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Welcome to Sua Arte

Sua Arte is a marketplace that connects thoughtful consumers with creative entrepreneurs. It is an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We help our community of sellers turn their ideas into successful businesses.

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Monday - Friday: 09:00 - 18:30 (787)409-6556 sales@suaarte.com

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Policies

 

 

 

Terms of Use
Privacy Policy
Anti-Discrimination Policy
Buyer Policy
Sua Arte Payment Process Policy
Seller Policy

Terms of Use

 

Welcome to Sua Arte term of use. Please read carefully our site rules.

 

  1. Accepting These Terms

 

This document and the other documents that we reference below make up our site rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Sua Arte.

Please note that disputes with Sua Arte, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Suaarte.com. By using our Service (even just browsing our website), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Service.

 

  1. Those Other Documents We Mentioned

 

Sua Arte Service connect people, both online and offline, to make, sell, and buy unique goods. Here is a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Service:

If you use our Service, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Rules for Sellers. If you list any items for sale through our Service, these policies apply to you.

Rules for Buyers. If you use our Service to browse or shop, these policies apply to you.

Rules for Third Parties. These policies apply to:

  • Intellectual property owners
  • Anyone requesting information from Sua Arte.
  • Sua Arte API users
  • Affiliates

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you.

 

  1. Your Privacy

 

We know your personal information is important to you, so it is important to us. Our Privacy Policy details how your information is used when you use our Service. By using our Service, you are also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both Sua Arte and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Sua Arte, will be responsible for that unauthorized disclosure.

If, however, Sua Arte and sellers are found to be joint data controllers of buyers’ personal information, and if Sua Arte is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Sua Arte for the expenses it occurs in connection with your processing of buyer personal information. See Indemnification below for more information about your indemnification obligations to Sua Arte.

 

  1. Your Account with Sua Arte

 

You will need to create an account with Sua Arte to use some of our Services. Here are a few rules about accounts with Sua Arte:

  1. You must be 18 or older to use our Service. Minors under 18 and at least 13 years of age are only permitted to use our Service through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use Sua Arte or the Service. You are responsible for any and all account activity conducted by a minor on your account.
  2. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
  3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. In addition, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. Let us be clear about our relationship. These Terms do not create any agency,partnership, joint venture, employment, or franchisee relationship between you and Sua Arte.

 

  1. Your Content

 

Content that you post using our Service is your content (so let’s refer to it as “Your Content”). We do not make any claim to it. That includes anything you post using our Service (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant Sua Arte a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Sua Arte function and grow. That way, we will not infringe any rights you have in Your Content and we can help promote your stuff.
  3. Rights You Grant to Sua Arte.  By posting Your Content, you grant Sua Arte a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Sua Arte, your Sua Arte shop, or the Services in general, in any formats and through any channels, including across any Sua Arte Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information. That sounds like a lot, but it is necessary for us to keep Sua Arte going. Consider these examples: if you upload a photo of a listing on your Sua Arte shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into Spanish so a buyer in Puerto Rico can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Sua Arte.
  4. Reporting Unauthorized Content. Sua Arte has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please send communication to sales@suaarte.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
  5. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we do not want posted on Sua Arte’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

 

  1. Your Use of Our Services

 

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Sua Arte, another Sua Arte user, or a third party.
  2. Pay Your Bills. You are responsible for paying all fees that you owe to Sua Arte. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  3. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  5. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Sua Arte (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensee, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  6. Talk to Us Online. Sua Arte will provide you with certain legal information in writing. By using our Services, you are agreeing to all of our Policies. We can send you information electronically (by email, by your Dashboard etc.) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.

 

  1. Termination

 

Termination By You. We would hate to see you go, but you may terminate your account with Sua Arte at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you will still have to pay any outstanding bills.

Termination By Sua Arte. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Sua Arte may refuse service to anyone, at any time, for any reason.

If you or Sua Arte terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Sua Arte reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

  1. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

 

Items You Purchase. You understand that Sua Arte does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Sua Arte cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Sua Arte from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Sua Arte is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. .

Third-Party Services.

Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Sua Arte is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions.

You acknowledge that Sua Arte does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

 

Warranties. Sua Arte is dedicated to making our Services the best they can be, but we are not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Sua Arte, nor our administrators shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Sua Arte’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Sua Arte in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

 

  1. Indemnification (or What Happens If You Get Us Sued)

 

We hope this never happens, but if Sua Arte gets sued because of something that you did, you agree to defend and indemnify us. That means you will defend Sua Arte (including any of our administrators) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however, we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

  1. Disputes with Other Users

 

If you find yourself in a dispute with another user of Sua Arte’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Sua Arte has no obligation to resolve any disputes.

