Terms & Conditions

USE OF THE WEBSITE

Welcome to the MayinArt Website. By entering our Website, you agree to these terms and conditions. Please review these carefully prior to making any purchases. By using this site you agree to comply with these Terms.

If you do not accept these Terms and Conditions, you must refrain from using our website and services. MayinArt is part of Lyk2buy Pte. Ltd. a Singapore registered company. We can be contacted via email at [email protected]

MayinArt may amend these Terms and Conditions in whole, or in part from time to time. Amendments will be effective immediately upon posting on this website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of our website and our services represents your agreement to be bound by these Terms and Conditions as amended.

MayinArt is an online Gallery set up by Lyk2buy Pte. Ltd. for the purpose of the sale of artworks.

MayinArt provides you with access to and use of the Website subject to your compliance with the Terms and Conditions. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

The Site, including all its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our artists, galleries, partners, or licensors and are protected by patent / trademark and/or copyright under Singapore and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Website in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here.

ACCESS TO YOUR ACCOUNT

In order to be able to make purchases through the MayinArt website, you will be requested to register. The information sought will allow MayinArt to handle your transaction efficiently and effectively.

As payment will be made via Bank Transfer, it is important that you provide all the requested information accurately. This will ensure that there is no delay in the dispatch of your order. The information provided will be treated in the strictest confidence. We do not share any customer data to any third parties and all customer data is held on a secure server.

By making an offer to purchase artworks on our website, you authorize MayinArt to perform credit checks and to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your payment.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

MayinArt may use the information you provide to conduct suitable anti-fraud reviews, the agency involved may keep a record of that information.

We reserve the right to restrict multiple quantities of a specific item as may be the case being shipped to any one customer or postal address.

In case your personal information changes, please notify us by contacting Customer Service on the following email [email protected]

MayinArt may modify these Terms at our sole discretion. If you do not agree to the changes to these Terms, you should stop using this website. By using this website after any such change(s), you agree to comply with the Terms as changed. Any changes made after you have placed an order with us, will not affect that order, unless we are required to make the change by law.

LIABILITY

  1. Transactions are conducted entirely at your own risk. You agree that MayinArt takes no responsibility or liability for any conduct or misconduct of any of its members or galleries who use our services. MayinArt gives no undertakings, representations, or warranties in relation to artworks sold through or listed on its Webite:
    1. about ownership of any artwork EXCEPT the authenticity of the genuineness of the artwork as we source the artwork ourselves. MayinArt does ensure that the artwork you buy from is genuine and information shared are true and authentic to the best of our knowledge.
  2. You expressly understand and agree that:
    1. Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law MayinArt disclaims and excludes all implied conditions or warranties.
    2. MayinArt does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable.
    3. No advice or information that is obtained by you from MayinArt or anyone else shall create any warranty by MayinArt that is not expressly stated in the terms and conditions; and
    4. Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of any such advertisements on the Website does not constitute MayinArt's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. MayinArt does confirm its own content is true and authentic to the best of its knowledge.
    5. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
  3. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of MayinArt to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another member's acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. MayinArt's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
  4. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
  5. Without limiting any other rights and remedies available to MayinArt, MayinArt may limit your activities on the Website, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide services to you if you breach these Terms and Conditions or where MayinArt considers it appropriate.

INDEMNITY

You agree to defend, indemnify and hold Lyk2buy Pte Ltd, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defence of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

FORCE MAJEURE

  1. Lyk2buy Pte Ltd shall not be liable for any failure of or delay in the provision of services expressly stated in the Purchase, Receipt, and/or written communication between Lyk2buy and the User, for the period that such failure or delay is
    1. beyond the reasonable control of Lyk2buy.
    2. materially affects the performance of any of its obligations under this agreement; and.
    3. could not reasonably have been foreseen or provided against.
  2. If supervening and/or unforeseeable events, issues, and/or causes arise outside of Lyk2buy reasonable control, Lyk2buy shall be relieved from performing the obligation affected for the duration and to the extent affected, and may be entitled to compensation

    Supervening events, unforeseeable events, issues, and/or causes include, but are not limited to

    1. an act of God.
    2. delays in the production, delivery, and/or installation of the Product(s) that arise outside of the Lyk2buy's reasonable control.
    3. damage and/or loss of products that arise outside of Lyk2buy’s reasonable control

    Lyk2buy shall not be liable if the items outlined in (a) and (b) prevent, impede, or hinder Lyk2buy’s ability to perform such obligations

