.png)
Welcome to Mae. These General Terms and Conditions of Sale ("Terms"), along with applicable Service Terms ("Service Terms"), and Policies posted on our Services form the agreement ("Agreement") between Mae, Inc. d/b/a Mae and/or its affiliates ("Mae" or "we" or "our" or "us") and you ("you" or "your" or "User") governing your access to and use of our sites, mobile applications, platforms, tools, products, and services ("Services"). You agree to comply with all terms of the Agreement when accessing or using our Services.If you are using the Services as a Buyer or a Seller, these Terms, particularly beginning with section 5 onwards, also govern your relationship with other Buyers and/or Sellers and set forth the terms and conditions under which you list, market, sell, and purchase Items. If you are using our Services on behalf of or as an agent for any third party, you represent and warrant that you are authorized to bind that third party to the Agreement, in which case the terms "you," "your," and "User" may also refer to the third party. You agree to applicable Service Terms when you opt to use certain Services and any additional policies, guides, and FAQs that are made available to you in the Services, including those available here ("Policies") and our Privacy Policy. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and any Service Terms, the Service Terms will prevail as it relates to the use of the applicable Service, and both prevail over the Policies.Please read these Terms carefully. They cover important information about the Services offered to you, the terms and conditions of sale for your transactions, and the charges, taxes, and fees you may owe. These Terms include information about future changes to these Terms, limitations of liability, and a class action waiver and resolution of disputes by arbitration instead of in court, among others. By accessing or using our Services in any way, you agree to these Terms; if you do not agree to all of the following, you are not permitted to use the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT 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.As used in this Agreement:"Service(s)" means our sites, mobile applications, social media surfaces, marketplace, tools, products, and services."on the Services" means on, through, or in connection with any of Mae's website(s) and/or mobile applications and Service offered, whether offline or online, indirectly or directly, including any written communications."User" means any person or entity who Uses the Services in any way, including you."Buyer" means any User who uses the Services to bid on, make offers on, inquire or communicate about or purchase Items."Seller" means any User who uses the Services to list, offer, market, sell or communicate with Buyers about Items."Item" means any artwork, good, or property listed, offered, marketed, or otherwise made available through the Services.
Mae is a marketplace that offers tools and features for Users to list, sell, market, browse, and buy Items in a variety of pricing formats. Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing, is solely informational, and you may decide to follow it or not. Sellers and Buyers who use our Services are independent parties who act on their own behalf and are solely responsible for any transactions they may enter into through the Services. We are not the agent or fiduciary of these parties for any reason (including in connection with the sale, purchase, shipping, packing, storage, handling, or dispute of any Item) and are not a party to any sale transaction that may occur between Sellers and Buyers. We may help facilitate communication, payment, shipping, or other services between Buyers and Sellers, which are offered for convenience. Any descriptions, condition reports, information, pre-sale estimates, or other statements made by us about any Item, is not a representation of fact, but rather a statement of belief held by Mae based solely upon information provided to us by the Seller. In no event will any third-party terms, statements, or information (including those made by the Seller) constitute any representation or warranty or assumption of liability of any kind by us. On occasion, Mae itself may sell Items through the Services ("Mae Sale"), in which case we will expressly identify ourselves as the Seller on the Services. In all other cases we do not manufacture, own, sell, inspect, or take possession of the Items available on the Services. We reserve the right to determine and control any and all aspects of the Services, in whole or in part, including the right to: (i) re-design, revise, refuse, add, or remove any aspect of the Services (including the appearance, design, and functionality of the Services or any Content, as defined below); and (ii) limit, modify, terminate, suspend, or refuse the use of any or all of our Services to anyone at any time.
