WYDR BUYER TERMS AND CONDITIONS
1.1 ABOUT WYDR
WYDR is a marketplace that allows the Seller to offer and sell listed Items in a variety of pricing formats and locations and the Buyer to buy the listed items. WYDR is an intermediating platform for the sale and does not in any part of the process become a contractual party to the sale. The sale contract is in the WYDR Buyer Terms and Conditions and is between the Seller and the Buyer. WYDR’s Terms and Conditions as well as Guidelines and Policies are binding for the Users.
WYDR has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of the Seller's content or listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Seller or a Buyer will actually complete a transaction or return an Item.
1.2 TERMS USED
Account: the User account created for use of WYDR Services on WYDR Platforms
Demanded Price: price of the Item demanded by the Seller for sale of the item on WYDR Platforms
(Listed) Item: original art pieces offered by the Seller on WYDR Platforms
Listing: sale description of the original art pieces offered by the Seller on WYDR Platforms
Listed Item Price: price of the listed Items on WYDR’s Platforms, calculated as Demanded Price plus WYDR commission
Order: Entering a binding agreement to purchase an Item or winning an auction for purchasing an Item by clicking on Accept for the WYDR Buyer Terms and Conditions on WYDR Platforms and Services
The User: the Seller and /or the Buyer and /or a WYDR Account owner
The Buyer: the customer (legal or natural person) purchasing or bidding on Items through WYDR Platforms and Services
The Seller: the owner of the original art pieces offered on WYDR Platforms and Services
WYDR Services: the brokerage services intermediated by WYDR between the Seller and the Buyer to sell the Items
WYDR Platforms: website, applications and other tools
WYDR: WYDR GmbH and all its related and affiliated entities, partners, agents and employees
These Terms and Conditions together with all additional rules, guidelines, policies and disclaimers herein published or otherwise notified to the Buyer will constitute a binding agreement between the Buyer and WYDR. These Terms and Conditions constitute a "writing signed by the Buyer" under any applicable law or regulation. By using WYDR Services, the Buyer represents that he has read and understood these Terms and Conditions and agrees to be bound by it. If these conditions are translated into another language, the English Language version will prevail in the event of any conflict of translation.
WYDR reserves the right to adjust, amend or modify the WYDR Terms and Conditions unilaterally at any time. With each new use of WYDR’s Services the current, callable version is applicable and shall prevail.
1.4 LEGAL USE REQUIREMENTS
Users may only use WYDR Platforms and Services if they are at the minimum legal age to conclude the contract and it is legal for them to do so. WYDR reserves the right to ask for proof of age from the User and the User’s Account may be suspended until satisfactory proof of age is provided. WYDR Platforms does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction that such offer or solicitation is not authorized, or to any person to whom it is unlawful to. Access to the Platforms and the offering of the Services may be restricted in certain jurisdictions and accordingly, Users are required to inform themselves of, and to observe, such restrictions. The Buyer understands and accepts that WYDR is unable to provide the Buyer with any legal advice or assurances and that it is the Buyer’s sole responsibility to ensure that at all times the Buyer complies with the laws that govern the Buyer and that the Buyer has the complete legal right to use WYDR Platforms and Services. Any use of the Services is at the Buyer’s sole option, discretion and risk.
1.5 APPLICABILITY AND ENFORCEMENT
WYDR’s Terms and Conditions, Guidelines and Policies apply exclusively to all relationships created in connection with use of WYDR Platforms and Services. No deviations to WYDR’s Terms and Conditions, Guidelines and Policies are effective without WYDR’s explicit written consent.
2. BUYER REPRESENTATIONS AND WARRANTIES
The Buyer represents and warrants that:
- He is of sound mind, legal age and legal competence. The Buyer is a natural or legal person if; (i) He is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) Execution and delivery of these Terms and Conditions and all contracts and other transactions contemplated hereunder and performance of all obligations have been duly authorized by the Buyer.
- The Buyer will review these Terms and Conditions each time it is amended; and (i) The Buyer will not affect any transaction in his Account unless he understands these Terms and Conditions, and the Buyer agrees that in doing so, it is deemed to represent that he has read and understood these Terms and Conditions; and (ii) The Buyer agrees to, and shall at all times comply with all applicable laws, statutes and regulations and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy that is applicable to the Buyer.
