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 Terms of Service and Vendor Policy

Terms of Service

Welcome to Near Buy Art. Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.nearbuyart.com website operated by Near Buy Art (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Vendor Memberships

Vendor memberships are billed on an annual subscription basis (“Subscription(s)”). Vendors must comply with our Vendor Policy.  Failure to comply with Terms of Service or any of Near Buy Art’s policies may result in immediate termination of vendor membership without refund.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Near Buy Art.

Near Buy Art has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Near Buy Art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services including third party payment processing sites such as Paypal and Stripe.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Buyer And Vendor Responsibilities

Near Buy Art is a multi-vendor marketplace. Artist vendors post product information or provide the information to Near Buy Art to post. We cannot guarantee the accuracy or completeness of product information. Buyers and vendors are responsible for determining the quality and legality of items sold on Near Buy Art. We are not liable for any loss, financial or otherwise, that may occur as a result of buying or selling items on Near Buy Art.  If an item is picked up from a vendor, it is the responsibility of both the vendor and buyer to make reasonable arrangements so that the pick up of an item is done at a safe location and time of day. Further vendor responsibilities are outlined in our Vendor Policy.

Limitations of Liability

Near Buy Art Services are provided “as is” and “as available”. You agree not to hold us responsible for what users post or do. You also agree not to hold us responsible for delays, inaccuracies, downtime or breaches of security in the payment processing of third parties such as PayPal and Stripe

If in any case we are found to be liable, our liability to you or any third party is limited to the greater of (a) the annual membership fee (b) product price of item purchased and (c) 125 Canadian Dollars.

Privacy

By using Near Buy Services, you agree to the collection, transfer, storage and use of your personal information by Near Buy Art. When you purchase a product, the vendor selling the item will receive your shipping address, email and phone number for the purpose of shipping your item or arranging local pick up. It is the vendor’s responsibility to use personal information only for connecting the buyer with his or her purchased product. If a vendor misuses personal information of a buyer for another purpose, the vendor may be blocked from using Near Buy Art to sell products and the buyer agrees not to hold Near Buy Art liable for any misuse of personal information by a vendor. Your personal information will not be sold to third parties by Near Buy Art. If you opt in to an email newsletter, you will be able to opt out at anytime.

Contact Us

If you have any questions about these Terms, please contact us.

 

Vendor Policy

By registering for a Near Buy Art vendor membership, you agree to Near Buy Art’s vendor policy and terms of service. We want Near Buy Art to be a fun, safe and useful place for artists and artisans (referred to as vendors) to sell their products. To ensure that everything goes smoothly for everyone including vendors and customers, we need to lay down some ground rules. Don’t worry, the rules are made with you, the artist/artisan in mind.

 1. Who Can Sell on Near Buy Art?

Near Buy Art is a regionally-focused online marketplace. Vendors must be be living in Grey County and Simcoe County, Ontario, Canada (referred as Grey and Simcoe Counties).

2. What Can You Sell?

Vendors can sell 2d and 3D visual art, hand-made crafts, written works such books, and tickets to artistic events or tours that are exclusive to the Grey and Simcoe County area. The vendor’s product(s) must be made or produced the Near Buy Art South Georgian Bay Service Area within Grey and Simcoe Counties. If the product is for an event or tour, it must be held or originate in the Near Buy Art South Georgian Bay Service Area within Grey or Simcoe County. In cases of a tour, the tour participants must not travel beyond 50 km from the point of origin.

3. What Can’t Be Sold?

Near Buy Art expects sellers to take responsibility for selling safe, legal, quality, genuine, artistic products. That being said, there are a few things that have no place on Near Buy Art. These include items or services that are solely produced outside of Grey or Simcoe Counties with no creative elements added by the vendor who lives in the Near Buy Art South Georgian Bay Service Area of Grey or Simcoe Counties. Near Buy Art does not allow vulgar or obscene products, products that are offensive or discriminatory to any group of humans or products that are defamatory or harassing to any individual.. We believe in products that inspire the best in all of us. We reserve the right to judge products as offensive and the right to ban and remove such products from the site.

4. Rules for Vendor Profiles and Product Listings

By being a vendor on Near Buy Art, you agree to provide honest, accurate descriptions of yourself and your products. Products may not infringe on intellectual property rights or copyrights of others and it is the responsibility of the vendor to ensure that such rights are not violated. Product images must be original photographs taken of products produced by the vendor. No stock images or images taken from other sites are allowed. If the product is customized or represents one product of many that will have variations, the vendor must clearly state the possibility of variation from image shown in the product description.

Vendors may provide external links to their own websites and social media accounts, but may not explicitly encourage site visitors to purchase products listed on Near Buy Art off-site. (After all, we worked hard getting the customers here. We are thrilled if customers want to find out more about you and your products, even if that includes going off-site. We just want a fair shake at selling the products you have listed on Near Buy Art).

Vendors agree to give Near Buy Art the right to use images and videos of their products and themselves, without limitations, to sell products on the website, to promote sales and other activities to grow and promote Near Buy Art as a business. Product images and videos of product and vendors will be obtained through art photography events arranged by Near Buy Art or provided by the vendor.

If any portion of the proceeds from the sale of a product is donated to a charity and the charity is listed in the product description and/or the vendor profile, the vendor must receive permission from the charity.

By registering for a vendor membership, you are agreeing to treat customers with respect and courtesy. Not just because we want them to come back, but because we believe that is the right way to treat people. Near Buy Art reserves the right to ban or remove vendors who do not reflect our values of respect and courtesy. Any disputes that cannot be handled amicably between vendor and customer should be referred to Near Buy Art by contacting Near Buy Art within 24 hours. Near Buy Art must also be made aware of any refund requests by a customer or any order cancellations by a vendor within 24 hours of said refund request or order cancellation.

5. Be safe. Be responsible.

Vendors take responsibility for selling safe products and for compiling with any legislation regarding the sale of their product including licenses, adhering to regulations and compiling with tax laws.

Vendors agree to protect the privacy of customers by not sharing any personal information or using that information in a manner that violates privacy laws. This includes not adding a customer to an external email list or contact database without express permission from the customer.

If the transfer of the product is to take place through pick up by the customer or delivery by the vendor, it is the vendor’s responsibility to ensure the transfer of the product to the customer takes place at a time of day and in a location that is safe for both the vendor and customer. We discourage customers and vendors from entering private residences when transferring goods.

6. Have fun.

Buying and selling art should be a fun activity for all involved. Remember that – and have some fun. (Okay, this is not an official policy item, but it should be).