We offer a wide range of Services, some of which have additional eligibility requirements. We will notify you of those requirements in the Agreement or otherwise in connection with those Services. To use our Services, you agree that you:
2.1. meet all applicable eligibility requirements;
2.2. have all necessary rights and authority to enter into a legally binding contract, are above 18 years old and can perform your obligations under this Agreement; if you are a business, that you are duly organized, validly existing, and in good standing under the laws of the country in which your business is registered;
2.3. will comply with all laws, rules, and regulations (“Laws”), Service Terms, Policies, intended and authorized use of the Services, and third-party rights including data privacy and intellectual property rights;
2.4. are not located in a country embargoed by the United States and are not on any sanctions, prohibited or restricted party lists; and will not transact with any party in the Services with whom transactions are prohibited under economic or trade sanctions Laws;
2.5. are solely responsible for maintaining the truthfulness, accuracy, and confidentiality of your Mae account and for all activities that occur through your account. You are also responsible for maintaining the security of login credentials and agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or login credentials or any other breach of security on our Services; and you cannot transfer, lease, or sublicense your account;
2.6. are responsible for all of your own expenses and for providing any equipment you require in connection with your use of the Services;
2.7. have all necessary rights and authority to offer or otherwise be able to sell an Item;
2.8. will pay for Items purchased by you or release for shipping Items sold by you, and will timely cooperate or communicate with us or another party to complete any transaction, shipment, or delivery;
2.9. will provide information or supporting documentation to verify your identity, transactions, financial information, or tax-exempt status, or as we otherwise deem necessary so that we can complete required Know Your Customer or other diligence;
2.10. will not take any action under the Agreement that conflicts with your obligations to any third party;
2.11. will not manipulate the price of any Item, engage in anti-competitive or abusive behavior, or interfere with any other User’s listing or transaction;
2.12. will not provide, publish or transmit information about yourself or your Item(s) that is untrue, misleading, abusive, obscene, vulgar, pornographic, or indecent; and will not circumvent any suspension or termination of your account;
2.13. will not misrepresent your identity or your relationship with any person or entity, including Mae, an artist, or gallery;
2.14. will not attempt to, assist, or encourage any other person or entity to violate the Agreement;
2.15. will not access our Services by any means other than the interface and instructions that we provide; access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers; breach, disable, or circumvent any security or authentication measures on or in connection with our Services; forge any TCP/IP packet header or any part of the header information in any email or posting; interfere with the normal operation of our Services or the access of any User, including transmitting any viruses, spyware, scraping, crawlers, data mining, or harmful code; embed links, advertising, chain letters, spam, or pyramid schemes of any kind; use any artificial intelligence systems, machine learning models or tools; flood our Services with excessive requests or traffic; or take any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems.
2.16. will not copy, modify, aggregate, adapt, translate, reverse engineer, decompile, mirror, frame, disable, publicly display, reproduce, create derivative works from, perform, distribute or otherwise use in any way, any portion of the Services or Content, other than as expressly permitted by Mae or the applicable third-party rights holder;
2.17. will not harvest, reverse engineer or otherwise collect or use User information (including email address, name, or location) without their express consent or beyond the scope of their consent;
2.18. will not commercialize any Services, Content, information, data, or software without Mae’s or the applicable third-party rights holder’s prior express permission;
2.19. will not 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 or ownership of any image or other Content;
2.20. will not export or re-export any Mae application or tool, except in compliance with the export control Laws; will not use funds connected with any criminal activity or in violation of applicable anti-money laundering Laws;
2.21. will not engage in abusive or inappropriate conduct that undermines Mae’s Services and marketplace.We may monitor your activity, communications, and User Content in the Services. If we believe you are violating the Agreement or abusing Mae and/or our Services in any way, we may, in our sole discretion and without limiting other remedies: investigate suspected violations; limit, suspend, or terminate your account and access to our Services; assess fees and recovery of expenses for monitoring and enforcement; suspend, remove, edit, and/or not display Item listings or User Content; reduce or eliminate any discounts; cancel pending transactions, bids, or offers; and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing Users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion. We may close accounts that have been inactive for a substantial period of time, reclaim or repurpose any username or URL on our Services, change your password or require you to change your password, or otherwise confirm your account. We reserve the right to report and disclose any activity, information, or material (including User information, IP addresses and traffic information, usage history, posted material, and transaction information) to appropriate law enforcement officials, regulators, financial institutions, Payment Processors, or other third parties in order to cooperate with governmental requests, comply with applicable laws, resolve disputes, ensure the integrity and operation of the Services, or as Mae otherwise deems necessary without notice to you.Content. Content covering a wide range of art and subject matter may be available through the Services. "Content" may include: (i) information, messages, data, images, illustrations, posts, reports, articles, text, files, links, designs, graphics, descriptions, audio, videos, and other materials; (ii) the registered and unregistered trademarks, logos, trade names, trade dress, service marks, trade identities, and other distinctive brand features of various parties (collectively, "Marks"); and (iii) other forms of intellectual property. You may access and view available Content solely for your own personal, non-commercial use in accordance with the normal functionality and restrictions of our Services. Some Services may enable you to post, embed, or transmit Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). The availability of such Services does not imply or give you permission to reproduce, distribute, or otherwise use such Content in any other way. Nothing in the Agreement may be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Services without the express written permission of Mae or the applicable third-party rights holder. Content is generally uncensored. You acknowledge that you may be exposed to Content that is inaccurate, misleading, or which may include nudity, or other visual or written material that some people may consider offensive, inappropriate, or otherwise objectionable. If you allow a minor to access the Services, it is your responsibility to prevent them from accessing Content that you consider inappropriate for them.