3. USING WYDR
3.1 WYDR’S CONDUCT
WYDR provides the Buyer with access to the Platforms to bid on and / or to purchase the Items under the following conditions:
- The Buyer is obligated to keep passwords secret and is solely responsible in ensuring that third parties do not obtain access to the password or to WYDR Platforms and Services.
- WYDR reserves the right to suspend, modify, remove and/or add any service in its sole discretion with immediate effect and without notice.
- WYDR forbids the use of all unfair practices when using its Platforms and Services. This is done to protect the Users and the integrity of the Platforms and Services.
- WYDR reserves the right to refuse to accept any transaction. WYDR shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of WYDR including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of transactions and/or information due to a breakdown in or failure of any transmission or communication facilities.
- WYDR will not be liable in any way in the event of failure of or damage or destruction to the Buyer’s computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
- WYDR provides on its Platforms information about available listed Items. Price and assortment changes and technical changes are WYDR’s reserved right. All information, including but not limited to Item descriptions, pictures, movies, weights, measures, technical specifications, accessories, relationships and other information, can be understood only as approximate values. WYDR does not guarantee that the Items listed are available at the time of ordering.
3.2 THE BUYER’S CONDUCT
The Buyer has access to use WYDR Platforms and Services under the following conditions:
- The Buyer understands and agrees that WYDR’s records will be the final authority in determining the Buyer’s use of the Platforms and of the Services, the activity resulting therefrom, and the circumstances in which such activity occurred.
- The Buyer agrees to be fully and personally liable for the due execution of all bidding and/or purchase transactions entered into under the Buyer’s Account with WYDR.
- In any case, the Buyer alone remains fully liable for any and all bidding and / or purchasing transactions performed on the Buyer’s Account. The Buyer agrees to indemnify WYDR fully in respect to all costs and losses whatsoever as may be incurred by WYDR as a result, direct or indirect, of the Buyer’s failure to perform such a transaction.
- The Buyer is not allowed to:
- post false, inaccurate, misleading, defamatory, or libellous content
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
- distribute viruses or any other technologies that may harm WYDR, or the interests or property of users
- use any robot, spider, scraper or other automated means to access WYDR Platforms and Services for any purpose
- bypass WYDR robot exclusion headers, interfere with the working of WYDR Platforms and Services, or impose an unreasonable or disproportionately large load on WYDR’s infrastructure
- export or re-export any WYDR application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to WYDR, or that comes from the Services and belongs to another WYDR User or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of WYDR and/or any other party holding the right to license such use
- commercialize any WYDR application or any information or software associated with such application
- harvest or otherwise collect information about Users without their consent
- circumvent any technical measures of WYDR Platforms and Services
If WYDR identifies that the Buyer is abusing WYDR in any of the ways mentioned above or otherwise, WYDR may, in its sole discretion, take steps to prevent and mitigate such abuse such as limiting, suspending, or terminating the Buyer’s Account(s) and access to WYDR Platforms and Services, delaying or removing hosted content, removing any special status associated with the Buyer’s account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent the Buyer from using WYDR Platforms and Services.
WYDR reserves the right to cancel and / or discontinue unconfirmed Accounts or Accounts that have been inactive for a long time. WYDR reserves the right to refuse or terminate access to WYDR Platforms and Services to anyone for any reason at WYDR’s discretion.
3.3 ACCOUNT REGISTRATION
To access WYDR Platforms and Services, the User needs to register for an Account with WYDR. The User can open an Account with WYDR by choosing a unique Account name and password and entering other information that WYDR requests. The User will ensure that the details provided at registration are accurate and kept up to date.
Should WYDR have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud WYDR, WYDR reserves the right to cancel any transaction related to the said fraud attempt.
4. BIDDING AND PURCHASING
When clicking the “Accept” button online for bidding or purchasing a Listed Item, Buyer agrees that:
- He has read the full Listed Item description.
- He is entering a legally binding agreement with WYDR to purchase a Listed Item, and will pay the listed price of the Listed Item within 3 days.
