General Terms and Conditions of Sale
Last Updated: February 18, 2026 | Effective: April 1, 2026
Welcome to Simunye.art. These General Terms and Conditions of Sale ("Terms"), along with applicable Service Terms and Policies posted on our Services, form the agreement ("Agreement") between Simunye.art ("we," "our," or "us") and you ("you" or "User") governing your access to and use of our platform and services.
ARBITRATION NOTICE: DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Role of Simunye.art
Simunye.art is a marketplace that offers tools and features for Users to list, sell, market, browse, and buy Items. Any guidance we provide (pricing, shipping, listing) is solely informational. Sellers and Buyers are independent parties who act on their own behalf and are solely responsible for any transactions.
We are not the agent or fiduciary of these parties and are not a party to any sale transaction that may occur between Sellers and Buyers. We do not manufacture, own, sell, inspect, or take possession of the Items available on the Services, except in identified "Simunye Sales."
2. Using Simunye.art’s Services
To use our Services, you agree that you:
- Meet all applicable eligibility requirements and are above 18 years old.
- Will comply with all laws, rules, and regulations (including data privacy and IP rights).
- Are solely responsible for maintaining the truthfulness and confidentiality of your account.
- Will not manipulate prices, engage in anti-competitive behavior, or interfere with other listings.
- Will not use automated systems (crawlers, AI bots, scraping) to access non-public areas of the service.
3. Content
"Content" includes information, data, images, marks, and other materials available through the Services. You may access Content solely for your own personal, non-commercial use.
User Content: You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to store, reproduce, distribute, and modify your User Content for promotional and commercial purposes.
4. Third Party Services
Our services may require the use of Third Party Services (e.g., payment processors like Stripe or Paynow). Your use of these services is solely between you and the third party.
5. Item Listings
Sellers agree that:
- You assume full responsibility for the Item offered and the accuracy of the listing.
- We may market and promote your listings through third-party channels at our discretion.
- You will not cause undue delay in transaction completion or fail to release an Item after payment.
- All sales are final once confirmed.
6. Purchasing Conditions
Buyers agree that:
- You are responsible for reviewing all relevant information and requesting supplemental documentation (CoAs) before purchase.
- All bids and offers are binding once submitted and may not be modified or revoked.
- The "Total Purchase Price" includes the item price, shipping, insurance, and applicable taxes.
7. Additional Seller Terms
Sellers may have supplemental terms of sale which will be posted on specific listings.
8. Receipt and Use of User Information
Once a transaction is confirmed, you authorize us to disclose relevant contact information to the other party to facilitate completion of the sale.
9. Simunye's Buyer Guarantee
Certain Buyer Guarantees may apply if noted. Resolutions are at our sole discretion.
10. Offline Purchases
Any transaction initiated on the platform must be completed through the platform. Transactions taken offline are at the user's sole risk and are not covered by the Buyer Guarantee.
11. Auctions
We provide automatic bidding systems where you enter a "Maximum Bid". Our system bids on your behalf to maintain your position up to your limit. Bids are final and binding.
12. Artist Resale Royalty
Sellers are responsible for determining the applicability of royalties (e.g., Artist Resale Right) and remitting them to the appropriate party.
13. Commission and Fees
Sellers agree to pay a commission on each purchase initiated through the services. All fees are non-refundable and typically paid in USD or local equivalent.
14. Taxes
Buyers are responsible for Transactional Taxes (sales tax, VAT, duties). Sellers must collect and remit these where required by law.
15. Payment
Payment must be settled within the specified deadline (typically 7 days for auctions). We may use "Simunye Pay" (via Stripe/Paynow) to accept payments on behalf of Sellers.
Buyer Default: If payment is not received, we may cancel the sale, resell the item, or commence legal proceedings.
16. Passage of Title and Risk of Loss
Legal title and risk of loss pass to the Buyer upon confirmation of final payment or delivery, whichever occurs first as per standard commercial codes.
17. Resale of Item
Buyers may not re-offer an item for sale until it has been paid for in full and physical possession has been assumed.
18. Shipping
Sellers and Buyers are responsible for packing, pickup, and fulfillment. If "Simunye Shipping" is selected, we facilitate communication with third-party logistics.
Abandonment: Items not delivered within 45 days due to Buyer non-cooperation may be deemed abandoned.
19. All Purchases are Final
Once a purchase is confirmed, it cannot be revoked. Refunds are only issued at the sole discretion of the platform or in cases of proven breach of warranty.
20. EU/UK Cancellation Rights
Consumers in the EU/UK may have a 14-day right to cancel orders from professional traders, except for auctions or custom items.
21. User Disputes
Disputes between users must be resolved directly. Our mediation assistance is provided in good faith but is not a legal judgment.
22. Seller Representations and Warranties
Sellers warrant that they own the item, that title is free of liens, and that the item is authentic.
23. Seller's Authorship Warranty
Sellers warrant to the Buyer for a period of 1 year that the item is authentic and not a forgery. If a breach is found within 180 days, the Seller must refund the price upon return of the item.
24. Indemnification
You agree to defend and hold harmless Simunye.art and its affiliates from any claims arising out of your items, conduct, or breach of this agreement.
25. Disclaimer of Warranties
The services and all items are provided "AS IS". We disclaim all warranties of merchantability, fitness for a particular purpose, or authenticity beyond the explicit warranties provided by Sellers.
26. Notice and Electronic Communications
You consent to receive all notices via email or through the platform interface.
27. Dispute Resolution & Arbitration
All disputes will be settled by binding arbitration. You waive the right to a jury trial or to participate in class actions.
28. Relationship of Parties
We are independent contractors. No agency, partnership, or joint venture is created by this agreement.
29. Modification
We reserves the right to modify these terms at any time. Your continued use of the site constitutes acceptance of the updated terms.
30. Termination
We may suspend or terminate your access to the platform if you violate these terms or engage in fraudulent activity.
31. Miscellaneous
These terms are governed by the laws of the United Kingdom. If any part of these terms is found unenforceable, the remainder stays in effect. Simunye.art is headquartered in the UK, with regional operations and branches in Zimbabwe and Botswana.
Contact Us: support@simunye.art
Headquarters: United Kingdom
Regional Branches: Zimbabwe, Botswana