3.1. Mae's Content. We (or our third-party licensors, as applicable) remain the sole owner of all rights, title, and interest in and to the Services, the Content (excluding your User Content (as defined below)), the look and feel, design and organization of the Services, and the compilation of Content on the Services, including all intellectual property rights therein, registered and unregistered Marks of Mae and third parties. All Marks not owned by Mae that appear on the Services are the property of their respective owners. You acknowledge that you do not acquire any ownership rights by the Agreement or your permitted use of the Services or any Content. You will not use any Mae Mark or URL in any manner that is likely to cause confusion or incorrectly suggests our affiliation with or endorsement of any person, entity, event, product, or service, nor will you use any meta-tags or other hidden text or metadata containing any Mae Mark or URL without our express prior written permission. We reserve all rights not expressly granted to you in these Terms.
3.2. User Content. You are responsible for Content you submit, post, publish, or otherwise provide through the Services ("User Content") and acknowledge that User Content will not be treated as confidential or secret and may be used by us in any manner consistent with the Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to store, process, reproduce, distribute, publish, adapt, modify, and otherwise use your User Content, in any and all media now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. This grant includes the right to exploit any and all intellectual property rights in such User Content. You waive all rights you may have to inspect, approve, or receive compensation for any use of your User Content by us or our approved licensees and any claim you may have against us or our authorized licensees for any alleged or actual infringements or misappropriation of any intellectual property rights in your User Content. You remain the owner of any intellectual property rights that you may have in your User Content; however, nothing in this Agreement restricts any other rights that we may have or later obtain with respect to your User Content (such as rights under applicable laws or other licenses). Some User Content may be marked to indicate that we may receive compensation for the placement or advertisement, and the marking is for general informational use only and is not an endorsement, representation, or warranty by us. User Content does not reflect Mae's views, and you acknowledge that we have no obligation to review or screen User Content.
3.3. Copyright Policy; Reporting Unauthorized Content. We respect the intellectual property rights of others and require that you do the same. If Content that you own or control the rights to has been published on the Services in a way that constitutes copyright infringement and you want it removed, please follow the steps in our Copyright Policy. If we receive a report of infringement that alleges that your User Content infringes upon another party's intellectual property rights, we will take appropriate action in accordance with the Agreement and the Digital Millennium Copyright Act ("DMCA").Third-Party Services. We may recommend or otherwise make available third-party websites, content, products, software, or services (“Third-Party Service(s)”) through the Services, including through links, plug-ins, and extensions. Some of our Services may require that you use Third-Party Services (for example, payment processors or identity verification services). Your use of any Third-Party Service and any exchange of data between you and a Third-Party Service is solely between you and the applicable third party and is at your sole risk. You are responsible for reviewing and complying with eligibility requirements, registration, and the Third-Party Service provider’s terms and policies before accessing or using the Third-Party Service. Certain software used in our Services may be offered under an open-source license that we will make available to you. The open-source license may contain provisions that override portions of this Agreement as it relates to the use of that software.Item Listings. When listing an Item for sale on the Services, Seller agrees to comply with the Agreement including our Listing Requirements and Restricted Materials Policy. You, when acting as a Seller, agree that:
5.1. you will register for a Mae account or with any Third-Party Service, as required;
5.2. you assume full responsibility for the Item offered and for the accuracy and content of the listing even if we facilitate the publication on the Services;
5.3. we may publish, market, and promote your listings, including related information such as sale or performance data (including the sale price achieved), on the Services and through third-party channels at our sole discretion;
5.4. unless we expressly agree in writing with respect to specific Items, each of your Items will be listed and marketed in your name; 5.5. we may publicly identify you as a Mae User on the Services and in marketing materials, and you consent to the use of your names and Marks for such purposes;
5.6. we do not guarantee that your listing will appear in any specific search results, order, or location on the Services;
5.7. if requested by Buyer, you agree to use reasonable efforts to provide a condition report or to give access to a representative engaged by the Buyer to prepare a condition report;
