Emonique

Terms of Service

Welcome to Emonique («Company», «we», «us», or «our»). These Terms of Service («Terms») govern your use of our website (the «Site») and our services, including the purchase and sale of original artworks («Services»).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Definitions

  • «User» («you») refers to anyone who accesses or uses the Site, including buyers, artists, and visitors.
  • «Artist» refers to any individual or entity selling artwork through our platform.
  • «Buyer» («Collector») refers to any individual or entity purchasing artwork through our platform.
  • «Artwork» refers to original visual art pieces made available for sale.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Site, you represent that you are legally capable of entering into a binding agreement. If you are using our Services on behalf of an entity, you warrant that you have the authority to bind that entity to these Terms.

3. Account Registration & Security

  • You may need to create an account to access certain Services.
  • You are responsible for maintaining the confidentiality of your account and password.
  • You must notify us immediately of any unauthorized access or use of your account.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

4. Sales & Transactions

4.1. For Buyers

  • When you purchase artwork, you agree to pay the listed price plus applicable taxes and shipping fees.
  • Payment shall be made in full using one of the following accepted methods: (i) designated online payment processors or (ii) direct bank transfer to an account specified by us.
  • Once an order is placed, it is binding and cannot be canceled unless permitted by these Terms.
  • All payments must be completed in accordance with the timelines and instructions provided at checkout. Orders will not be processed or shipped until full payment has been received and cleared.
  • The Collector acknowledges and agrees that failure to remit payment in accordance with the above may result in cancellation of the order and/or forfeiture of reservation of the artwork.

4.2. For Artists

  • By listing artwork on our platform, you grant us a non-exclusive, worldwide license to display and promote your artwork.
  • You must provide accurate descriptions and pricing for your artwork.
  • Artists are responsible for fulfilling orders and ensuring safe and timely delivery.
  • We may deduct a commission from the sale price as outlined in our fee policy.

4.3. Shipping & Delivery

  • We facilitate shipping through third-party logistics providers.
  • Buyers are responsible for any customs duties or import taxes.
  • Emonique is not liable for delays caused by shipping carriers or customs authorities.

4.4. Returns & Refunds

  • Due to the nature of original artworks, all sales are final unless the artwork arrives damaged or significantly differs from its description.
  • Buyers must notify us of any issues within 48 hours of delivery to request a refund.
  • Refunds, if approved, will be issued within 14 business days via the original payment method.

5. Intellectual Property Rights

  • All content on our Site, including text, images, graphics, and trademarks, is owned by Emonique or its licensors and is protected by intellectual property laws.
  • You may not copy, reproduce, distribute, or exploit any part of our Site or Services without our prior written consent.
  • Artists retain all copyrights to their artworks but grant Emonique the right to display and market their work.

6. Prohibited Activities

You agree not to:

  • Use our Site for any fraudulent, unlawful, or harmful purpose.
  • Interfere with or disrupt the functionality of our Services.
  • Post false, misleading, or infringing content.
  • Attempt to gain unauthorized access to our Site, servers, or data.

We reserve the right to suspend or terminate accounts that violate these rules.

7. Disclaimers & Limitation of Liability

7.1. Disclaimer of Warranties

  • Our Services are provided «as is» and «as available» without any warranties, express or implied.
  • We do not guarantee uninterrupted or error-free operation of our Site.
  • We do not endorse or guarantee the quality or authenticity of any artwork sold through our platform.

7.2. Limitation of Liability

To the maximum extent permitted by law, Emonique shall not be liable for:

  • Indirect, incidental, or consequential damages.
  • Loss of data, revenue, or business opportunities.
  • Any issues arising from transactions between buyers and artists.

In no event shall our total liability exceed the amount paid for the disputed transaction.

8. Indemnification

You agree to indemnify and hold harmless Emonique, its officers, directors, employees, and affiliates from any claims, damages, liabilities, or expenses arising from:

  • Your use of our Site and Services.
  • Your violation of these Terms.
  • Any disputes between buyers and artists.

9. Privacy Policy

Our Privacy Policy governs how we collect, use, and protect your personal information. By using our Services, you acknowledge and agree to our data practices.

10. Dispute Resolution & Governing Law

10.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Korea, without regard to its conflict of laws principles. This does not affect mandatory consumer protections applicable in your country of residence

10.2. Dispute Resolution

  • For EU/UK Users: Disputes may be resolved through the Online Dispute Resolution (ODR) Platform.
  • For International Users: Disputes shall be resolved by binding arbitration in Seoul, South Korea, under the Korean Commercial Arbitration Board (KCAB) rules.
  • Exceptions: Either party may seek relief in a small claims court or for injunctive relief related to intellectual property.

11. Termination

We reserve the right to immediately suspend or terminate your access to our Services without prior notice if you:

  • Violate these Terms.
  • Engage in fraudulent or illegal activity.
  • Cause harm to our platform or users.

12. Changes to These Terms

We may update these Terms periodically. The most recent version will be posted on our Site, and continued use of our Services constitutes acceptance of the updated Terms.

13. Force Majeure

Emonique shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor strikes, pandemics, government restricdtions, natural disasters, or Internet outages. Obligations shall resume as soon as reasonably practicable.

14. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: contact@emonique.com