General Terms and Conditions
Article 1. General Introduction
Inspire Pop-Up Gallery (Inspire Pop-Up Gallery, we, our, us), is an online gallery plus a physical pop-up art gallery holding art events yearly, and was registered on December 20, 2019, Business license #BT30073204; contact email address is www.inspirepopupgallery.com/contact. Our office is located in Aliso Viejo, California USA.
We provide a service for viewing, selling, and buying Original artworks and Open and Limited Edition Prints, and Service/Services through the website www.inspirepopupgallery.com.
Article 2. Validity, Adoption, and Application of the General Terms and Applications.
This article describes the General Terms and Conditions applicable to the representation of the Seller and Buyers on the www.inspirepopupgallery.com Website. These General Terms and Conditions apply to all users of the Website regardless of whether such User is a Member (registered to our mailing list), or Subscriber, or just browsing. If you do not agree to these terms, you are not permitted to access or use our Services.
Please read these General Terms and Conditions and Privacy and Cookie policies carefully, and feel free to contact us if you have any questions.
Inspire Pop-Up Gallery reserves the right to modify, discontinue or terminate the Services or to modify these terms at any time and without prior notice. If we modify these terms, we will post the modification on our Website or provide you with notice of the modification. By continuing to access or use the Website after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and Services. We encourage you to check back regularly to review the terms.
Article 3. Account and Access
The Website Services are available for persons who are eighteen (18) or older. Any access to or use of the Inspire Pop-Up Gallery website by anyone under 18 is strictly prohibited. By accepting these terms, you represent and warrant that you are 18 years old, or older.
You may need to register with Inspire Pop-Up Gallery to use our Service/Services. You must complete our Account registration process. During that process, you will be required to provide certain information including but not limited to your name, address, method of payment. You may be required to verify your identity with a copy of a government-issued ID like a passport or driver's license, or similar documentation.
You agree to provide accurate, current, and complete information during the registration process. Inspire Pop-Up Gallery reserves the right to suspend or terminate your Account or Agreement if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
The permission we give you to register to Inspire Pop-Up Gallery and use our service under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublease, or otherwise transfer your Account, or any access to or use of our Services, to any third party.
You also shall be responsible for compiling and retaining permanent records of all Sales and Purchases, and other data associated with the Account and your use of the platform and reconciling all payments concerning the Sales and Purchases. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation, or other information in connection with any Sales or Purchases.
Article 4. Terms and Conditions for Artists
The Artist grants the Inspire Pop-Up Gallery the right to display the Artists approved artwork, biography, and any other approved information on inspirepopupgallery.com and to offer the Artists’ artwork for sale by the Terms of this Agreement.
You warrant that:
You are the creator of all such original works of art and you are the sole and exclusive owner of all such artworks.
You have complete ownership of any artwork you make available for sale through inspirepopupgallery.com
You own the copyright to any artwork you offer to us for reproduction or to make available for sale.
Fees and Commission on Sales
All prices of the artwork shown on the website are in USD (United States Dollars, $). Prices of art are established at the sole discretion of the Artist.
Inspire Pop-Up Gallery does not control the price of the artwork. On the other hand, upon the agreement of the Artist, we can offer to negotiate prices with potential clients.
Inspire Pop-Up Gallery charges commission fees ranging from 30% to 40%. Commissions are decided between Inspire Pop-Up Gallery and the Artists’ in the Artists Agreement before their art is sold on the website. If Inspire Pop-Up Gallery produces the printed work for the Artist, the profit of the printed art is calculated from the final sale price minus the costs of production.
Sales of the Artwork
After the artwork is sold the Artist will receive an email confirming the purchase, and containing the Purchaser’s delivery address. The shipping will be directly from the Artist’s workshop for the Buyer. The Artists’ have the following obligations in completing the transaction:
You must ensure the artwork is easily available for collection and shipped within 15 days of receipt of their notification of the sale and agree on the date and time of collection. You must provide accurate shipping weight, shipping dimensions to Inspire Pop-Up Gallery, and also alternative contact, and collection details before taking a leave of absence.
If you do not ship the purchased art to the Purchaser before the expiration of the shipping period, then the sale may be canceled.
The Artist is responsible for packaging, labeling, and coordinating pickup or drop-off with a courier. Failure to pack artwork securely and satisfactorily may result in art being damaged in transit. Inspire Pop-Up Gallery insures all shipments for the amount of the Artists’ commission for the sold work.
If damage is to occur as a result of unsecured and unsatisfactory packaging, Inspire Pop-Up Gallery will not compensate the Artist for artwork that arrives at its destination damaged. The Purchaser will be fully refunded, and the artwork will be returned to the Artist.