5.8. you will not cause undue delay in the completion of any transaction after the transaction has closed. This means you will not: (i) ask Buyers to accept additional Seller Conditions (defined below) or pay additional fees not disclosed on the Services
5.9. except as expressly provided herein, all sales are final and may not be canceled by you; Sellers acknowledge and agree that we may market and promote their Item(s) (including, if applicable, the Online Purchase thereof) and may publicly identify Sellers as Mae sellers, both on the Services and in other marketing materials distributed outside of the Services. Sellers further acknowledge and agree that each Item will be publicly listed, marketed, offered, and sold in Seller’s name, unless we agree otherwise. Each Seller consents to the use of Seller’s name and Marks for such purposes.Purchasing Conditions. Buyers are able to purchase an Item through different pricing formats, which include bidding in a timed sale (“Auction”) or submitting an offer to purchase an Item using the Services (collectively, “Purchase”). When engaging in a Purchase, you, the Buyer, agree that:
6.1. you will register for a Mae account or with any Third Party Service, as required;
6.2. you are responsible for reviewing all relevant information available through the Services and any other inspections or investigations or request any supplemental documentation required to satisfy yourself before making a Purchase. Unless a listing specifically states that a certificate of authenticity, professional valuation, or other supplemental documentation is available, neither we nor the Seller guarantee that such documentation will be available. You may request that Sellers provide additional condition reports at your own expense;
6.3. all dimensions are approximate, images, and illustrations are for identification purposes only. Items may have other faults not expressly referred to in the listing or in a condition report;
6.4. if an Item is framed, Mae is not responsible for the condition of the frame;
6.5. all bids and offers are binding once submitted and may not be modified or revoked, except with our express written consent under circumstances that we consider appropriate at our sole discretion;
6.6. if your bid is the winning bid or if your offer is accepted by the Seller, you agree to pay the Total Purchase Price. The “Total Purchase Price” is the sum of: (i) the hammer price or agreed upon price (both being the “Item Price”); (ii) any applicable buyer’s premium; (iii) any applicable artist resale royalty; (iv) all shipping, packing, and insurance costs; (v) any applicable Transactional Taxes (as defined below); and (vi) any other applicable charges. Buyers should note that if the Item is shipped internationally, the Buyer may be responsible for additional customs duties, fees, and expenses that are not included in the Total Purchase Price or collected by Mae or the Seller.
6.7. we may require you to provide valid credit card information, bank information, or other accepted payment information in your name (“Payment Method”) or deposit a portion of any bid or offer that you place. If your bid or offer does not result in a finalized transaction your deposit will be refunded to you. If it does, your deposit may be used to offset the appropriate portion of the Total Purchase Price;
6.8. all Purchases are final and may not be canceled by you, unless expressly provided herein;
6.9. you will ensure that the transaction completes in a timely manner. This means you will: (i) pay the Total Purchase Price by the Payment Deadline (as defined below); (ii) provide any information or documentation or complete any procedures required to process the transaction or ship the Item; and (iii) not attempt to cancel a transaction for any reason not expressly permitted herein; 7. Additional Seller Terms. Sellers may have supplemental terms and conditions of sale that apply to the Items they list, which will be posted on or otherwise made available through the Services (“Seller Conditions”). In the event of any conflict, the Seller Conditions will prevail over these Terms to the extent the conflict relates to the Buyer’s relationship with the Seller, and these Terms will govern to the extent the conflict relates to the Buyer’s or Seller’s relationship with Mae.
8. Receipt and Use of User Information. You may receive or gain access to the names, contact information, address, payment information, or other identifying information of other Users (“User Information”) in connection with your use of the Services, (for example, when you send or receive inquiries, bid or win an Item, or purchase, sell, or ship Items). You agree: (i) to keep User Information strictly confidential; (ii) to only use User Information for the specific purpose in which it was provided; and (iii) not to use User Information to send unsolicited marketing emails or other unsolicited communications, except if a User has given you their express consent to do so. Notwithstanding any terms, Policies, or statements to the contrary, once a transaction has been confirmed the Buyer and Seller each authorize us to disclose their User Information to the other party and shipping providers (as applicable) or as otherwise necessary to facilitate the transaction, and agree to work directly with other parties to complete the transaction. For the avoidance of doubt, Mae has no obligation to disclose any User Information to any other User for any purpose at any time.
