree with our solution, you can try to find a different solution with the other user involved. If that happens, we won’t help with the solutions you discuss together. Also, we may still decide to continue with the solution we initially proposed. For example, we can decide to refund the buyer or pay the seller.

 

We’ll always keep you informed about the solution and what’s expected of you.

 

 

• Contacting us after 3 days after receipt

If you don’t contact us in time, we might still be able to resolve the claim, but in most cases it will be more difficult to find a solution because the seller will have already been paid. If you contact us 1 month or more after receiving the object, we usually can’t open a claim and you will have to turn directly to the seller.

 

• Limitations to our reasonable efforts to resolve a claim

Because we can only virtually assess objects, in finding a solution some aspects are outside of our control. For example, we can’t verify with complete certainty whether an object is as the seller described. But we collect evidence, like detailed photos and info, to keep the process as fair as possible.

 

 

Article 8: Disputes between you and us

If you’re unhappy with our services or if you’re in violation of our Terms, we’ll try to find a solution. If we can’t find a solution, you or we may seek resolution in or out of court.

 

 

• Report complaints about us within 6 months

If you have any complaints about us, especially if you feel we aren’t fulfilling our obligations, let us know in writing within 6 months of the issue occurring. If you report beyond this time, we’ll qualify your complaint as lapsed and it can no longer be invoked against us.

 

• We may offset claims

We may direct debit or offset any financial claim we have towards you with a financial claim you have towards us.

 

• We may seek refund reimbursement from a buyer

If a buyer receives an incorrect refund, the buyer will need to reimburse us for the full refund amount (including any penalties and costs). We’ll always let the buyer know if they need to reimburse us.

 

An incorrect refund includes:

• Receiving a refund and a chargeback on their credit
• Receiving a refund but refusing to ship the object back to the
• Receiving a refund, despite having received their object as described by the seller.

 

• Limitation period

Any dispute against us, including but not limited to disputes for damages or relating to undue payment or the fulfilment of obligations, will lapse after a 12-month period after being reported.

 

This 12-month period also applies if you’ve reported a dispute and we (or a third-party service provider) have asked you for more info or details, like bank account details to send you a payment. If you don’t respond within 12 months, we’ll qualify the dispute as lapsed. We’ll send you reminders to respond before the 12 months are up.

 

• Applicable law and jurisdiction

The Terms, your use of our online marketplace, and any disputes that arise from this are exclusively governed by English law.

 

Any disputes between you and us following from your use of our online marketplace or these Terms will be submitted to the competent court in Moscow. If you’re a consumer and consumer law allows, you can submit to another court. You’ll need to choose an alternative court within 1 month of notifying us about the dispute. If you don’t do this within 1 month, the competent court in Moscow will have exclusive jurisdiction.

 

• We may take protective measures

During the dispute process, we may take the protective measures explained in Article 9.

 

Article 9: Keeping our marketplace safe

If we notice irregular or suspicious situations that put the reliability or integrity of our platform at risk, if we reasonably consider that there is abuse of the system, fraudulent activity or another reasonable reason or where a manifest error becomes apparent in case of a user dispute and/or if we’re trying to resolve a claim, or if a user violates our

 

Terms, we may take certain measures. If this happens, you’ll need to comply with any and all reasonable instructions and solutions we provide.

 

• We may limit your participation

We may temporarily or permanently suspend your bidding or selling capacity. Where possible, we’ll let you know why. We may also remove any special status associated with your account or terminate any agreement between you and us.

 

• We may limit access to your account

We may disable or deactivate your account at any time during the sale or limit your ability to access or update your account settings.

 

 

• We may take protective measures

If you’ve violated our Terms, particularly if you haven’t fulfilled your obligations under a contract of sale, we may suspend, withhold, or reverse payments or refunds to you.

 

We may use these and other protective measures to keep Trishula.gallery safe and fair from infringing, fraudulent, or otherwise inappropriate behaviour or to comply with any applicable laws. Examples of behaviours we may take protective measures against include repeatedly making false and unjust claims or refusing to ship objects you’ve sold on our online marketplace.

 

Practicalities

 

Article 10: The nature of an online marketplace

Running an online marketplace means availability, security, and functionality are different from an offline marketplace. Because of this, there are some situations we can’t control or actions we need to take to keep Trishula.gallery safe and fair.

 

• Availability

We may make changes to our online marketplace at any time. For example, to:

 

• Correct any errors or omissions in any portion of our online
• Test new features or make changes to existing
• Make any changes to the functionality or content of our online

 

We may also pause or stop the operation of parts or all of our online marketplace. For example, if we need to do maintenance. We can’t guarantee that our online marketplace or any of its features will be available at any particular time or in any particular location or for a particular user.

