Terms and Conditions for Sellers

Note: This version 1 is applicable since 20/12/2021. This version 1 was approved by the Board of Directors on 15/09/2021. It was approved by the General Assembly on 19/12/2021.

Climanosco’s Online Shop is operated by Climanosco and is available on the Internet at the address: shop.climanosco.org.

Climanosco is a non-profit association registered at the Commercial Registry Office of Zurich, Switzerland, on 11 August 2015 (Registration ID: CHE-415.265.288). Details on the association including its goals and its Statutes can be found at the address: www.climanosco.org/about. Climanosco finances itself through donations, membership fees and sales of items. All donations, membership fees and benefits made from sales will be exclusively and solely used by Climanosco’s association to pursue its goals according to its Statutes.

About these Terms

These “Terms and Conditions for Sellers” together with the terms and conditions and policies expressly referred to within, named “Terms” herein, establish the terms and conditions under which an artwork owned by a person may be offered for sale and sold on Climanosco’s Online Shop accessible at shop.climanosco.org, and those relations between Climanosco and the person offering the artwork for sale.
The Privacy Policy of Online Shop establish the privacy policy applicable to Climanosco’s Online Shop. The Privacy Policy of Climanosco Shop form an integral part of the Terms and will prevail in case of conflict.
The Packaging and Delivery Guidelines of Online Shop establish guidelines for the packaging and shipping of any product sold via Climanosco’s Online Shop, including artworks, to a customer and in return from a customer. The Packaging and Delivery Guidelines of Online Shop form an integral part of these Terms.
The Seller Contents Guidelines of Online Shop establish guidelines for the contents that will be displayed on the Online Shop for the purpose of informing on the Seller and on the Artworks listed by the Seller. The Seller Contents Guidelines of Online Shop form an integral part of these Terms.
The Sales Return Policy of Online Shop establish the conditions under which any product listed on Climanosco’s Online Shop, including artworks, may be returned by a customer. The Sales Return Policy of Online Shop form an integral part of these Terms and will prevail in case of conflict.
The Terms and Conditions of Use of Online Shop, section 5 Conclusion of contract, establish how a contract is concluded with any customer via the Online Shop, including for the purpose of selling an artwork. The Terms and Conditions of Use of Online Shop, section 5 Conclusion of contract, forms an integral part of the Terms and will prevail in case of conflict.
Climanosco reserves the right to update the Terms, including all terms and conditions and policies referred to within without notification. Amendments to the Terms shall become effective when they are posted to the Online Shop. Continued use of the Online Shop subsequent to any amendment to the Terms constitutes an acceptance of the amendment by the user.

Terminology

The “Online Shop” is here understood as Climanosco’s online shop available on the Internet at the address shop.climanosco.org.
An “Artwork” is here understood as a work of art owned by a third party seller that is listed for sale on the Online Shop.
A “Seller” is here understood as a third party seller who lists one or more Artworks for sale on the Online Shop.
A “Customer” is here understood as a person making a purchase of an Artwork via the Online Shop.
The “Seller contents” is here understood as the contents displayed on the Online Shop that belong to the Seller and that serve to present and inform Customers on the Seller and on the Artworks listed by the Seller on the Online Shop.

Sellers’ role and Climanosco’s role

The Seller authorizes Climanosco as its commercial agent to promote the Seller’s products, to conclude the sale of its products under the terms of each contract and to accept payment on the Seller’s behalf in accordance with the Terms through the Online Shop.
The Seller is sole responsible for performing the obligations related to the contract between the Seller and the Customer. The sale contract binds the Seller and the Customer. Climanosco is not a party to the contract.
The Customer’s obligation to pay for products in relation to the contract is satisfied when the Customer has paid the required amount via the Online Shop. The Seller must not invoice the Customer outside the Online Shop in relation to the contract. Any payment and invoicing to the Customer related to the contract is performed through the Online Shop.
The Seller must arrange dispatch of the products and return of the product when necessary. Any refunds to the Customer may only be performed by Climanosco.
Except as otherwise set forth in these terms, Climanosco is not an agent, an intermediary, a representative, a fiduciary or a trustee of the Seller. Climanosco is not an agent, an intermediary, a representative, a fiduciary or a trustee of the Customer.
Climanosco will make its best effort within its capacity to help promote the Seller’s Artworks listed on the Online Shop. However, Climanosco does not guarantee that Artworks listed on the Online Shop will be sold and can not be made liable for the failure to sell any Artwork listed on the Online Shop.