9. Mae's Buyer Guarantee. Certain Buyer Guarantees may apply to certain Purchases if this is noted on the Services. For the avoidance of doubt, Buyer Guarantees are not offered for communications or transactions completed outside of the Services or for transactions where payment is not remitted through Mae Pay. The application and resolution of a dispute under the Buyer Guarantees is determined at our sole discretion and is subject to section 21 (User Disputes) below.
10. Offline Purchases. Buyers and Sellers agree that any transaction initiated on the Services may not be taken offline unless completing the transaction is not yet available on the Services. Any transaction completed outside of the Services (an "Offline Purchase") will be completed directly between the Buyer and Seller and Mae will have no liability or obligation with respect thereto. Notwithstanding the foregoing, if a Buyer ultimately completes their Purchase through the Services, or if we agree to make Mae Pay available in connection with such Offline Purchase despite having no obligation to do so, the transaction will be considered a Purchase subject to the terms of this Agreement with the exception of the Buyer Guarantee.
11. Auctions. If eligible, Sellers can offer Items in an Auction and Buyers can place competitive bids to purchase the Item.
11.1. Mae Curated Auctions. Auctions may feature collections of Items offered for sale by different Sellers that are curated by Mae ("Mae Curated Auction" or "MCA"). If Mae determines a Seller is eligible to participate in an MCA, the Seller's participation is subject to the Sell With Mae Service Terms. Following the close of an MCA, Mae will notify winning Buyers, collect payment through Mae Pay and facilitate shipment of Items through Mae Shipping (each as defined below), unless an alternate procedure is noted on the Service or separately agreed upon in writing.
11.2 Partner Auctions. Auctions conducted by third parties (such parties, an "Auction Partner", such actions, a "Partner Auction") may be conducted on the Services ("Online Partner Auction") or may be conducted in whole or in part outside of the Services ("Offline Partner Auction"). Auction Partners may have additional Seller Conditions which apply to Buyers. The Auction Partner has the right to refuse any Buyer's participation or reject any bid in their Partner Auction. The Auction Partner also has the discretion to award winning bids in live auctions. After a Partner Auction, the Auction Partner will contact winning bidders directly to collect payment, arrange for delivery or pickup of purchased Item, and conduct any other applicable post-sale activities.
11.2.1. Bidding in Offline Partner Auctions. Bids in Offline Partner Auctions may be collected in advance ("Advance Bidding") in which case bidding through the Services will close the day before the Offline Auction or at such other time as indicated on the Services or may be submitted through the Services during the Offline Partner Auction concurrently with non-Mae bidders through our Live Auction Integration feature ("LAI" and "LAI Bidding"). Use of LAI is subject to the LAI Service Terms. Whether placed through Advance Bidding or LAI Bidding, bids in Offline Partner Auctions may be transferred to the Host Auctioneer or their representatives to execute against other bidders in the Offline Partner Auction. The Host Auctioneer may have different bidding increments than us, and Buyers agree that their Maximum Bid may be executed in the Offline Partner Auction according to the Host Auctioneer's bidding increments without further notice.
11.2.2. Absentee Bidding. We may offer absentee bidding services in connection with some Auctions, whereby we may collect bids via telephone, email and/or written forms ("Absentee Bidding Services"). All bids placed via Absentee Bidding Services are subject to our discretion and (as applicable) the discretion of the Host Auctioneer. We may refuse Absentee Bidding Services to any person at any time (even during an Auction) at our sole discretion, and we will have no liability for any failure or refusal to provide Absentee Bidding Services under any circumstances.
11.3 Bidding Information and Seller Communications. By registering for an Auction, you agree that we may provide the Auction Partner with your User Information (including any bidding information), and agree that the Auction Partner may contact you about your participation and transaction, and if the Auction Partner is an organization, otherwise regarding their organization.
11.4. Buyer's Premium. Buyers purchasing an Item offered in an Auction agree to remit the buyer's premium, if applicable. The buyer's premium is an additional fee that the Buyer is required to pay (in addition to any tax thereon), calculated as a percentage of the Item Price. The applicability and rate of the buyer's premium will be indicated on the Services. Sellers agree that we are entitled to retain any applicable buyer's premium, and will have no right or claim thereto, unless otherwise agreed.