- WYDR is acting as broker between Seller and Buyer.
- WYDR does not transfer legal ownership of the Listed Item from the Seller to the Buyer. The legal ownership of the Item is transferred directly between the Buyer and the Seller.
- All bidding and/or purchasing orders submitted at WYDR Platforms are final and irrevocable. When the Buyer is the highest bidder and WYDR announces the Listed Item as sold to him, the Buyer must pay for that Listed Item in the terms of Clause 5.2.
- The Items listed on WYDR Platforms and Services are "as is, where is." WYDR makes no representations or warranties with respect to the Items.
- The ownership of the Item is transferred to the Buyer when the Item is dispatched.
- Items are only shipped after full payment is received, as confirmed by WYDR, and provided that the Items are available.
- In the case Buyer does not pay the full Listed Item Price including the shipping costs within 3 (three) days after ordering, the purchase is automatically terminated and the Item will not be dispatched or reserved to the Buyer. The Item will then be available to be re-listed.
- The Item shall be dispatched within 5 (five) days after the confirmation of the payment of the full Listed Price including the shipping costs, by the Buyer.
5. PRICES AND PAYMENT
5.1 PURCHASE PRICE
The Items prices are exclusive of VAT. All prices are net in Euros (€). Any shipping costs are, unless otherwise provided additionally charged and have to be paid by the Buyer. Shipping costs are shown separately in the order process.
The shipping fees are indicated as part of the order process and in the FAQ sections on the WYDR Platforms and Services. The shipping fees are paid by the Buyer together with the Purchase Price.
Subject to technical changes, errors and omissions excepted, in particular, WYDR price changes made at any time without notice.
5.2 BUYER PAYMENT TERMS
The purchase Listed Item Price of the Item must be paid in full, including the shipping costs, within 3 (three) days after ordering the Item by Accepting these Terms and Conditions. In case Buyer is obliged to pay any fees or obligations to WYDR and is over due, WYDR reserves the right to collect fees owed using available collection mechanisms - this includes charging other payment methods known to WYDR, assigning the task to collection agencies and legal counsel. In such cases the Buyer is liable for interest on the delayed payments 5% per month. In addition, the Buyer will be subject to the collection fees incurred by WYDR.
6. DELIVERY, AUDIT, COMPLAINTS AND RETURNS
The deliveries are sent to the address specified by the Buyer in the order. WYDR will issue an invoice on behalf of the Seller.
Upon delivery of the Item to the shipping provider the ownership passes to the Buyer, including all risks or benefits.
WYDR reserves the right to process the return of the Item after a complaint message from the Buyer. WYDR is not committed in the event of a cancellation, to deliver a replacement. Returns are accepted with full price refund up to 14 days after the Item delivery. After the 14-days cooling off period, WYDR reserves the right to process the return of the Item after a complaint message from the Buyer. In all returns, the Buyer is responsible for the shipping costs.
7. INTERNATIONAL SUPPORT
WYDR Platforms and Services are not limited by Users location and are international. WYDR may offer certain programs, tools, and site experiences of particular interest to international Users, such as estimated local currency conversion and international shipping calculation tools. The Users are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items in their respective locations.
To assist Users who may speak different languages, whenever automated translation solutions are available, they might be used to translate the WYDR listings content and other provided information, in whole or in part, into local languages. The accuracy or availability of translations is not guaranteed by WYDR.
8. PROMOTIONS AND BONUSES
WYDR will offer periodical promotions and bonuses. WYDR reserves the right to change and/or even terminate the terms and conditions of any Promotion at its sole discretion at any time and without prior notice to the Buyer.
9. LIABILITY LIMITATION
The Buyer agrees to use WYDR Platforms and Services at own risk. WYDR Platforms ad Services are being provided to the Users on an "AS IS" and "AS AVAILABLE" basis.
