Terms of use

1. TERMS OF USE

Hoovus Art OÜ, a company registered in Estonia with company number 16084878 ("Hoovus Art"), registered offices located at Salme 31-3, Tallinn, 10413, Estonia, and its Website hoovus.com and any other websites owned by Hoovus Art (collectively the "Website") provides service to you subject to the following Terms and Conditions, which may be updated by us on a regular basis and without notice. These Terms and Conditions constitute a binding agreement between Hoovus Art and you governing your use of the Website. By using and/or visiting the Website, you agree to both these Terms and Conditions and to the Privacy Policy (the "Privacy Policy"), which is available at https://hoovus.com/legal/privacy-policy. This link can also be found on the Hoovus website homepage for review.

Before you may use or become a member of the Website, you must read and accept all of the Terms and Conditions and Privacy Policy. As you read this Agreement, you should also access and read the linked information. You are only authorised to use the Website if you agree to abide by all applicable laws and these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website or any of Hoovus Art OÜ associated properties.

Description of the Hoovus Service

"Seller" means the seller of record for any Artworks

"Buyer" means the person whose name is printed on the Order

Hoovus provides a platform on which the Buyer can purchase art directly from the Seller (Artist) of his/her choice. By agreeing the terms and conditions the Artist agrees to be a Seller and authorizes Hoovus to send out the invoice to the Buyer under their name by acting as a mediator during the transaction process. It is recalled that Hoovus Art in its capacity as host acts as a simple intermediary and is in no case a reseller of the Products offered by the Sellers within the platform. The Sellers provide the information about their products on the Hoovus marketplace. Furthermore, the Sellers are obligated to create a biography on the website that is visual for the customers of the website. When selecting the Sellers products that the Buyer wishes to purchase from the Seller, the Buyer makes a binding order to purchase the products from the Seller on the terms and conditions presented to the Buyer. After having received the Order confirmation, Hoovus will transmit the details of the Order to the Seller. When the Order is accepted by the Seller and Hoovus has provided the Buyer with an order confirmation on behalf of the Seller, the Buyer and the Seller enters into the Purchase Agreement. Hoovus will provide the Buyer with a receipt on behalf of the Seller. The Buyer and Hoovus enter into a legally binding agreement for the purchase of any delivery services ordered by Buyer through Hoovus.

2. WEBSITE ACCESS

Hoovus Art grants you permission to use our Website as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Website in any medium without Hoovus’ prior written approval; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose (iii) you agree to the Terms and Conditions as set forth in this document, and (iv) your use of the Website as permitted is solely for your own personal use.

In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Hoovus Art of any unauthorised use of your password or account or any other breach of security.

Hoovus Art cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Hoovus Art suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website.

You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Hoovus Art servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Hoovus Art grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hoovus Art reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

3. THE WEBSITE

These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Submitted Art by artists and any other materials (collectively the "Content") or services to the Website. The Website may contain links to third party websites that are not owned or controlled by Hoovus Art. Hoovus Art has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Hoovus Art from any and all liability arising from your use of any third-party website.

4. USER CODE OF CONDUCT

The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.

You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:

  • is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  • infringes or violates any patent, copyright, trademark, trade secret or other property right;
  • violates any laws;
  • wa reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speproech;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;
  • is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • harms minors in any way.

In addition, you may not use the Website to:

  • provide false or deceptive information within your profile or any other Content you post on the Website;
  • delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;
  • allow usage by others in such a way as to violate these Terms and Conditions;
  • copy, modify, or distribute (i) Content from any Website or (ii) any Hoovus Art copyrights or trademarks;
  • impersonate any person or entity, including, but not limited to, a Hoovus Art official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

5. SALES OF ARTWORKS

Sellers offer Artworks for sale and rental via the Hoovus Website. Hoovus is an agent for the Seller in the sale or rent of any Artworks except where otherwise stated. These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any terms and conditions applicable under any purchase order, Rental Agreement, confirmation of order or any other applicable documents.

Hoovus Art's or the Seller's employees are not authorised to make any representations concerning the Artworks unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Artwork which are not confirmed in this way.

6. PURCHASE PROCESS, ORDERS AND SPECIFICATIONS

For purchasing Artworks, select wished products from our Website and add them to your shopping cart.