11.5. Opening Bid; Estimates; Reserve; Bidding Increments. Pre-Auction high and low estimates, Item reserve, minimum opening bid or bidding increments, among other information may be published for Items in an Auction. If published, the reserve is the minimum price below which the Item will not be sold and is separately agreed between the Seller and Mae. The reserve will not exceed the Item's low pre-sale estimate (if applicable). Estimates, opening bids and bidding increments may be set and revised at any time at our sole discretion, unless otherwise agreed. Estimates do not include the buyer's premium, shipping costs, taxes or other applicable charges and may not be relied on as a prediction of the selling price or the value of the Item. Neither Mae nor the Seller will be liable for any difference between the pre-sale estimate of any Item and the actual price achieved in any Auction or upon resale.
11.6. Automatic Bidding. Our online bidding system is an automatic bidding system. When you place a bid on the Services, you enter the maximum amount that you are willing to pay for the Item ("Maximum Bid"). Your Maximum Bid can be the next minimum bid indicated on the Services or any greater amount. Our online bidding system will automatically place a bid for you at the amount of the next minimum bid according to our automatic bidding increments. It will then continue to bid automatically for you in response to competitive bid as necessary to maintain your position as the highest bidder, up to but not exceeding your Maximum Bid. When you bid on an Item with a reserve and your Maximum Bid meets or exceeds the reserve, the system will automatically increase your bid to meet the reserve, according to our automatic bidding increments.
11.7. Bids Are Binding. All bids are final once submitted and may not be canceled or modified by the Buyer, except with our express written consent under circumstances that we consider appropriate at our sole discretion. By placing a bid on an Item, the Buyer accepts personal liability for the Total Purchase Price and is required to complete the transaction if their bid is the winning bid. All bids placed through the Services, wherever accessed (including those placed in Offline Auctions, LAI, or via the Absentee Bidding Services (each as defined below)) are subject to the terms of this Agreement
.11.8. Countdown Clock and Closing. We may display a countdown clock on the Services in connection with some Auctions. This is provided for general informational use only and does not constitute any warranty as to the closing time of any lot. If you are interested in an Item, you should refer to its individual listing on the Services to see if bidding has closed and should not rely on the countdown clock. If a bid is placed on an Item during a set number of minutes before its original closing time, we will have the right at our sole discretion, but no obligation, to extend bidding for such Item for an additional set number of minutes after the original closing time, and may continue to extend bidding for such Item until such set number of minutes pass without any further bids being placed. The extension of one Item's closing time will not affect the closing time of any other Item. Please refer to the Item's listing page for the extension time set for that Item. You may need to refresh or reload the bidding page on the Services to see if bidding for an Item has closed.
11.9. Bidding Record. Our own internal records related to bidding through the Services will be final and binding in all disputes. In the event of any inconsistency between our own internal records and any information provided to any Buyer (whether on the Services, by email, text message, orally or otherwise), our own internal records will control.
11.10. Employee Participation. Mae team members may use the Services as Buyers in their personal capacity (i.e. not as our employees, agents or representatives) as long as they do not have any confidential information about the Item they are bidding on (for example, the reserve of an Item). Likewise, if the Seller in an Auction is an organization, its team members may bid in that Auction in their personal capacity, as long as they do not have any confidential information about the Item they are bidding on. In all such cases, the team member is personally subject to this Agreement like any other Buyer.
11.11. Charitable Component. Buyers may receive letters acknowledging a component of their Total Purchase Price as a charitable contribution from the Seller. If a charitable confirmation letter is available, it will be noted on the individual lot page, and may depend on the winning price and Seller's discretion. Mae does not provide charitable contribution confirmation letters.
11.12. Online Purchase Feature Availability. For some Items, the Online Purchase Features may be available in addition to competitive bidding in an Auction, in which case the Online Purchase Features will be available until the current Auction bid meets or exceeds the greater of the starting bid or the reserve. If the Item is purchased using the Online Purchase Features prior to such time, it will.
11. Post-Auction Sale Purchases made after an auction are governed by the same terms as those made during the auction.12. Artist Resale RoyaltySome laws entitle artists to a royalty on resale. Sellers must determine applicability and pay the royalty. Buyers must cover this additional cost if applicable. If the seller does not reimburse MAE for any royalties paid, they must do so promptly upon request.
