These are the Terms and Conditions (“Terms”) on which products (“Products”) listed on our website accessible at vertart.com (“Platform”) are sold to you. These Terms will apply to the use of the Platform and the sale of Products to you (“Contract”).
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them. As we amend these Terms from time to time, please check these Terms to ensure you understand the terms which will apply at that time.
We are Vert Art, owned and operated by VERTALYST PTE. LTD. (“Vert Art,” “we,” “our,” or “us”) and own and operate the Platform. To contact us, please email us at [email protected].
You must be a member to purchase products (“Customer”). A user must apply to register to become a Customer. You will receive personalized information about impending sales campaigns via our email service, provided that you have agreed to receive these emails. Customers control their email preferences on their personal profile page on the Platform.
The images of the Products on our Platform are extracts of the Product and for illustrative purposes only. We cannot guarantee that your computer displays the Product accurately, but we strive to display the Products accurately. Therefore, Products may vary slightly from those images and the depiction of Products on the Platform.
All Products shown on our Platform are subject to availability. If the Product you have ordered is not available, we will not process that order.
Your use of our Platform is governed by these Terms. The Platform is the property of Vert Art and our licensors. To this end, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable, and limited license to access our Platform to enjoy personal, non-commercial use of the Platform in accordance with these Terms. Except for this limited license, we do not grant you any other rights or licenses with respect to our Platform. Any rights or licenses not expressly granted herein are reserved. You represent and warrant to us that your access to, and use of, our Platform is intended only for personal, non-commercial use.
If you are a natural person, you may only purchase Products from our Platform if you are at least 18 years old. If you are a business, you confirm that you have the authority to bind any business on whose behalf you use our Platform to purchase Products.
In the course of using our Platform, you may need to register and maintain a user account with us (“Account”). When you register an Account with us, you agree to provide and maintain true, current, and complete information during registration. When selecting a username, you agree not to select or use a username that is the name of another person with the intent to impersonate, or a name or trademark that is subject to the rights of another person or entity other than you, without appropriate authorization.
You are responsible for maintaining the confidentiality of the information and password associated with your Account, and for all activities occurring under your Account, including all charges incurred. Vert Art shall be entitled to consider any person who gains access to the Platform using your Account log-in details as an individual acting upon your authorization, without any further inquiry or investigation.
We have no special relationship with or fiduciary duty to you for accessing and using our Platform and the Products displayed. We have no control over, and no duty to take any action regarding:
The Platform, including all Products available therein, is provided on an “as is” and “as available” basis. We disclaim any and all warranties (express, implied, or otherwise), including without limitation warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, and that our Platform is free from interruptions, errors, or other inaccuracies, whether arising by a course of dealing, usage, trade practice, or course of performance.
We only use your personal information in accordance with our Privacy Policy. Please take the time to read it, as it includes important terms that apply to you.
These Terms and any documents expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
We may revise these Terms from time to time in the following circumstances:
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and the Contract that is caused by an event or act beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
We do not in any way exclude or limit our liability for:
However, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
If we fail to comply with these Terms and we are responsible for loss or damage you suffer that is (i) not excluded pursuant to the previous paragraph and (ii) a foreseeable result of our breach of these Terms or our negligence, we are responsible. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
Please note that these Terms are governed by the laws of Singapore. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by Singapore law. You and we agree that the courts of Singapore will have exclusive jurisdiction.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place after receipt of the total purchase price associated with the order. After receipt of payment, we send you an e-mail that confirms that the Products have been purchased. Receipt of such an email shall constitute a Contract.
If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available, or because of an error in the price on our Platform, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
If you are a consumer, you have a legal right to cancel an order within 14 days after receipt of the purchase confirmation e-mail. This means that during the relevant period, if you change your mind or for any other reason decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of (i) any made-to-measure or custom-made Products or (ii) for digital content (such as digital art) which has been downloaded or accessed by you.
To cancel a Contract, you must contact us in writing by sending an e-mail to [email protected].
If we accept your cancellation, you will receive a full refund of the price you paid for the Products. For any valid cancellation pursuant to this section, you will receive the refund due normally within 3 working days, or as soon as possible, and in any case within 14 calendar days of the day on which you gave us notice of cancellation. We will refund you on the payment instrument used for the purchase.
The Product purchased is accompanied by an End-User License Agreement (EULA), a legal agreement between the creator (licensor) of the Product and you, the consumer (licensee), who purchased and downloaded it. The EULA governs the terms under which the Product can be used and distributed.
The EULA for each Product is displayed on the Platform and is viewable prior to ordering the Product. You represent and warrant that you have taken note of the Product’s EULA, read and understood it, including any restrictions regarding use, ownership, and distribution.
Delivery will be completed when the Products are delivered to the address you provided. The Products will be your responsibility from the completion of delivery.
The prices of the Products will be as quoted on our Platform. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, we have the right to cancel the order. Prices may change from time to time, but changes will not affect any order. The price of a Product includes VAT (where applicable).
Due to our international user base, prices will be displayed in your chosen display currency, and you will be charged in this currency. If the currency of your payment instrument (such as a debit/credit card) is different from the display currency, the provider of your payment instrument may charge you an FX fee.
You can only pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you check out. We will only charge your chosen payment method for the amounts payable in relation to the Products and all applicable taxes.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business, or resale purposes.