TERMS AND CONTIDIONS
These terms and conditions are intended to establish the bases of the relationship that Saisho will have with each of its users who register and/or purchase a service or product on http://www.saishoart.com. or any of its subdomains (hereinafter the SITE). Saisho reserves the right to modify the Terms and Conditions of Use and notify all parties via update of the Terms and Conditions of Use uploaded on the saishoart.com platform.
What is Saisho?
- Saisho is an online art market that brings art to buyers interested in training and in original, unique and quality works of art, valued according to understandable and objective market criteria and with the possibility of reselling the revalued work in the future on the same platform.
- What are Saisho’s goals?
- 1. Promote the collecting of original works of art, opt for a premium product within the art world to the detriment of so-called commercial art, in line with current global consumer trends.
- 2. Create, train and educate a base of consumers who perceive art as an investment in an organized, financially valuable, liquid and transparent market, and who dare to invest in works of increasingly greater value derived from it.
How to buy a work or a training program in Saisho?
- To place an order, the Buyer must select the Work or service of their choice, place it in their cart and provide the personal information necessary to place the order. Before validating the order, the Buyer must check the information that appears in the order summary, and can correct any possible errors in the inserted items, as well as read about the shipping costs.
- Also, if you need an artistic and/or financial advisor, Saisho puts its advisory team at your disposal to be able to propose alternatives and find the piece or pieces that best suit what you are looking for. You can request this service at soycoleccionista@saishoart.com or by filling out the following form https://www.saishoart.com/arte-para-invertir
- In the event that, due to circumstances of force majeure or due to any incident attributable to Saisho, the Work is not available after the purchase has been made, Saisho will inform the Client by email of the total or, where applicable, partial cancellation of the order. . In the event of total cancellation, the total amount of the order will be refunded and in the case of partial cancellation, only the price of the Works or Services not available will be refunded.
- User understands and agrees that Saisho uses commercially reasonable efforts to display the colors of original works of art, digital works, and printed works as accurately as possible through the Site. However, because color may vary depending on the device, monitors or operating system that the user uses, the color of the displayed work may vary from the original color. Therefore, Saisho is not responsible for the accuracy of the colors of the original works of art, digital or printed that appear on the Website and disclaims all liability in this regard.
Saisho payment system
- Saisho offers you various payment methods in a secure environment facilitated by the best payment gateways in the world. You can pay with your credit or debit card through Stripe, a payment gateway with 100% security guarantee and globally proven. Likewise, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol.
- The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the Client’s computer and that of the Website.
- In this way, using the SSL protocol guarantees: a. that the Client is communicating their data to the Saisho server center and not to any other. b. that between the Client and the Saisho server center the data is transmitted encrypted, preventing its possible reading or manipulation by third parties.
- Likewise, Saisho states that it does not have access to or store sensitive data related to the payment method used by the Client. Only the corresponding payment processing entity has access to this data for the purpose of managing payments and collections. You can also purchase through Apple and Google Pay, and if you need to pay through bank transfer you can contact soycoleccionista@saishoart. com to provide you with the required bank details.
- Refunds will always be made through the same payment system used and to the same card or account number from which the payment was made.
Prices and costs
- The sale price of the Works of Art appears on the Site in euros and includes all taxes (VAT and Customs). Shipping and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the delivery location. Transportation costs will be communicated associated with each purchase and will be incorporated into the purchasing process. If the buyer requires additional services such as assembly, specific framing…they can write to soycoleccionista@saishoart.com to request a quote for these services.
Order confirmation
- The delivery of the works is made to the address provided in the order summary form, during business hours and in accordance with the procedures established by the carrier chosen when placing the order. In order to optimize the delivery process, the address indicated by the Customer must be an address to which delivery can be made within normal business hours.
Delivery
- The delivery of the works is made to the address provided in the order summary form, during business hours and in accordance with the procedures established by the carrier chosen when placing the order. In order to optimize the delivery process, the address indicated by the Customer must be an address to which delivery can be made within normal business hours.
- If at the time of delivery of the Product to the indicated address, the Customer is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If, after ten (10) calendar days from the date of the notice, the Client has not contacted the carrier to arrange a new delivery date, the Works will be returned to the artist and the Client will be responsible for the shipping costs. shipping and return, as well as possible associated management costs.
- Saisho will not be responsible for errors or damages caused in the delivery when the delivery address entered by the Client does not match the delivery location desired by the Client. Saisho may deliver the same order of Works in several deliveries of different date. At the time of delivery of the order, the Customer must show their identification document to the carrier, sign the delivery note and request a copy of it from the carrier.
- There is no maximum delivery period since it will depend on the locations of the buyer and the work, possible customs stoppages, as well as sometimes the time required for the production and packaging of the work. Saisho does undertake to communicate to the buyer an estimate of the delivery period.
- The Buyer must, as soon as he receives the order, check the condition of the work of art, and mention any reservation immediately and in writing, no later than within 48 hours of receipt so that Saisho can inform the Artist of the status of the order. shipment and take the appropriate measures with the transport company.