Requirements for an artist to be able to sell on the Online Shop

Artists must be over eighteen years of age to become a Seller and be able to list Artworks on the Online Shop. By accepting these Terms the Seller certifies that he/she is at least 18 years of age.
Artists are expected to value Climanosco’s mission and help promote Climanosco’s Online Shop in order to become a Seller on the Online Shop.
Climanosco reserves the right to reject any request to become a Seller on the Online Shop.
Artists who are admitted by Climanosco to become Seller on the Online Shop will be attributed a dedicated artist page on the Online Shop which is managed by Climanosco and where they will be able to present themselves as artists.
Each Seller registers with Climanosco’s Online Shop a secure email address which will be used in all communications with Climanosco regarding all businesses related with the Online Shop. It is the responsibility of the Seller to keep this email address personal and secure, and to communicate in due time to Climanosco any change of this email address. Climanosco will assume that all emails coming from this registered email address are written and endorsed by the Seller. Climanosco will not accept emails from a Seller using an email address that is different from the registered email address for that Seller, unless it is accompanied by a signed notice of change of email address.
Each Seller must provide details of a secure payment account in a bank or similar institution which will be used by Climanosco to execute payments of the Seller’s share of the sale proceeds from Artworks sold by the Seller via the Online Shop. It is the responsibility of the Seller to communicate in due time to Climanosco any change in this payment account. Climanosco will assume that payments sent to this payment account will be received by the Seller.
The Seller is responsible for reconciling all payments in relation to the sales made via the Online Shop.
The Seller is responsible for compiling and retaining all necessary records regarding the sales made via the Online Shop as required by the Seller’s local tax authorities or other applicable laws.
Upon termination of these Terms for any reason, Climanosco shall have no obligations towards the Seller to store, report or otherwise provide any copies or access to any information in relation with the sales made via the Online Shop.

Requirements on the Artworks listed on the Online Shop

The Seller must be the creator and have full and exclusive ownership on the Artworks that she/he lists for sale on the Online Shop.
The Seller must have secured the right to display, sell, copy and reproduce the Artworks that she/he lists for sale on the Online Shop.
Artworks listed for sale on the Online Shop must be original or limited edition fine prints with a maximum size edition of 150 from an original created by the Seller.
Artworks listed must be signed by the creator or accompanied by a certificate of authenticity signed by the creator.
Each print of a limited edition must be numbered in correspondence with the order in which they are produced. The number must be marked clearly on the Artwork or on its accompanying certificate of authenticity.
Artworks for sale will be attributed a dedicated Artwork page on the Online Shop which is managed by Climanosco and where the Seller will be able to present the Artwork with the complete Artwork information.
Bespoke or custom artworks can not be announced, contracted or sold via the Online Shop.
Climanosco reserves the right to reject any request to list an Artwork on the Online Shop and to remove any Artwork listed on the Online Shop.

Requirements on Seller contents on the Online Shop

Each Seller is attributed an artist page and an artwork page for each Artwork listed by that Seller on the Online Shop.
These web pages display contents provided by the Seller, but are created, managed and updated by Climanosco.
The Seller contents displayed on these web pages of the Online Shop are provided by the Seller and are the sole responsibility of the Seller.
By submitting Seller contents to Climanosco for the Online Shop, the Seller certifies that the right to reproduce any material contained in the Seller contents has been secured.
The Seller is responsible for providing these contents as requested by Climanosco following the guidelines set in the Seller Contents Guidelines of Online Shop, to maintain them to the highest degree of accuracy, and to inform Climanosco of any changes or updates to them in due time.
The Seller acknowledges that the guidelines laid out in the Seller Contents Guidelines of Online Shop come with no guarantee, and Climanosco may reject contents or require revisions of contents before displaying them on the Online Shop.
Climanosco reserves the right to adjust the formats and to make minor edits to these contents if required for the layout and readability of the pages. Climanosco will inform the Seller of any such modification of the Seller contents.
Climanosco reserves the right to remove any Seller contents which it reasonably believes to be:
- offensive, obscene, pornographic or promoting racial, gender or any other types of discrimination; or
- infringing or violating intellectual property rights, copyrights, moral rights, trademark, patent rights, privacy rights; or
- in violation of any applicable law or regulation.