13. Commission; Referral FeesM AE collects commissions from both sellers and buyers on transactions. Actions to avoid these fees are prohibited. All fees are non-refundable and must be paid in EUR.
14. Taxes14.1 Digital Services Tax: Users must pay taxes related to the services used.
14.2 Transactional Tax: Buyers are responsible for applicable sales taxes and other levies. Prices are exclusive of tax. Documentation for tax exemption must be provided.
14.3 No Tax Advice: MAE does not provide tax advice, and users should consult a tax advisor.
15. PaymentUpon purchase confirmation, the buyer must pay the Total Purchase Price immediately or within 7 days. If shipping costs are separate, they must be settled within 5 business days
.15.1 Seller Payment Processing: Buyers pay sellers directly unless MAE accepts payment on their behalf.
15.2 MAE Pay: MAE may accept payment on behalf of sellers via various methods. Transactions must be in specified currencies, and buyers bear any related fees.
15.3 Buyer Default: If the buyer defaults, MAE may implement various remedies, including charging interest, canceling the sale, and legal action.
15.4 Owed Amounts and Collection Rights: MAE can collect owed amounts through various means, including charging payment methods or offsetting amounts owed.
16. Passage of Title and Risk of LossOwnership transfer follows New York’s Uniform Commercial Code; risk of loss passes with ownership transfer.
17. Resale of ItemBuyers cannot resell purchased items until they have paid in full and taken legal possession.
18. Shipping The buyer and seller are responsible for shipping arrangements. MAE may assist but is not liable for any shipping responsibilities.
18.1 Release of Item: Sellers must release the purchased item within 7 days of payment confirmation. They should make reasonable efforts to facilitate pickup if requested by the buyer.
.18.2 Shipping and Related CostsThe Buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased Items unless MAE or the Seller agree otherwise. Buyers must ensure a valid delivery address is provided, and Sellers must ensure an accurate pick-up location is listed. Additional shipping costs may arise if the Buyer: (i) delays in paying the Total Purchase Price; (ii) changes their delivery address or fails to promptly confirm it; (iii) does not disclose delivery-location specifics; (iv) fails to provide required information or secure necessary permits; or (v) otherwise fails to comply with obligations. The Seller is responsible for pre-collection warehouse, storage, and insurance costs, as well as any fees associated with the release of the Item. Additional shipping costs for the Seller may arise if: (i) inaccurate item descriptions lead to misquoted shipping costs; (ii) the Seller changes the pick-up location after a bid is placed; (iii) the Seller does not adequately pack the Item; or (iv) the Seller fails to comply with obligations.
18.3 International ShipmentsIf the Item is shipped internationally, the Seller or Buyer agrees to register for a customs number or provide personal information to the shipping company if required. The Buyer is responsible for applicable customs duties, import taxes, and fees assessed by the export and import countries. Buyers must also secure necessary export/import permits. Additional charges are not included in amounts collected by the Seller or MAE and must be paid to the appropriate authorities. Buyers should note: (i) customs authorities may inspect cross-border deliveries; (ii) some countries may prohibit the resale of certain Items after import; and (iii) some may reserve the right to purchase certain exported Items (right of preemption). Any delay in obtaining required licenses or permits will not justify cancellation of any transaction. Sellers are prohibited from listing and/or exporting restricted materials. Buyers must maintain required records under customs and other laws and promptly advise MAE of any discrepancies in customs declarations or submissions.18.4 Seller ShippingWhen Sellers arrange shipment, they must provide MAE with shipment tracking details and, if requested, a copy of the bill of lading and/or proof of delivery.18.5 MAE ShippingWhere MAE arranges shipping on behalf of the Seller or Buyer ("MAE Shipping"), the following additional terms apply:18.5.1 Pre-Sale Shipping Estimates: Any pre-sale shipping estimates provided are for informational purposes only and do not include customs duties, fees, or permits. MAE reserves the right to reject changes to delivery addresses after payment. MAE is not liable for differences between pre-sale estimates and final costs. If the Buyer selects "Parcel" or "Self Ship," the Seller is responsible for safe packing and providing photographs of the packed Item(s).18.5.2 Buyer Abandonment: If the Buyer fails to communicate or cooperate timely, and the Item is not delivered within 30 days of the Payment Deadline, they waive any post-delivery inspection period. If not delivered within 45 days, the Item is deemed