In addition, to the extent permitted by applicable law, WYDR is not liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the Users use of or the Users inability to use our WYDR Platforms and Services
- any failure or malfunction or any software, hardware, communication, broadcasting, technology or other system
- the User’s reliance on any materials contained on WYDR Platforms and Services
- any Items or Services advertised or linked to WYDR Platforms and Services
- pricing, shipping or other guidance provided by WYDR
- delays or disruptions in WYDR Platforms and Services
- viruses or other malicious software obtained by accessing, or linking to, WYDR Platforms and Services
- glitches, bugs, errors, or inaccuracies of any kind in WYDR Platforms and Services
- damage to the Users hardware device related to the use of WYDR Platforms and Services
- the content, actions, or inactions of third parties, including items listed using WYDR Platforms and Services or the destruction of allegedly fake items
- a suspension or other action taken with respect to the Users account by WYDR
- the duration or manner in which the Seller’s listings appear in search results
- the Buyer’s need to modify practices, content, or behavior or the Buyer’s loss of or inability to do business, as a result of changes of WYDR Terms and Conditions, Guidelines and Policies
WYDR has no liability or duty of indemnification related to unusable data, loss or date corruption, by whatever means, in whatever form, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of WYDR’s control.
WYDR disclaims any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of the User's connections to the internet, due to any reason.
WYDR’s liability to the Users or to any third party is limited to amount of the Listed Item Price.
The Users will indemnify and hold WYDR harmless from any claim or demand, losses, damages, expenses and costs including any fees, made by any third party due to or arising out of the Users breach or violations of WYDR Terms and Conditions, Guidelines and Policies, User’s improper use of WYDR Platforms and / or Services or User’s breach of any law or the rights of a third party.
WYDR excludes all liability, regardless of their legal basis, and claims for damages against WYDR. WYDR is not liable for indirect or consequential damages, lost profits or other persons, property or any form of loss.
WYDR hyperlinks are used solely for easier access of the Users. WYDR can not know the content of these websites in detail, nor accepts any liability or other responsibility for the content of the websites.
WYDR may process the data collected in connection with its Services for the Buyer contract fulfilment and for marketing purposes. Information necessary for the contract fulfilment (for example the shipping address) can be shared with third parties.
By using WYDR’s services, statistical visitor data is collected about the use. This collected data do not contain any references to persons or made anonymous enough to avoid any conclusions on the Users identity. WYDR does not accept any automatic collection of personal data of users such as the name, address, telephone number or e-mail address. Exception being the information, which the User voluntarily submitted to WYDR during registration and which are required to participate in WYDR’s Services.
11.2 SOCIAL-MEDIA CONTENT
If the User desires that none of these plugins are loaded, it is recommended to log out from the appropriate social media service. Furthermore, different browsers (eg Facebook blockers) are added or adjusted with add-ons that social media plugins are not loaded.
11.3 DATA CONFIDENTIALITY AND DISCLOSURE
WYDR may use the provided information. The provided information will not be disclosed to third parties. An exception is when the User has agreed with sharing the provided information with third parties or if WYDR has legal, regulatory or judicial obligation to share the provided information. Furthermore, if service providers that support WYDR in provision of its Services require the provided information. These third parties are required to comply with the same level of security and privacy, such as WYDR.
The anonymous data which will be held at the call of the WYDR website through cookies, for purposes of analysis, are used to optimize the website and for measuring the performance. WYDR can use third-party tools, with their respective own privacy policies, where WYDR has no influence or liability. Data reported by the Users themselves as Users of the website may be used by WYDR for the purpose of improving the website and the individual User support. These include, among other things, information updates, offers or notification with respect to the product range or services. WYDR newsletters are only distributed if the User has explicitly agreed.
11.4 DATA SECURITY
The transmission of data over the Internet is not completely secure. WYDR collaborates with service providers and Internet providers who implement appropriate technical and organizational security precautions to protect users' personal data. However, WYDR can not guarantee the security of data transmitted by the Users.
12. DISPUTE RESOLUTION
In case of any dispute arising in connection with WYDR Platforms and Services, the applicable law is exclusively Swiss law. The applicable law shall apply to the exclusion of conflicts of law provisions.
The applicable jurisdiction is Zurich, Switzerland.
13. SEVERABILITY CLAUSE
If any provision or part of the WYDR Seller Terms and Conditions prove to be void or invalid, the validity of the other provisions remain unaffected.