Copyrights on Seller contents on the Online Shop

The copyrights of the Seller contents displayed on the Online Shop is retained by the author.
The Seller certifies that the right to copy, reproduce and distribute any material included in the Seller contents has been secured.
The Seller grants Climanosco a world-wide, non-exclusive, royalty-free right and license to display the Seller contents on the Online Shop and to freely use, copy, reformat, distribute whole or parts of the Seller contents to promote the Online Shop in any online or printed medias. The Seller certifies that he/she owns the right to grant this right and license to Climanosco.
The Seller acknowledges that the only compensation she/he will receive for such license, if any, will be indirect in the form of sale proceeds.

Artwork price, shipping prices list and shipping countries

For each Artwork listed on the Online Shop, the Seller is required to set a price for the Artwork and a price list for the shipping of the Artwork from the Seller’s location to various destination countries.
Although we do not recommend it, the Seller may choose to restrict the destination countries she/he may want to ship an Artwork to. The Seller is responsible for communicating any restrictions on the destination countries related to an Artwork to Climanosco.
The price of an Artwork should be set such that it is a reasonable reflection of the value of the Artwork and should not be significantly higher than the price set for the same Artwork on any other channels.
The shipping price list should reasonably reflect the costs of mailing the corresponding Artwork from the Seller’s location to the set destination countries using a traceable mail service that includes shipping insurance. The Seller is recommended to research a preferred mail service provider and to stay accurately informed on shipping and insurance rates.
Packaging and handling fees should not be included in the shipping price, but they may be included in the Artwork price.
The Seller is sole responsible to set, maintain and update the prices of listed Artworks, including their shipping prices and restricted countries. The Seller must inform Climanosco of any changes in these prices such that Climanosco can reflect any required change on the Online Shop in due time. Climanosco can not be made liable for losses incurred as a result of inaccurate prices communicated to Climanosco or delays in the communication of price changes to Climanosco.

The Seller’s responsibility to fulfil orders

The Seller is sole responsible to fulfil orders by arranging the packaging of Artworks and shipping them to Customers introduced to them through the Online Shop.
Shipping of Artworks must be completed within 7 days of reception of the order by the Seller.
The Seller is responsible to inform Climanosco immediately upon shipping an order with a copy of the shipping receipt indicating the shipping date, tracking number, shipping costs and expected delivery date.
The Seller is responsible to keep track of the status of orders, to seek confirmation that orders have been delivered, to inform Climanosco of any delay or other event preventing the shipment from arriving at the expected date, and to reply to requests in relation to orders in a timely manner.
Artworks must be packaged and shipped according to the Packaging and Delivery Guidelines of Online Shop.
If the Seller is unable to supply an Artwork ordered by a Customer via the Online Shop, the Seller must inform Climanosco within 3 days of receiving the order notification from Climanosco.
It is the Seller’s responsibility to comply with all local tax regulations with respect to any sales completed on the Online Shop, and to include all required documentation or invoices within the packages shipped.
Climanosco reserves the right to treat an order as cancelled and refund the Customer if the Seller fails to ship the Artwork and/or fails to inform Climanosco of the completion of the shipping within a timeframe that is reasonably larger than that expressed in the Packaging and Delivery Guidelines of Online Shop.

Climanosco’s responsibilities

When an order is placed on the Online Shop by a Customer, Climanosco receives an automatic order notification.
Within 3 days of receiving an order notification, Climanosco verifies that the product price and associated delivery charges have been paid by the Customer and sends an email to the Seller with all information needed for the Seller to complete the order.
Climanosco will notify by email the Seller within 3 days of receiving a return request that is deemed acceptable by Climanosco under the Sales Return Policy of Online Shop.
Upon receiving a notification from the Seller that the Artwork ordered by a Customer can not be supplied, Climanosco will inform the Customer within 3 days that the order will not proceed and that the order will be fully refunded.
Upon receiving confirmation from the Seller’s that an order was shipped, Climanosco will send the order confirmation with a receipt to the Customer, and a copy to the Seller. The contract between the Seller and the Customer will be formed when Climanosco sends this order confirmation.
If no return request has been received by Climanosco within 21 days of the date of expected arrival, and unless the Seller notifies Climanosco by email of any delay or event preventing the shipment from arriving at the destination on the expected date, Climanosco will consider the order as completed.
Climanosco is responsible for receiving the payment from the Customer and for holding the money securely in a bank account until it may be due for payment to the Seller according to these Terms.
Climanosco executes a monthly payment of the Seller’s share on sale proceeds to the Seller’s payment account according to these Terms. Climanosco reserves the right to defer payments that are under CHF50 to the following month.

