Mearto Buyer’s Agreement

WHEREAS, Mearto is in the business of providing online appraisals of fine art, antique and collectible items on the website, https://mearto.com

WHEREAS, Mearto is also in the business of providing an online marketplace for sellers and buyers of artworks and antiques to buy and sell works of art, antiques and collectibles;

WHEREAS, the buyer wishes to purchase works of art / antiques / collectibles on Mearto’s online marketplace in accordance with the terms and conditions set out in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set out herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Services provided

   Mearto agrees to appraise and sell works of art / antiques / collectibles (collectively known as “items”) on behalf of sellers on Mearto’s online marketplace (the "services") and the buyer wishes to purchase such item in accordance with the terms stated herein.

2. Term

   The term of this Agreement (the "Term") will begin on the execution date of this Agreement and will remain in full force and effect during the buyer’s use of the marketplace and for every transaction/purchase made by the buyer in the marketplace.

   This agreement will be terminated or become ineffective should the buyer stop using the marketplace for a consecutive period of six (6) months.

   Access and use of the marketplace is free and without subscription. Mearto may however terminate the use or access to the marketplace if the buyer has breached any terms of this agreement or abuses the access / use of the marketplace e.g. constantly making unreasonable offers or using disrespectful or offensive language when communicating with other users.

3. Mearto’s Obligations

   Mearto agrees to take all necessary steps to provide adequate service to the buyer.

   Mearto agrees to duly notify the buyer of any changes and/or requirements to its services or any major changes to the online marketplace.

   Mearto agrees to respond to all queries from the buyer within a reasonable timeframe.

4. Buyer’s Obligations

   The buyer agrees to make all payments adequately and promptly.

   The buyer agrees to keep all communication with sellers strictly on Mearto’s platform.

   While the seller may provide an asking price, the buyer may negotiate or request a lower price by contacting the seller directly through the online marketplace.

   The buyer may request further information or pictures from the seller to validate the authenticity of the item.

5. Payment

   For purchases made on the online marketplace, the buyer agrees to pay prices set by the seller, or as agreed between the buyer and the seller (the “Purchase Price”). Payment must be made in full before the seller makes shipping arrangements.

   All payments shall be handled through Mearto and made via Stripe.

   Mearto shall hold all payments made by the buyer in a secure account for 30 days. Following the 30 days, if a refund has not been requested by the buyer, payment shall be automatically remitted to the seller.

   The buyer will be responsible for all income tax liabilities or similar contributions related to the purchase of the item, and the buyer will indemnify Mearto in respect to any such payments required to be made by the buyer.

   The buyer may be asked to supply certain information relevant to the Purchase including, without limitation, name, phone number, address, email address and any such information needed to complete payment and make shipping arrangements.

6. Shipping and Delivery Policy

   The seller shall be responsible for packaging and arranging delivery of the item to the buyer. The seller will be responsible for paying all shipping costs and related expenses.

   The seller agrees to secure adequate insurance for the item and assumes responsibility for any damage(s) that should occur during the transportation of the item to the buyer. Should the buyer receive a damaged item, the buyer is to contact the seller immediately with photo evidence, and such matter shall be resolved independently between the buyer and the seller.

   The seller shall provide a tracking number once the item has been shipped. The buyer’s signature will be required on delivery. The buyer shall be available to provide such signature or request an alternative address or safe place to deliver the item. If the buyer requests an alternative address (e.g. a neighbor’s address) or a safe place for the item to be delivered, the buyer shall bear the risk of any damage to the item once delivered to such alternative address or safe place.

   Any estimated delivery date provided once the item has been shipped is estimated and should not be considered the confirmed date of delivery.

7. Return and Refund Policy

   If the buyer is unsatisfied with the item received from the seller and wishes to return the item for any reason, the buyer has 30 days from the date that the item’s shipping details were provided by the seller to contact both Mearto and the seller to request a return / refund.

   The buyer shall be responsible for packaging and arranging return delivery of the item to the seller. The buyer will be responsible for paying all return shipping costs and related expenses.

   The buyer agrees to secure adequate insurance for the item and assumes responsibility for any damage(s) that should occur during the transportation of the item back to the seller. Should the seller receive a damaged item, the seller is to contact the buyer immediately with photo evidence, and such matter shall be resolved independently between the buyer and the seller.

