Terms of Use

OVERVIEW

This website is operated by Metmerize. Throughout the site, the terms “we”, “us” and “our” refer to Metmerize. Metmerize offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, Policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and Policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.hio

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Metmerize’s Services connect people around the world to sell and buy “Handmade” and “High Quality” works of metal artists and jewelry designers under these categories:

Jewelry, Sculpture (Large & Small Scale), Furniture, Home Accessories (Serve ware, Flatware, Cutlery), Home Décor, 3D Art (Not Mass Produced), Recycled Metal Arts (Lower Transaction Fee), Others (Any form of Metal Arts)

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  • Metmerize’s services are available to users who are 18 years or older in order to have a binding contract between buyer and seller.
  • You agree with all the sections under the Terms of Service and Policies. You may not misuse Metmerize’s services or act in the manner of damaging the reputation of our marketplace.
  • Metmerize reserve the right to use, copy, distribute and disclose any materials uploaded by you in the public section of your profile to promote its services.
  • Accounts that are violating any of Terms of Service or Policies of Metmerize are subject to review, which may result in suspension or termination of the account at any time.
  • You are responsible for paying all fees and applicable taxes associated with using Metmerize.
  • Metmerize reserves the right to remove unconfirmed or inactive accounts as well as reserving the right to refuse service to anyone, for any reason, at any time.
  • Metmerize reserves the right to remove any item which is inappropriate or that could subject Metmerize to legal action.
  • Your account information and your Email address must be up-to-date and accurate at all times.
  • By registering as a seller, you are allowing Metmerize to put you on its artist profiles page. After registering, you should send us a photo to be used as your profile picture, or we will choose a photo from your give website/portfolio or social media accounts to be used. We reserve the right to use this picture solely to represent as your profile picture, and not to sell or claim it at anyway.
  • All sales between buyers and sellers are binding.
  • Metmerize cannot and will not be held liable for any damage or loss to your account in case of failure to keep your account information such as your password, secure.
  • Metmerize reserves the right to decline transactions that we believe to be high-risk, fraudulent, or in violation of Metmerize’s Terms of Service.
  • By using Metmerize’s services, sellers authorize us, and authorized agents, to verify their information by accessing public records and credit reports about the sellers in order to approve their profile registration.
  • Any content posted using our services is your content, therefore we do not make any claim to it, including your username, shop name, profile picture, listing photo, description, review, comment, etc.
  • You must understand that you are solely responsible for your content, and you have the rights to your content without interfering or violating Metmerize’s Terms of Service, Policies, and third-party’s rights.
  • By posting contents using Metmerize’s services, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use them. We do not claim any ownership to your content, but we have your permission to help Metmerize grow and for its promotional purposes.
  • You will also grant a permit to Metmerize, to choose your business, profile and its content to promote it on the homepage of Metmerize as its featured artist.
  • You are responsible for paying any fees associated with your account and also solely responsible for collecting and paying any applicable taxes for any purchases and sales you make through our services.
  • Sellers and buyers are responsible for all communications, specifications, and transactions. Metmerize does not represent either party in a transaction. 

SECTION 3 - SELLER POLICY - YOUR RIGHTS AND RESPONSIBILITIES AS A METMERIZE SELLER

Handmade:

Every item listed on Metmerize must be made or designed by you, the seller. Other people or your employees may help you in the process of creating your pieces, but you, as a designer must disclose their roles in your business. You are not allowed to sell items you did not make or design on Metmerize. To clarify further, reselling is not permitted on Metmerize unless the individual is an agent or manager authorized by you, the designer. 

  • 3D Makers: 3D Makers are allowed to list their items on Metmerize, however, we strictly prohibit any mass production. The Terms and Policies regarding uniqueness and the quality will still apply to 3D arts.
  • Recycled Art: Metmerize promotes the works of artists who use found objects and recycled materials to create their art, however, we emphasize on the quality of your works and we prohibit reselling on Metmerize. Metmerize will review your business and items to ensure the use of recycled materials in your art. Businesses that cannot provide us with a proof of their recycling process, will not get approved to sell under the category of recycled art.

By listing items on Metmerize, you are agreeing to this Policy and Terms of Service.

Quality:

The quality of a finished piece certainly plays an important part in buyer’s satisfaction of the purchase. Metmerize wants to emphasize on the quality of the items you list. We will review each item on your list before its appearance in your shop. To make sure we provide the best services for you and buyers, we will make a decision in 1-2 business days based on our community standards. We value quality, not quantity.