Returns, damages and loss in transit

By listing Artworks on the Online Shop, the Seller agrees to offer the 14-Day Risk Free Return Guarantee expressed in the Sales Return Policy of Online Shop.
All return requests submitted by Customers are received and evaluated by Climanosco. Climanosco will notify the Seller of an acceptable return request within 3 days of receiving it.
It is the Seller’s responsibility to arrange the return shipping, including insurance, with a traceable mail service, to communicate all details of the arrangement to Climanosco, and to send to Climanosco copy of a receipt of the return shipping indicating date of shipping, costs, tracking number and expected date of arrival.
Climanosco will send the instructions to the Customer for the return shipping.
If the stated reason for the return is that the Customer changed his/her mind, and unless there are clear indications that another reason motivated the return, Climanosco will cover for the delivery and return shipping costs. The Seller will be reimbursed of the paid shipping and return shipping costs.
If the stated reason for the return is, or if there are clear indications that allow to suspect, that any shipped Artwork(s) was misdescribed on the Online Shop, Climanosco and the Seller will share equally the delivery and return shipping costs. The Seller will be reimbursed for half of the paid shipping and return shipping costs.
If the stated reason for the return is, or if there are clear indications that allow to suspect, that wrong Artwork(s) have been shipped, the Seller will cover for the delivery and return shipping costs.
If the stated reason for the return is, or if there are clear indications that allow to suspect, that any shipped Artwork(s) was defective, the Seller will cover for the delivery and return shipping costs.
If the stated reason for the return is, or if there are clear indications that allow to suspect, that any shipped Artwork(s) was damaged during shipping, and unless the Customer agrees otherwise, the Seller will cover for the delivery and return shipping costs.
If Artwork(s) are damaged during shipment, Climanosco will invite the Seller to communicate with the Customer about the options proposed in the Sales Return Policy of Online Shop that might apply. All costs incurred, including cost of delivery, return shipping, shipping of repair, repair by Seller, repair by third party, replacement, and shipping of replacement will be charged to the Seller.
Climanosco will accept no liability for damage to Artworks during shipping. It is the Seller’s sole responsibility to package adequately Artworks and include appropriate insurance when shipping an order.
Climanosco will accept no liability for Artworks lost during transit. It is the Seller’s sole responsibility to use a traceable shipping service and include appropriate insurance when shipping an order. A shipment will be considered lost in transit on notice of non-delivery 7 days after the expected date of arrival.
The Seller acknowledges that packaging and shipping are the Seller’s responsibility and that any guidelines by Climanosco in any form come with no guarantee.

Fees, charges and commission on sales

Climanosco does not charge any upfront fees to Sellers who list Artworks for sale on the Online shop.
By listing Artwork(s) for sale on the Online Shop, the Seller authorizes Climanosco to deduct a commission and other charges laid out in these Terms, from the amount paid by a Customer on placing an order via the Online Shop for any Artwork(s) listed by that Seller.
On completion of a sale of Artwork(s), Climanosco takes a commission of 30% of the final product price paid by the Customer and credits the remaining 70% to the Seller. The final product price is the price listed and paid for these Artwork(s) by the Customer, excluding delivery charge and any donation made by the Customer together with that order.
On completion of a sale Climanosco credits the delivery charge in full to the Seller.
Any donation made by the Customer together with an order will be credited to Climanosco in full.
For any order that is returned, damaged or lost in transit, the above section “Returns, damages and loss in transit” of these Terms lays out what refund the Customer will be entitled to and what credit the Seller will be entitled to.

Termination

The Seller may request termination and deletion of his/her artist page from the Online Shop, including all his/her Artworks listed on the Online Shop. On receiving notice of a termination request, Climanosco will do its best to remove within 3 days the Seller’s artist page and all Seller’s artwork pages from the Online Shop.
Climanosco reserves the right to terminate this agreement with any Seller at any time and without notice.
On termination, all rights and obligations will be cancelled other than the rights and obligations that are necessary to process any orders placed prior to such termination.