 

• Security

We have a dedicated security team who monitor our marketplace for threats and proactively work to keep it safe. However, we can’t guarantee we won’t experience a security breach, for example hacking attempts or viruses.

 

• Functionality

We do our best to listen to your feedback and consistently improve. But we can’t guarantee our online marketplace will be free from errors or that it will meet your expectations.

 

• Independent users

Our users are independent. This means we can’t guarantee the truth or accuracy of seller’s user material, listings, or feedback, the ability of sellers to sell objects, the ability of buyers to pay for objects, or that a buyer or seller will actually complete a transaction or return an object.

 

• Your expectations

We can’t guarantee that the results of using our online marketplace will meet your expectations. For example, we can’t guarantee that your object will sell or will sell for a price that meets your expectations.

 

• No liability

We can’t be held liable for issues that are outside of our control or for actions we take to keep our marketplace safe and reliable. This includes, but is not limited to, any damages caused by:

 

• Actions that go against our Terms and unlawful use of our
• The provision of our services and our online marketplace, including but not limited to your use of our
• False or inaccurate account info, not sharing any info or data we ask
• Your bidding, buying, or selling of objects on our online
• Your sending or returning of
• The accuracy of our estimates, the event that objects are valued at or sold for more or less than the estimated
• Errors in object descriptions caused by (machine)
• Any user material we might remove or
• The performance, conclusion, cancellation, or termination of the contract of sale, including the enforcement of our rights under the contract of sale.
• The condition or functioning of objects bought on gallery.
• Any reasonable measures we take to resolve claims or keep our marketplace safe and fair, including any solution provided to resolve a claim (see Article 7 and Article 9).
• Errors in any of our published text. For example in our help centre or our Terms and policies.
• User material or communications that are incorrect, unlawful or infringe on the rights of third
• Your use of the services of third-party service
• Unavailability, technical problems, or other issues that limit your access to our marketplace.

 

• Limitation of liability

If despite the above we are held liable for any (wrongful) act or omission, we can only be liable for direct damages.

Direct damages only includes actual (financial) loss, and reasonable costs incurred to prevent or limit damage or investigate the cause of damage. We can’t be held liable for indirect damages, for example through lost income, lost profits, reduced revenues, or standstill loss.

 

In cases where we are liable, our liability is capped at the fees we charged you in the preceding 3 months of the event leading to the liability or €500, whichever is lower.

 

This limitation of liability also applies to our management, directors, experts, and other employees, representatives, and legal successors.

 

This does not exclude our liability for gross negligence or wilful misconduct committed by us or for damages resulting from injury to life, body, or health.

 

• Non-enforcement

If we for any reason choose not to enforce any part of our agreements with you, it does not mean we waive those or other rights we have under our agreements.

 

 

Article 11: Amending our Terms

We may amend parts or all of our Terms, policies, guidelines, and help centre at any time by publishing the amended info on our online marketplace. If an amendment of the Terms significantly affects your rights or obligations, we’ll email you or bring the changes to your attention when you use our online marketplace or impacted services.

 

• Accepting the amended Terms

If you continue to use our online marketplace after the Terms have been amended or supplemented, you irrevocably accept the amended or supplemented Terms.

 

• Rejecting the amended Terms

If you do not wish to accept the amended or supplemented Terms, you cannot continue using the online marketplace and we will have to delete your account.

 

Severability

If any parts of our Terms are void for any reason, you’re still bound by the rest of the Terms. We’ll aim to replace void parts of the Terms with the correct info as soon as possible. The updated parts of the Terms will have the same legal consequences as the void parts they’re replacing.

 

• Transferring rights to a third party

We may transfer rights and obligations that follow from these Terms to third parties. By accepting these Terms, you accept such transfer of rights.

 

 

Article 12: Reviews and contact

 

• Contacting other users

After you’ve bought or sold an object, you can use our internal messaging system to communicate directly with the other user. This system is a great way to arrange the delivery or pickup of an object, or for buyers to ask questions about the object.

 

• Be respectful and follow the rules

 

You may not use the internal messaging system, the review system, or any other form of communication to:

 

• Send unsolicited advertising or promotions, requests for donations, or
• Insult, harass, or discriminate against other users or our
• Enter into an agreement with a user outside of our online marketplace, with the aim of avoiding Buyer Protection and seller success

 

• Contacting us

If you have questions about our online marketplace, our services, or our Terms, or if you’re experiencing technical issues, our experienced in-house support team is on hand to assist you. We try to get back to you in a timely manner and, where possible, provide you with an answer or solution.