Honesty:

You are responsible for providing accurate and honest information in representing yourself, your products and your business. Our community shares the common goal of building trust between Metmerize, buyers and you.

Please use your own photograph when you are registering your profile, also any written materials on your profile or about your items need to be written by you.

Present yourself with a complete profile information, tell us about your experiences and business story, let your customers learn about you and your arts. 

You must guarantee the condition of the items you list, and may not misrepresent the item to be sold in any way.

Prohibited Items:

Metmerize is a curated marketplace, therefore we will review each item the seller lists, as well as reviewing your business to ensure the accuracy of your contents.

Metmerize will in its sole discretion determine whether an item offered for sale is prohibited, and may disapprove listings, without any notice to the seller.

Selling weapons, hate items, violent items that promote, support and encourage violence is restricted on Metmerize.

Any type of weapon such as guns, knives or other blatant weapons even if they are handmade is prohibited. However, selling cutlery knives and other knives used as tools is allowed. 

Shipping Policy:

You are responsible for shipping your order based on the processing time or deliver it on time, as you listed on your account.

You are responsible for filling in your orders and to be able to provide Metmerize or the buyer with a valid proof of shipping, and proof of delivery for items shipped within the Unites States including shipping or tracking number.

Ship your items promptly after they are sold, items must be shipped no later than 30 days of purchase unless otherwise specified in your processing time.

Charge a reasonable and accurate shipping cost.

In order to avoid loss of any kind to your shipment and to minimize the risks, you may purchase insurance services for packages you ship.

Refunds & Returns: Since Metmerize is a marketplace of independent shops, refunds, returns, and exchanges are handled differently from seller to seller. Sellers are required to state their refund, return and exchange policy clearly.

Photo Policy:

Metmerize’s goal is to present the artists and their work in the best way possible. Since we are a curated marketplace, each photo will be vetted to assure a measure of overall quality control. We aim for high-quality pictures with appropriate contents that will help buyers make confident decisions by zooming in to see the art piece in details.

In order for your photos to get approved, please follow these guidelines:

  • Size: 840 x 840 pixel is recommended
  • High quality and clear photos
  • Photos of different angles are recommended
  • Reasonable lighting
  • White/Black background recommended (Any Solid Color)
  • *Professional still life and editorials are allowed (Only if close up pictures are available)

*Note: We would love to have beautifully captured photos in still life or editorial format (staged backgrounds, or photos of your pieces on models), but we will only approve them if you also provide photos of your pieces on a solid color background. Please note that buyers, collectors, and gallery owners will want to see close up photos in order to determine the quality of the artwork since we are an online gallery.

Reasons why your photos will not get approved:

  • Size of the photo is too small
  • Pixelated photos
  • Low resolution
  • Blurry/out of focus
  • Nudity, inappropriate content
  • Photos with filters (unreal colors)
  • Partially/unevenly lit
  • Underexposed or overexposed
  • Distracting/unrelated background
  • Unprofessional photo

*Note: We do not allow any unprofessional photos if you are looking to find a photographer in your area to shoot your pieces, please contact us and we will connect you with your local photographers.

General:

By using Metmerize you acknowledge that Metmerize is not and will not be responsible for any dispute or conflict between the users, sellers, and buyers.

Sellers agree to resolve any disputes directly with the buyer, according to Metmerize’s Terms of Service and Policies.

Seller is responsible for delivery of the purchased item or items to the buyer, on time.

SECTION 4 - BUYER POLICY - YOUR RIGHTS AND RESPONSIBILITIES AS A METMERIZE BUYER

Respect:

As a buyer, you should know that Metmerize shares a common idea with you and that is to build trust between all its users. Therefore, we would like to ask you to respect our member’s privacy and our community.

Metmerize prohibits any type of harassment, hatred, threats of violence and illegal activity when using its services.

Buyers and third party users are not allowed to use any content and items listed on Metmerize for their own self-promotion. You must mention the name of the artist and designer when sharing any materials outside of Metmerize’s platform, along with Metmerize’s name.

General:

Buyer is responsible for paying for item or items purchased, in accordance with the Policies and Terms of Service.

Buyers agree to resolve any dispute directly with the seller, according to Metmerize’s Terms of Service and Policies.