Force Majeure
- In accordance with articles 102 and following of the General Law for the Defense of Consumers and Users, the Buyer has a period of 14 days from the delivery of the Work to use his right of withdrawal with the Seller, at no cost. no reason.
- The Buyer may exercise his right of withdrawal before Saisho by sending an email to the following address soycoleccionista@saishoart.com Saisho will then be responsible for managing the cancellation by the Buyer and must process the return within 14 days following the date Saisho was informed.
- The refund is applied to the price of the artwork paid by the Buyer. Saisho will not be responsible for the direct costs and expenses incurred by the Client for those returns of Works in the exercise of the right of withdrawal, therefore the Client will assume the return shipping costs.
- Saisho will check the suitability of the returned Work, reserving the right not to make the refund if it detects that the purchased Work and the returned one do not match or that the return has not been made in accordance with these Conditions.
- Works returned damaged or soiled by the Buyer will not be accepted or refunded, Saisho reserves the right to decide at its sole discretion whether the piece is in its original condition or not. The Work must be in the same condition in which it was delivered and must retain the instructions, documentation, accessories and, to the extent possible, its original packaging and labeling. The return to the Artist must be made using the same box or envelope used in delivery or, failing that, in some similar format that guarantees the return of the Works in perfect condition. The return receipt for the Works must be included in the package.
- The Client will not have the right to withdraw in the cases established in the applicable regulations and, especially, by way of example and not limitation, in the following cases: (i) Works made in accordance with the Client’s specifications or clearly personified; (ii) Digital work, sound or video recordings, computer programs, works unsealed by the Client, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use (iii) Training courses training and specifically everything included in the Saisho program.
Force Majeure
- In the event of a force majeure situation, the execution of the contract may be suspended or, where appropriate, it may be cause for cancellation of the sale. Expressly, cases of force majeure or fortuitous event are considered to be those that are usually recognized by the jurisprudence of the Spanish courts and tribunals, that is, an event that is outside the control of the debtor, which could not reasonably be expected at the time of occurrence. the contract was entered into, and whose effects cannot be avoided by any measures. The party invoking Force Majeure must immediately inform the other party, as well as the termination of the contract.
Intellectual property
- The Seller guarantees that he is the author of the Work transferred and that it does not violate the laws, regulations and standards in force, nor does it affect the rights of third parties. He undertakes to protect Saisho and the Buyer against any action taken by a third party on the transferred work, as part of the guarantee of quiet possession. At the time of sale, the Seller assigns to the Buyer the material substrate of the work of art and its representation rights over the work of art. However, the Seller retains its moral right to the artwork, as well as the rights regarding its reproduction.
Saisho Certificate of Authenticity
- All the works you will find in Saisho are original and unique. To prove this, a Certificate of Authenticity signed by the artist is always delivered along with the work. This certificate serves not only to demonstrate the authenticity of the work but also to be able to carry out the eventual resale of the work in Saisho. Before reselling any work purchased at Saisho, you will be asked to have the Certificate of Authenticity in your possession in order to carry it out.
Saisho Resale System
- With the aim of promoting the view of the purchase as an investment and not as an expense, in Saisho you can put a work previously purchased on the platform for sale. By way of context, this work acquired for the first time by the buyer belongs to the set of works made by an artist in question, which is referenced to the Artist’s Base Price that is updated with each new sale or resale that occurs from a Of his works.
- For example, said buyer can put the work that he acquired 6 months ago for sale at €300 on the platform of a specific artist and said work will have a sales price equivalent to the Base Price of the Artist quoted at that time for a work of those dimensions, this is for example, €550 at that time. At the time the sale of this work occurs, the Artist’s Base Price will increase as if it were a first sale of the work, that is, a fixed percentage over the previous price.
- If the client is interested in selling a piece previously purchased with us, they can contact us at soycoleccionista@saishoart.com so that our advisory team can actively propose the sale of said piece. Saisho’s commission on resale is 15% of the quoted price of the piece on the day the sale is formalized.
Communications between Saisho and the Client
- All communications between Saisho and the Client related to these Conditions or the acquisition of the Works through the Website will be made in writing through the email soycoleccionista@saishoart.com.
Partial nullity
- In the event that any Clause of these Conditions is declared void, the other Clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of said Conditions. The non-exercise by Saisho of any right derived from these Conditions will not be interpreted as a waiver of said right, unless expressly waived in writing by Saisho or prescription of the action that corresponds in each case.
Applicable law and jurisdiction
- These general terms and conditions of sale are governed by Spanish law. Any controversy regarding the validity, interpretation or execution of these General Conditions of Sale will be brought before the courts of Madrid.
Data visible on user website
- Any user registered on the website may appear through his or her username, avatar, nickname… in the list of Saisho collectors or in any other subdomain of the website, preserving any other type of personal or financial information of said user. All information regarding the artists and works in which you have shown interest will be visible (whether adding works to the collection, acquiring pieces, visiting artist profiles or any other browsing action or action that Saisho considers of interest).