abandoned, and MAE may take action. Buyers remain obligated to pay any fees despite abandonment.18.5.3 Cancellation Fees: If the Buyer cancels shipment after payment, they must pay MAE cancellation fees based on the shipping service selected: (i) Premium: 50% of the original quote if canceled within 7 days; (ii) Select: $150 if canceled within 1 day; (iii) Parcel: $50 if canceled within 1 day; (iv) International: 50% of the original quote if canceled within 7 days.18.6 In-Transit Damage or LossIf an Item is lost or damaged in transit and the Seller arranged shipping, the Seller must work with the shipper to resolve the matter. The Seller is responsible for insuring shipments unless otherwise agreed, accepting returns or discounts on lost or damaged Items, and covering return shipping costs for damaged items. If MAE's Buyer Guarantee applies, the Seller will reimburse MAE for any amounts paid to the Buyer. Claims for in-transit loss or damage must be made to MAE within 2 business days after the expected delivery date. Documentation of the claim and retention of original packing materials are required. MAE is not responsible for negotiating with insurance providers, and decisions made by them are final. Buyers waiving signature-upon-delivery cannot submit claims for loss or damage, and MAE's Buyer Guarantee does not apply.18.7 Return Shipping Costs18.7.1 Buyers: Buyers are responsible for return shipping charges if an Item is returned due to: (i) failure to provide a valid delivery address, pay customs duties, or secure required permits; (ii) lack of a recipient to accept delivery; (iii) abandonment; or (iv) other breaches of obligations.18.7.2 Sellers: Sellers are responsible for return shipping charges if an Item is returned due to: (i) their breach of representations, warranties, or obligations (including accurate description); or (ii) if shipping was arranged by Seller, due to damage during transit to the Buyer.
19. All Purchases are Final; CancellationsFinality of Purchases: Once a purchase is made and confirmed, it cannot be modified or revoked by either the Buyer or Seller, except in specific cases.Cancellation Requests: Buyers can cancel their transactions before confirmation, and Mae will accommodate such requests.Return and Refund Process: If Mae cancels a purchase, the Buyer must return the item promptly, and a refund will be issued. Mae may charge the Seller for any refunds issued on their behalf.Limitations of Liability: Mae is not liable for any actions taken under this policy.20. EU/UK Cancellation RightsConsumer Rights: EU/UK Consumers have the right to cancel their order within 14 days of receiving the item, without cause.Exemptions: This right does not apply to live/public auctions or custom-made items.Cancellation Process: Consumers must notify the Seller and return the item within a specified timeframe. They bear the return shipping costs.Refund Conditions: Sellers must refund all payments received, but they can deduct for loss in value due to handling. Shipping charges are not refundable if paid directly to Mae.21. User DisputesResponsibility: Mae does not endorse or take responsibility for the actions of Users or third parties.Dispute Resolution: Users must resolve disputes directly and may seek assistance from Mae, but Mae is not obligated to intervene.Final Decisions: Mae’s decisions regarding disputes are final and binding.22. Seller Representations and WarrantiesSeller Responsibilities: Sellers must ensure they own the items being sold, that they have good title, and that items are authentic.Legal Compliance: Items must be lawfully imported/exported with all taxes paid.Notification of Issues: Sellers must inform Mae of any changes that may affect these warranties.22.1. Seller's Authorship WarrantyWarranty Duration: Sellers provide a one-year warranty on the authenticity of an item’s authorship.Exclusions: This warranty has specific exclusions, such as items with disputed authorship or those evaluated by expensive processes.Refund Procedure: If the authorship is proven false, the Seller must refund the purchase price and cover return shipping.Expert Opinion Requirement: If claims arise after 180 days, Buyers may need expert evaluations at their expense, with conditions for reimbursement if the item is found inauthentic.23. IndemnificationBuyer/Seller Responsibilities: Users must indemnify Mae against claims arising from their actions or breaches of the agreement.Defense Rights: Mae reserves the right to control the defense of any claims and requires users to cooperate.Settlement Restrictions: Users cannot settle claims without prior written consent from Mae.ConclusionThis document outlines the terms regarding cancellations, consumer rights, dispute resolution, and warranties related to purchases on Mae. It emphasizes the responsibilities of Buyers and Sellers and establishes clear processes for refunds, disputes, and indemnification.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: hello@mae.community
.png){kind=small}