Your cart will be created as soon as you click on the "Add to Cart" link. You can change the number of products in the shopping cart in the "quantity" box.

On the ordering page, enter the required information and click the "Checkout" button. After that, your invoice will be displayed on the screen. Be careful when filling in the fields on the ordering page, as the accuracy and correctness of this information depends on the fast and trouble-free delivery of the products you have purchased.

The contract for the sale of products is considered concluded when the amount of money stated on the receipt of the invoice has reached on the Hoovus Art OÜ current account.

  • All Artworks are offered for sale or rental subject to availability and subject to Hoovus Art and the Seller's acceptance of the Order.
  • Hoovus Art and the Seller reserves the right to reject any Order without the obligation to assign any reason for so doing.
  • Hoovus Art has a policy of continuous product development with the Sellers, Artists and Curators we work with and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the bespoke, handcrafted nature of many of the Goods sold on Hoovus Art, the exact size of Artworks may alter slightly from piece to piece and from the official Artworks dimensions listed on the Hoovus Art website.
  • The Seller endeavours to display and describe as accurately as possible the printed colours of the Artworks which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor or home printing device.

7. PRICE, PAYMENT AND CURRENCIES

  • Orders can be paid for securely using Estonian bank links (Swedbank, SEB, Nordea, LHV, Krediidipank, Coop).
  • The payment is made outside the Website environment in the secure payment environment of the service provider Maksekeskus AS.
  • The Seller and Hoovus ART OÜ does not have access to the Customer's bank details and credit card details.
  • All prices are in EUR (symbol €) and include 25% commission fee.
  • Hoovus Art OÜ reserves the right to change prices.
  • Your company is the chief processor of personal data, your company forwards the personal data necessary for making payments to the authorized processor Maksekeskus AS.
  • The Buyer undertakes that all details provided to the Seller and Hoovus Art for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Artworks ordered. Hoovus Art reserves the right to obtain validation of the Buyer's credit card or debit card details before accepting the Buyer's Order.
  • Any credit towards payment is accumulated and may only be applied at the sole discretion of the Seller. Hoovus Art reserves the right to limit, invalidate, or deny the application of credit to a purchase or rental at any time. Hoovus Art may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
  • Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Hoovus Art. Unless otherwise agreed by Hoovus Art, any discounts or promotions are not cumulative, and no more than one discount or promotion shall be used on the same Order.
  • Sales Commissions and Financial Conditions

    • The sales commission applies to the entire order automatically when the Seller adds their work to the platform. For each sale of original work, Hoovus will receive a commission in the amount of 25% (taxes included if applicable).
    • For example, for the Seller subject to a 25% commission: For a painting sold for 1000€ with the rate of 25% will be applied to the work on a total amount of 1250€. The final price of the Hoovus.com website needs to match every other website where the art piece is sold at.
    • Hoovus will transfer to the Seller the total amount of the order minus the commission after confirmation of receipt of the order by the Buyer and once the withdrawal period has passed. Payment will be made to the Seller's bank account mentioned on his account.

    When the Buyer has not confirmed receipt of the Product and if the Seller has not received a dispute within the time limit set for the Buyer to make the complaint, and no other information is available from the delivery person or customs services, then the product will be considered received 45 days after the actual shipment date.

    The commission remains with Hoovus in the event of cancellation of an order on the initiative of the Seller when it is excessive or repeated. Hoovus reserves the right to suspend payment of sales to the Buyer in the event that the Seller fails to fulfill its obligations.

    Payment to the Seller may be requested at any time after the 14 day withdrawal period has passed. Payment is made by transfer to the Seller's bank account mentioned in his Hoovus account 48 working hours after the request. The request is made from the Seller's sales account. Other payment methods may also be used in certain countries, in agreement with the seller.