The Artist will be responsible for the cost of shipping to the Buyer and of return shipping.
The Artist must print and sign a Certificate of Authenticity (COA) and include it with their packaged artwork. Inspire Pop-Up Gallery can request a copy of any art piece COA. Said COA must be received to Inspire Pop-Up gallery within 3 business days.
No Artist contact details are to be on, or included in, the artwork package.
Should an artwork that is listed for sale on inspirepopupgallery.com become unavailable for whatever reason, it is the responsibility of the Artist to immediately inform Inspire Pop-Up Gallery to delete the artwork listing from the Website. If the artwork is sold through inspirepopupgallery.com that is no longer available, the Artist is responsible for the credit card company cancellation fee or applicable bank charges and will refund Inspire Pop-Up Gallery.
Inspire Pop-Up Gallery operates a fourteen (14) day money-back customer refund policy, provided the work is returned to the Artist from the Purchaser in its original condition. Artwork that is returned within the Inspire Pop-Up Gallery policies will be sent from the Buyer to the Artist. The artwork will no longer be considered sold and no money will be paid to the Artist.
Payment To Artist
Payment to the Artist following the sale of artwork will be made within fifteen (15) days of delivery to the Purchaser. This allows for the expiry of any period during which the Purchaser can return the artwork and apply for a refund. The Artist will be paid the price of the artwork less the Sales Commission and sales tax if it is applicable.
To request a payment, the Artist must decide how they want to be paid. This method can be either Bank Wire Transfer, PayPal, Cashiers Check, WhatsApp, or any other recognized payment method. Inspire Pop-Up Gallery does not cover the fees of payment to the Artist.
If you chose Bank Wire Transfer, we advise you to contact your bank regarding incoming bank transfer and bank fees, so that you are aware of any additional expenses you might incur.
Article 5. Terms and Conditions for Purchaser
As a Buyer of art, you may purchase artworks that are listed on our Website. When you purchase such an artwork through the Website and Services, you are purchasing the work from Inspire Pop-Up Gallery and its’ Artists. Prices for artwork will be specified on the applicable listing.
The Buyer acknowledges that prices can include shipping, but not handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on the receipt. In addition to shipping charges, the Buyer will also be responsible for paying international customs fees, determined by the country the artwork is being shipped. Please check with your countries customs office to determine what these additional costs will be before making a purchase.
Inspire Pop-Up Gallery will collect your billing and shipping information and process your payment. The Artist identified on the listing of the original artwork will ship the purchased work directly to the Buyer.
If you purchase original artwork or limited edition print, it will be shipped directly from the Artists’ studio. If you purchase open edition prints that are listed by our Artists’ on the Website, Inspire Pop-Up Gallery, may, or may not produce and ship the purchased work to the Buyer depending on the agreement between the Artist and Inspire Pop-Up Gallery.
Our money-back guarantee does not apply to the following items:
Open Edition Prints and Limited Edition Prints, and
Photographs, as they are printed on-demand and the printing costs, cannot be recovered.
The buyer is liable for the cost of the return shipping.
Inspire Pop-Up Gallery reserves the right to cancel any order for artwork via the Services if we determine in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via our Services. If Inspire Pop-Up Gallery cancels an order placed via our Services, we will send the Purchaser an email confirmation of such cancellation and you will not be charged for your order.
Inspire Pop-Up Gallery accepts payment by Debit card or Credit card Visa, Mastercard, bank wire transfer, PayPal, or any other legal form of payment that is listed in the payment section of our purchase Checkout page. Even though all prices are in US dollars, you can pay in every currency accepted by the before-mentioned forms of payment.
Credit/Debit card payments and Bank Transfers may be subject to additional charges, which is the responsibility of the Buyer in addition to the cost of the artwork.
You represent and warrant that you have the legal right to use any Debit and Credit cards or other payment means used by you or through your Account for any such purchase.
Inspire Pop-Up Gallery does not collect any numbers and other data relating to Credit cards that are submitted by the Buyer through the Website. This data is only collected by the Credit card payment service providers.
By placing an order, the Buyer consents to the payment being charged to their Debit/Credit card account via PayPal or any other form of payment, as provided. The Buyer acknowledges that the order implies an obligation to pay. Afterward, we will send you a confirmation email of your order to your email address. The Buyers shall immediately inform us and their payment service provider in case of any suspended or actual misuse of their credit card that is related to a payment made through the Website.
Inspire Pop-Up Gallery cannot be held liable for any damages incurred by the user due to the misuse of their Credit or Debit card.