Data Protection and Use of Information

All data supplied by Customers when placing an order are owned by Climanosco and are subject to the Privacy Policy of Online Shop, which is an integral part of these Terms, and to any applicable law or regulation in the relevant jurisdiction. Where a Seller receives personal data related to a Customer from Climanosco to complete an order, the Seller must comply with all applicable law and regulation and the Privacy Policy of Online Shop, and any other instruction of Climanosco.
On becoming a Seller with the Online Shop, an artist will be required to provide personal data to Climanosco such as their full name, an email address, a mail address, and a payment account.
These personal data supplied by a Seller will be used by Climanosco to manage the relation with that Seller and all businesses related to that Seller’s Artwork(s) listed on the Online Shop, including managing the Seller’s listed Artwork(s), the orders placed by Customers, the sales of Artworks, the returns of Artworks and the payments to the Seller.
Contact data supplied by a Seller may be communicated by Climanosco to a Customer who requested to return an Artwork sold by that Seller where needed to arrange the return.
Climanosco will not use, sell or share the Seller’s personal data for any other purpose than expressly stated in the foregoing without written permission from the Seller.
Each Seller will be required to supply the Seller contents expressed in the Seller Contents Guidelines of Online Shop. The Seller agrees that this Seller contents will be used by Climanosco as expressed in these Terms, such as for display on the Online Shop or for promoting the Online shop on external media. It is the Seller’s sole responsibility to make sure that this Seller contents do not include any personal, sensitive or copyrighted information or data that should not be used for such purpose or that could breach any law when used for such purpose.

Copyrights

Copyrights on contents of the Online Shop stay with the author. Any copy, in part or in full, of any content is forbidden without the written consent of the author. This applies to contents in any digital form, such as images, graphisms, videos, audio, or texts.
Requests are to be sent to Climanosco.

Liabilities

The Online Shop is provided on an “as is” basis. Climanosco makes no representations or warranties of any kind to the Seller relating to the Online Shop to the fullest extent permitted by law.
Climanosco hereby disclaims all liability on the Online Shop other than expressly stated in these Terms. Climanosco shall not be liable for any losses arising from impossibility of use of the Online Shop. Such disclaimer shall also apply to interruption, temporary suspension or termination of the services.
Climanosco shall in no case be liable for content provided by Sellers. Sellers are alone responsible for all information and data which they display on the Online Shop.
Climanosco shall accept no liability resulting from inaccurate information on products on sale on the Online Shop other than expressly stated in these Terms.
Climanosco shall accept no liability for links, for contents of pages linked, and for content uploaded by Sellers. Climanosco has no influence on third-party web sites. If Climanosco incurs loss through the contents of Sellers, they shall indemnify Climanosco accordingly.
Climanosco shall accept no liability for misuse by third parties of a Seller contents, information and data displayed on the Online Shop. The Seller shall be liable him/herself for all action taken by third parties using information or data displayed on the Online Shop.
Climanosco shall accept no liability for misuse by third parties of Seller contents, or parts thereof, that is included by Climanosco when promoting the Online Shop on external media. The Seller shall be liable him/herself for all action taken by third parties using Seller contents that was included in the promotion on the Online Shop.
Climanosco shall not be liable for minor negligence or indirect losses.
Climanosco’s total and aggregate liability to a Seller shall in no event exceed the total amounts actually received by that Seller in any calendar year in connection with the sale of Artwork(s) through the Online Shop.

Final provisions and legal jurisdiction

Should any provision of these Terms, including all applicable terms and conditions and policies expressly refereed to within, be considered unworkable, this shall not affect the validity of all or any other provisions. Failure by Climanosco to implement a provision shall imply no waiver thereof.
The relationship between Climanosco and its customers, donors and/or members, and between a Seller and his/her customers, shall be subject to substantive Swiss law, to the preclusion of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980. With respect to all disputes based on or in connection with any order, transaction or contract, the ordinary courts in 8005 Zurich, Switzerland, shall have exclusive jurisdiction.

Communicating with Climanosco

Except where instructed otherwise, all communication between Sellers and Climanosco should be made by email.
The mailing address is:
Climanosco
c/o The Hub Zurich Association
Viaduktstrasse 93-95
8005 Zurich
Switzerland
The email address for all communications concerning the shop is:

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