8. DELIVERY

  • The Artworks are delivered to all European countries
  • Shipping costs are paid by the Buyer and the corresponding price information is displayed next to the shipping method.
  • Shipments within Estonia usually reach the destination specified by the Buyer within 3-7 working days from the entry into force of the sales contract.
  • In exceptional cases, the right to deliver the goods within up to 60 calendar days.
  • Any dates quoted for delivery of the Artworks are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Artworks howsoever caused.
  • The Buyer must inspect the Artworks on delivery and, in the case where Artworks have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Artworks indicated on that document free from any apparent defect or damage. If the Artworks are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
  • If the Buyer wrongfully fails to take delivery of the Artworks, the Seller shall be under no obligation to refund the Price.
  • Purchased Artworks may not be returned to the Seller except as provided in Condition 11 below.
  • Rental Artworks may be returned or exchanged as detailed in the Rental Agreement in addition to circumstances as provided in Condition 11 below

9. RISK OF DAMAGE AND TRANSFER OF GOODS

  • Risk of damage to or loss of the Artworks will pass to the Buyer on delivery at the agreed address.
  • Notwithstanding delivery and the passing of risk in the Artworks, property in the Artworks will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
  • The transfer of the Artworks is provided by DHL delivery service. The Artworks are collected from the Sellers location and delivered to the Buyers inserted address.

10. RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS

  • Returns and exchanges of rental Artworks are governed by the Special Conditions of the Rental Agreement in addition to the relevant conditions of this clause that follow.
  • The buyer shall have the right to return a purchase within 14 days of Receipt for an exchange or refund at his/her preference if the item is Defective or for any other reason provided they do the following:
    • Email info@hoovus.com within fourteen days of Receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund;
    • Return the Artworks to Hoovus Art in the condition it arrived in, via the instructions that Hoovus Art sends following your email;
    • All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
  • Hoovus Art will not be held liable for any damage to any Artworks caused anytime after Receipt of the Order. Hoovus Art will not be able to accept any returns of Artworks that have been damaged after Receipt.
  • Hoovus Art will process and refund/exchange all returns within 30 days of receiving returned Artworks from the Buyer in the post or via our chosen common carrier. For Artworks shipped to a different country from the origin country for such Artworks, Hoovus Art may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
  • Buyers may request to cancel an Order within 24 hours of placing the Order by emailing info@hoovus.com . Hoovus Art will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.

11. USER CONTENT & ARTIST SUBMISSIONS

The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Website users ("Opinions") and any Content provided to us by Website users are not endorsed by Hoovus Art, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Website is the sole responsibility of the person who originally posted the Content.

Hoovus Art requires all artists to agree to the art submission terms and conditions set forth in the submission process and these Terms and Conditions when submitting their art works for consideration ("Art Submissions"). While Hoovus Art makes every attempt to validate the legitimacy of all Art Submissions before showcasing and selling work on the site, the person uploading any such Art Submissions, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such Art Submissions being sold via the Website or otherwise made available on the Website.

12. INTELLECTUAL PROPERTY RIGHTS

The Content on the Website, excluding any Art Submissions, created by Hoovus Art and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Hoovus Art, subject to copyright and other intellectual property rights under Estonia and foreign laws and international conventions. Content on the Website is provided to for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Hoovus Art or as expressly provided herein. Hoovus Art reserves all rights not expressly granted in and to the Website and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Art Submissions of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art Submissions for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

14. TERMINATION

Hoovus Art may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Hoovus Art services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Hoovus Art product or service. Termination of your account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Hoovus Art's sole discretion and that Hoovus Art shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

15. MODIFICATIONS TO THE WEBSITE

Hoovus Art reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Hoovus Art shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

16. WARRANTY DISCLAIMER

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Hoovus Art, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Hoovus Art, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Hoovus Art makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. Hoovus Art does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Hoovus Art will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Hoovus Art or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

17. LIMITATION OF LIABILITY

  • In no event shall Hoovus Art, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Hoovus Art, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • You specifically acknowledge that Hoovus Art shall not be liable for any content, any Submitted Art, Copyright violation by a user of the Hoovus Art Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
  • With regards to Artworks purchased by the Buyer, the liability of Hoovus Art, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
  • The Website is controlled and offered by Hoovus Art from its facilities in Estonia. Hoovus Art makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18. INDEMNITY

You agree to defend, indemnify and hold harmless Hoovus Art, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Hoovus Art, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content or Art caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.

19. ABILITY TO ACCEPT TERMS & CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

21. TRADEMARKS

All of the Hoovus Art and Website trademarks are owned by Hoovus Art and may not be used for any purpose without the prior written permission of Hoovus Art.

22. GENERAL

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Hoovus Art's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Hoovus Art reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. VIOLATIONS OF THESE TERMS & CONDITIONS

Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to info@hoovus.com. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. Hoovus Art will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.