GENERAL PROVISIONS

  1. All listings and communications made through MayinArt shall be made in good faith.
    1. You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You are responsible for any actions taken through your membership. MayinArt memberships cannot be sold, leased, lent or traded.
  2. Any copyright licenses required in showing any artwork on the website is the responsibility of the seller.
  3. Licensing Regulations. The sale of an artwork or its subsequent export or import into another country may require certain licenses including but not limited to resale royalties, export or import licenses. It is the buyer's responsibility to inform themselves with respect to those licenses and where necessary to obtain the appropriate licenses and pay necessary royalties. To the extent permitted by law, MayinArt has no liability for any such license costs or resale royalties.
  4. MayinArt will use its reasonable endeavor’s to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, MayinArt takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, MayinArt assumes no responsibility for the corruption of any data or information held by MayinArt.
  5. You agree not to involve, or attempt to involve, MayinArt in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided.
  6. MayinArt has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of MayinArt to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of MayinArt.
  7. If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
  8. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
  9. The laws of Singapore govern these Terms and Conditions. You submit to the exclusive jurisdiction of the Courts of Singapore.
  10. MayinArt (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:
    1. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    2. Commercialize, copy, or on-sell any information, or artworks obtained from any part of this Website.
  11. These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
  12. MayinArt collects personal information about you through your use of the Services and the Website, including:
    1. Your registration details; and
    2. Information relating to your use of the Website and the content you access.
  13. You agree that MayinArt may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other MayinArt products and Services to you, and for any other use that you authorize.
  14. The material on our Websites is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, MayinArt provides this website on the basis that MayinArt excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the website. MayinArt has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on our Website and cannot accept liability for any errors or omissions.

MAKING A PURCHASE

This section of the Terms and Conditions governs the use of the MayinArt website and the purchase and selling of artworks on MayinArt.

DEFINITIONS

In the MayinArt website, the following expressions have the following meanings:

  • 'Artwork', 'artworks', 'work', 'works', means goods or property that may be bought or sold using MayinArt's Services
  • 'Member' means a registered user of MayinArt
  • 'Services' means any one or more of the services offered by MayinArt from time to time, including services on MayinArt's websites and any other service that MayinArt may offer.
  • 'We', 'us' and 'our' are a reference to MayinArt.
  • 'You' and 'your' are a reference to you.
  • 'Website', 'Site' means any website through which the Services are offered.
  • 'Listing' means a listing on our Website through which you offer, negotiate, buy, sell or advertise any artwork.
  • 'Seller' or 'vendor' means an art gallery or art dealer selling artwork on the MayinArt website.

MayinArt is not responsible for determining the value, authenticity and the condition of the Artworks. Artists, designers and galleries (“Sellers”) who provide the Artworks and information and users who buy from The Site (“Buyers”) are solely responsible for due diligence required in purchasing Artworks

MayinArt is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the Buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature

SELLER WARRANTIES

As a Seller you warrant and agree that in respect of each Artwork offered on MayinArt

  • You have the authority to sell the Artwork
  • You are solely responsible for the authenticity, description, identity, condition, nature and quality of the Artwork
  • The Artwork is authentic and all information provided about the description, identity, condition, nature and quality of the Artwork is accurate.
  • You own and have full possession of the Artwork.
  • You are responsible for releasing the Artwork promptly for delivery to the Buyer, shipped promptly upon receipt of the offer price (and any taxes payable), in accordance with the offer terms.
  • Title to the Artwork is free and marketable, and the sale to any Buyer will be free and clear of any and all liens or encumbrances.
  • Your use of MayinArt, each Artwork you submit, the sale of the Artwork, and any communication or transaction initiated on MayinArt complies fully with all Singapore laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws - including applicable permits, restrictions or prohibitions on export of Product from the Seller's jurisdiction to the Buyer's jurisdiction; and.
  • You are responsible for identifying and paying all taxes applicable to the Seller for the sale and delivery of the Product, including any export of the Product from the Seller's jurisdiction
  • You accept that in selling Products on MayinArt, we will be entitled to remuneration by way of a commission drawn out of any payment due to you

BUYER WARRANTIES

As a Buyer you warrant and agree that in respect of any Artwork submitted to MayinArt

  • As a Buyer you warrant and agree that in respect of any Artwork submitted to MayinArt
  • Your use of MayinArt, the purchase of any Artworks, and any communication or transaction initiated on MayinArt complies fully with all Singapore laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws - including applicable permits, restrictions or prohibition on import of Product from the Seller's jurisdiction into the Buyer's jurisdiction; and
  • You are responsible for identifying and paying all taxes applicable to the Buyer for the purchase and collection of the Product, including any import of the Product to the Buyer's jurisdiction.
  • You accept that in purchasing Artworks from MayinArt, we will be entitled to remuneration by way of a commission drawn out of any payment due to the Seller.

CURRENCY AND TAX

Artworks will be listed in the relevant currency and will include relevant taxes in the price (if applicable). All tax obligations are the responsibility of the buyer.

PURCHASING ARTWORKS ON THE MAYINART WEBSITE

  1. Your purchase is not retractable and you must pay the purchase price immediately.
  2. Upon purchasing an artwork, your credit card payment will be processed as an when this facility is available. Currently MayinArt works through bank transfers into its Singapore Bank account, the details of which will be shared with interested buyers. You will pay for the costs of shipping as shown on the Site.

MayinArt has no liability or responsibility for the actions of the gallery selling any artworks on our Site.