Article 6. Shipping
Inspire Pop-Up Gallery ships art to any destination in the world. All artwork is shipped directly from Artists’ studios in custom-built boxes and is shipped insured. Art will be sent via FedEx, UPS, DHL as well as other common carriers.
The buyer pays for shipping. The shipping cost will be included in the piece of artwork. Inspire Pop-Up Gallery shipping costs are based on location, and piece of art. Shipping cost will be displayed at the time of Checkout during the purchase of artwork. The price of art that the Buyer sees on the Website is what the Buyer has to pay.
If artwork arrives damaged due to poor packaging, we will deem the shipment non-insurable and we will hold the Artist responsible for the damages.
If you purchased an item and it was damaged during shipping, please contact us within 24 hours through inspirepopupgallery.com/contact and put Damaged Item in the Contact Us, Subject email heading. We will assist you in the process of resolving your issue. Please be sure to keep all shipping and packing materials that came with the shipment, as these may be needed by the shipper for the investigation. Send us detailed photographs of the damage, along with your name and order number. We must have these items process the claim and provide a return shipping label.
Our 100% Buyer Guarantee ensures that you will receive a complete refund for any purchase you are not completely satisfied with. We will contact you within 72 business hours from the receipt of your email and review the matter with you directly.
Article 7. Refunds and Returns
If for any reason you are not satisfied with your purchase of an art piece from Inspire Pop-Up Gallery you may return it within fourteen (14) days of receipt, and receive a full refund for the price of the product only. Shipping charges will not be refunded, and you will be responsible for the cost of the return shipping, and any customs and brokerage fees charged upon return.
If you decide to return the artwork, please email through inspirepopupgallery.com/contact, and put Return in the Contact Us, Subject email heading. We will need your name, email, order number, and a brief note on why you are returning the art (optional).
We will get back to you directly, and send you a prepaid return shipping label. Items must be sent with one of the following carriers, DHL, FedEx, or UPS within five (5) business days of receiving the return label. The cost of the shipping label will be deducted from your refund amount.
The artwork must be repackaged as it was when delivered to you and must be returned in perfect condition, with a Certificate of Authenticity. Art that is returned damaged will not be refunded.
We do not accept the return of Open and Limited Edition Prints, and Photographs as they are custom orders for the Buyer, made to measure and printed on demand because the printing costs cannot be recovered.
Please note that once the fourteen (14) days of the review period, or if returning the item, the five (5) day return shipping period has elapsed, the sale is considered final. No exceptions.
Article 8. Taxes
All prices are stated in USD (United States Dollars) and do not include any sales taxes, services, and goods (GST) taxes, or similar taxes.
Article 9. Color
You understand and agree that Inspire Pop-Up Gallery uses commercially reasonable efforts to display the colors of artworks accurately via the Services. However, because individual computer monitors may display color differently, we are not responsible for the color accuracy of any art displayed on the Website and disclaim all liability in this regard.
Article 10. Feedback
We welcome and encourage you to provide feedback, Comments, and Suggestions for improvements to our Services. You may submit Feedback by emailing us at inspirepopupgallery.com/contact. You acknowledge and agree that all Feedback will be the sole and exclusive property of Inspire Pop-Up Gallery.
Article 11. Copyrights and other Intellectual Property Rights
The Artist guarantees that the artwork submitted to Inspire Pop-Up Gallery is original work and does not infringe the copyright or other intellectual property rights of any third party. The Artist also agrees that we can use images of their artworks for sale, for advertising and promotional purposes without the need to additionally request the Artists permission to do so.
When the Artist agrees to make artwork available for sale, you grant us non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, published, translated, and distributed in any medium and in any form for advertising, and promotional purposes for the duration of the Artists Agreement. We reserve the right to resize or crop an image and to use a detail from an image only. We confirm that the Artist will retain the copyright in any artwork we sell on your behalf, and your copyright cannot be sold by us without your prior written consent.
The content published on the Website may not be used in any manner and for any purpose other than for viewing by the user without the express written permission of the provider. Any misuse may constitute an offense for which the user may be subject to material liability.
Article 12. Termination of the Agreement
Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either Inspire Pop-UP Gallery or the Artist, by giving a ten (10) day written or oral notification of termination from either party to the other. In the event of the Artist's death, the estate of the Artist shall have the right to terminate the Agreement. Within thirty (30) days of the notification of termination, all accounts shall be settled and all unsold artworks shall be returned by Inspire Pop-Up Gallery.