   The buyer shall provide a tracking number once the item has been shipped. The seller’s signature will be required on delivery. The seller shall be available to provide such signature or request an alternative address or safe place to deliver the item. If the seller requests an alternative address (e.g. a neighbor’s address) or a safe place for the item to be delivered, the seller shall bear the risk of any damage to the item once delivered to such alternative address or safe place.

   Any estimated delivery date provided once the item has been shipped is estimated and should not be considered the confirmed date of delivery.

   Mearto will remit the purchase price for the item once the seller has confirmed (by signature on delivery) that the item has been returned by the buyer. In the event that the item is not received within 30 days of the return request, payment shall be automatically remitted to the seller.

8. Confidentiality

   Confidential information (the "Confidential Information") refers to any data or information relating to the buyer which would reasonably be considered to be proprietary to the buyer and the release of that Confidential Information could reasonably be expected to cause harm to the buyer.

   Mearto agrees that it will not disclose, divulge, reveal, report or use, for any purpose except providing the service herein this agreement, any Confidential Information which Mearto has obtained under this agreement from the buyer. The obligations of confidentiality will apply during the Term of this agreement and will survive indefinitely upon termination of this Agreement.

   The seller has agreed to keep all confidential information provided by the buyer secure and protected under relevant privacy policy laws. The seller shall not divulge, disclose or report any such information to any third-party except in providing services to the buyer or upon a subpoena or court order.

9. Ownership

   Ownership of the item shall remain that of the seller until delivered and accepted by the buyer.

   Ownership of the item shall automatically transfer to the buyer once accepted (by signature on delivery) except when a return / refund has been requested by the buyer.

10. Independent Contractor

    In providing the Services under this Agreement, it is expressly agreed that Mearto is acting as an independent contractor and not as an employee of the buyer. The buyer and Mearto acknowledge that this Agreement does not create a partnership or joint venture or a franchise between them and is exclusively a contract for service.

11. Notice

    All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the addresses above or email addresses provided below:

    1. [email protected] (Mearto’s email address)
    2. Buyer’s email address provided to create a Mearto account or to such other address as either Party may from time to time notify the other.
    
    

    Any amendment or modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

12. Limitation of Liability

    Mearto or any seller on the marketplace assumes no responsibility, and shall not be liable for, any delays caused by incomplete or incorrect information provided by the buyer.

    To the maximum extent permitted by law, Mearto accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the online marketplace or the service(s) provided on it.

    In the event of third-party services (including the services provided by sellers on the marketplace), Mearto makes no claims or promises with respect to such services. Accordingly, Mearto is not liable for any loss or damage that might arise from third-party actions or omissions.

    The buyer should be aware that they use the online marketplace and its Content at their own risk. Mearto accepts no liability for any disruption or non-availability of the online marketplace resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

    While Mearto does its best to maintain the operation of the online marketplace for the Service(s), the buyer understands that the online marketplace may be temporarily suspended for operational reasons (e.g. for repairs, planned maintenance or upgrades). Mearto shall endeavor to restore the Service as soon as reasonably possible after any suspension.

    Mearto shall not be held liable for any negligence of a seller on the online marketplace. The buyer shall pursue any such seller personally for such negligence.

    Items sold on the online marketplace are sold “as is” and without any warranty expressed or implied to the full extent permissible under applicable law, and Mearto specifically disclaims the implied warranties of title, authenticity, merchantability, fitness for a particular purpose and non-infringement.

13. Dispute Resolution

    Any dispute arising from this Agreement between the buyer and Mearto shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator in Denmark, or as agreed upon by the parties.

    Mearto encourages buyers and sellers to try and settle conflicts amongst themselves. The means and method of resolving such dispute shall be as agreed by the buyer and seller.

14. Severability

    In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

15. Waiver

    The waiver by any Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Parties will not be construed as a waiver of any subsequent breach of the same or other provisions.

16. Governing laws

    This Agreement shall be construed and enforced pursuant to the laws in Denmark. The parties agree to submit to the jurisdiction of the courts in Denmark.