Refunds & Returns: Since Metmerize is a marketplace of independent shops, refunds, returns, and exchanges are handled differently from seller to seller. Buyers are required to read refund, return and exchange policy of the shops before they purchase an item/items.

SECTION 5 - SERVICE FEES & TAX POLICY

Service Fee:

Becoming a member, browsing through Metmerize and accessing your account whether you are a seller or buyer is free. You are allowed to list as many items as you want, free of charge.

When an item sells, there is 15% transaction fee on the final sale price (shipping fee not included).

If you are not a resident of Unites States, we require you to list your price as its equivalent in USD. The transaction fee will be 15% of the item’s price converted to USD.

Metmerize is entitled to change fees at any time, these changes are effective after Metmerize provides you with at least 14 days’ notice by posting the changes on its website and sending it to registered sellers who provided valid Email addresses.

Exception: The service fee for artists who list their items under recycled category is reduced to 9% in order to promote recycling.

Taxes:

As a seller, you are responsible for paying all fees and applicable taxes associated with using Metmerize. Remittance to appropriate authorities within the regulations and laws of your country remains the sole responsibility and liability of you.

By using Metmerize you agree that Metmerize is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the tax authorities of your country. 

All fees are excluded from shipping costs, delivery charges and any other applicable tax or charges of any nature whatsoever.

Prohibited Actions:

Any activity by a seller to avoid paying a fee is considered prohibited action and it is strictly forbidden by Metmerize. This includes encouraging your customer to buy the item listed on Metmerize through another venue. Suspicious activities will not be tolerated by Metmerize, in this case, we will terminate any seller’s account, without any notice at any time.

Seller is not allowed to modify an item’s price after sale or charge excessive shipping fee in order to avoid the transaction fees.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Metmerize has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis, and regulatory compliance.

Metmerize may share your personal or transactional information with third-party service providers when it's necessary to process payments.

By using a third-party service, you may also be subject to an agreement with the third-party.

If Metmerize receives notice that a listing or transaction violates a third party’s service agreement, we may have to take action against your account, such as canceling a transaction, removing listings from your shop, or suspending your selling privileges.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's Policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Metmerize knows that your personal information is important to you, therefore it’s important for us. Metmerize will not share any personal information that you provided us.

SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - INTELLECTUAL PROPERTY

Metmerize and all elements thereof are owned by Metmerize and may be protected by copyright, trademark, patent, trade secret, and/or other laws. Metmerize owns and retains all rights, including the worldwide copyright, in all elements of Metmerize solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Metmerize content without our prior written permission. You may not “mirror” any materials contained on Metmerize on any other server without our prior express written permission.

Any unauthorized use of any Metmerize content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Metmerize and the Metmerize logo are trademarks or registered trademarks of Metmerize. All other trademarks or registered trademarks used on Metmerize are the property of their respective holders. The use of company names, product names and logos or images on Metmerize does not necessarily constitute an endorsement of the named company or products by Metmerize.

Metmerize respects intellectual property rights, as a Metmerize user, in case you report any content that belongs to you has been posted on Metmerize without your permission, we will immediately review your report and take the necessary actions. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Metmerize does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Metmerize, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Metmerize cannot and does not confirm the identity of parties who use its services. By using Metmerize’s services you release us from liability relating to your interactions with other users. Use your judgment in all interactions with others and report us any suspicious account or activity.

You understand that Metmerize connects sellers and buyers in a common venue, therefore the items in our marketplace are offered by individuals and independent sellers. Metmerize is a curated marketplace, we will try our best to ensure the quality of the items listed. However, Metmerize cannot and does not make any warranties about their quality, safety or legality

By using Metmerize’s services you release us from any claims related to items sold through Metmerize, including for defective items, misrepresentations by sellers or items that caused physical injury such as, product liability claims.

Metmerize shall not be held liable, nor will mediate or attribute the transaction or any resulting conflict between the two parties. The transactions between seller and buyer is a legally binding contract between them.

Metmerize is not responsible for the accuracy, copyright compliance, legality or decency of content posted by its users. You release Metmerize from all liability relating to any content posted by Metmerize’s users using our services.

Any legal claim about an account, content or a purchased item must be brought directly against the seller of the item. You release Metmerize from any claims related to a purchased item, through our services. 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Metmerize and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any Policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@metmerize.com.