Article 13. Liability
Inspire Pop-Up Gallery will not be liable for any loss of revenue or damages arising in connection with this agreement. We will not be liable for any economic losses including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings. We will not be liable for any loss of goodwill, or reputation, or any special indirect or consequential damage arising out of or in connection with this agreement. Inspire Pop-Up Gallery has no liability of any sort (including liability for negligence) for acts or omissions of other providers of telecommunication services or faults in or failures of their networks and equipment.
We make no representation that the operation of Inspire Pop-Up Gallery will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or downtime.
Article 14. General Prohibitions
Inspire Pop-Up Gallery requires all users to agree not to use the Website for any of the following:
Create a false or misleading account with information that is incomplete, false, or inaccurate.
Post any information which is indecent, hateful, discriminatory, or inflammatory; which will infringe on any person's intellectual property rights, or rights of confidence, impinge upon any person's privacy, or constitute an incitement to commit a crime.
Posting any information which is misleading, deceptive, sexually explicit, threatening, abusive, harassing, menacing harms minors in any way.
Promote illegal or harmful activities, products, or substances, breaches any applicable local, national, or international law or regulation.
Use our Website for any purposes relating to marketing commercial exploitation of any image or other content without express prior written consent from us, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
Use our Website to copy, publish, or send mass mailings or spam.
Collect information about Members or Subscribers (including email addresses), or send marketing email or other promotional communications to Members or Subscribers without their consent.
To interfere in any way with the Website or attempt to use the Website’s Service to gain unauthorized access to any other computer system.
Access, tamper with or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers.
Interfere with the normal operation of our Services or the access of any Members or Subscribers, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our estimation) an unreasonable or disproportionately large load on our servers or systems.
Use any robot or any automatic or manual process to monitor or extract data from our Services without our express prior written permission.
Use any meta-tags or other hidden text or metadata containing any Inspire Pop-Up Gallery trademark, service mark, product name, or URL without our express prior written permission.
Breach, disable or circumvent any security or authentication measures on or in connection with our Services.
Use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Inspire Pop-Up Gallery trademark, service mark, product name, logo, trade dress, or the look and feel of any of our Services.
Remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source of ownership of any image or other content. Inspire Pop-Up Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Article 15. Links
Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.
Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us concerning any such websites or services, or any information, materials, goods, or services on or available from any such website or service.
You (the User) are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or information, materials, goods or services on or available from any such websites or services.
Article 16. Gift Certificates
The Inspire Pop-Up Gallery Gift Voucher is valid until six (6) months from the date of issuance and can be redeemed for any artwork or Service on www.inspirepopupgallery.com. The Voucher is non-refundable and cannot be exchanged for cash in part or full. The maximum value that may be loaded on a Gift Voucher is $3000.
Inspire Pop-Up Gallery will send your Gift Voucher as soon as payment has been cleared or when otherwise specified. We cannot be responsible for any delays, no matter how they are caused.
Also, we cannot take responsibility for any Gift Vouchers that are lost or used by someone other than your recipient after delivery. Please make sure your recipient has received their Gift Voucher, as it is their responsibility to keep the voucher details safe. We cannot be held responsible if a Gift Voucher is used by someone other than your recipient if the email address entered is incorrect.
We are not responsible if a Gift Voucher is lost, stolen, damaged, or destroyed. No replacement will be provided in these circumstances.
Article 17. Changes
Changes to our Services
We reserve the right to change, modify, add, remove, or discontinue any of our Services in whole or part, temporary or permanently, with or without notice, for any reason or no reason, at any time at our discretion. We will not be liable to you (the User) or any third party for any damages or losses of any kind resulting directly or indirectly from changes made by us to our Services.
Changes to these Terms and Conditions
We reserve the right to change these Terms, including the right to change, modify, add, or remove any part of these Terms, without prior notice, at any time at our sole discretion. All changes to these Terms will be effective when posted on our Services, or at a later date specified in the updated Terms.
By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and updated Terms. You (the User) agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.
Article 18. Dispute Resolution, Governing Law and Jurisdiction
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
These General Terms and Conditions may be presented to you in more than one language. However, the English language version of these General Terms and Conditions shall prevail. Any contract between Inspire Pop-Up Gallery and any other party shall be conducted in English.
If a dispute arises between you and Inspire Pop-Up Gallery, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly.
These Terms and Conditions are to be interpreted in accordance with the laws of California, United States of America (USA), and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the USA courts. Any action concerning any dispute concerning the Services must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Article 19. Contacting Inspire Pop-Up Gallery
If you have any questions about these Terms or Conditions, please contact Inspire Pop-Up Gallery at:
Phone Number: 949 939-6313
Article 20. Activation of Terms and Conditions
These Terms and Conditions are applicable from November 15, 2020