Release of Sua Arte.

You release Sua Arte from any claims, demands, and damages arising out of disputes with other users or parties.

 

  1. Disputes with Sua Arte

 

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of the Commonwealth of Puerto Rico, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of Puerto Rico, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
  2. Forum. We’re based in Bayamón, Puerto Rico, so any legal action against Sua Arte related to our Services must be filed and take place in Bayamón, Puerto Rico.
  3. Modifications. If we make any changes to this “Disputes with Sua Arte” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Sua Arte prior to the date the changes became effective. Sua Arte will notify you of substantive changes to the “Disputes with Sua Arte” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Sua Arte a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Sua Arte in accordance with the provisions of this “Disputes with Sua Arte” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
  4. Changes to the Terms. We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

 

12. Some Finer Legal Points

 

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Sua Arte regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

13. Contact Information

 

If you have any questions about the Terms, please email us at: webmaster@suaarte.com.

 

Privacy Policy

 

At Sua Arte, we care deeply about privacy. We believe in transparency, and we are committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Sua Arte. This policy explains our privacy practices for Sua Arte.com (we’ll refer to SuaArte.com as the “Site”), Sua Arte’s mobile applications (the “Apps”), Pattern by Sua Arte, Sua Arte Payments, Sua Arte’s public Application Program Interface (the “API”), and our other services provided by Sua Arte we’ll refer to the Site, the Apps, Pattern by Sua Arte, Sua Arte Payments, the API, and our other services as the “Services.”

 

1. Accepting the Privacy Policy
2. Information Collected or Received
3. Choice & Control
4. Findability
5. Messages from Sua Arte
6. Community
7. Information Uses, Sharing & Disclosure
8. Transfers
9. Security
10. Retention
11. Your Rights
12. Your Responsibilities
13. Withdrawing Consent
14. Privacy Policy Changes
15. Contact

  1. Accepting the Privacy Policy

We need to process your personal information to run our business and provide you with the Services. By accepting our Terms of Use, you are confirming that you have read and understand this policy including how and why we use your information. If you do not want us to collect or process your personal information in the ways described in this policy, you should not use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Sua Arte, third-party websites, or third-party apps.

Sua Arte’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Sua Arte’s Services only if they have the appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use Sua Arte or the Services. You are responsible for any and all account activity conducted by a minor on your account.

By using the Services, you acknowledge that Sua Arte will use your information in Puerto Rico where Sua Arte operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections. Please read on to learn more about how we protect personal information that is transferred outside of Europe.

  1. Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.

Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose and that represents your identity on Sua Arte. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information, Bank routing number and Bank account number), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the Site for delivery. Sua Arte may require information such as your full name, social security number, identification ID or tax ID, date of birth, bank account information, credit card information, and/or other proof of identification in order to verify your identity and provide this service to you and to comply with applicable law. We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. Depending on your local jurisdiction, you can also choose to allow us to save your credit card information to facilitate the checkout process for future purchases. Sua Arte may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or to ensure compliance with our rules and applicable law. In order to use certain products or services on Sua Arte, you may be required to complete an application; information that you submit through the application processes will not be displayed publicly and will only be used internally by Sua Arte, unless otherwise specified.

Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings.

The name associated with your account, which you may review and change in your account settings, is publicly displayed and connected to your Sua Arte activity. Other people may see the date you joined; ratings, reviews and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favorites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks.

Automated Information: Sua Arte automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.

We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.

Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you may choose to share your geo-location details with Sua Arte in order to use functions like our local marketplace, maps, and for in-person sales (although you don’t need to share these details). You may choose to publish your location when you sell on Sua Arte.

We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for Sua Arte’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Sua Arte.

Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Apps on your phone. This software may record information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.

Information from Third Parties: Some members or visitors may choose to connect to Sua Arte or register a Sua Arte account using an external third-party application, such as Facebook, or an app developed using the Sua Arte API. Sua Arte may receive information from those connected third-party applications. Connecting your Sua Arte account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Sua Arte may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Sua Arte on certain social media networks which are connected to your Sua Arte account, and you can revoke your permission anytime in your account settings.

Non-Member Information: Sua Arte may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered Sua Arte or in connection with certain Sua Arte features, such as when a non-member chooses to subscribe to a Sua Arte newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, or a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to Sua Arte or to facilitate action authorized by the non-member.

Pattern by Sua Arte: We also collect certain information from both members and non-members who visit websites hosted by us. This information may include your IP address or unique device identifier, and cookies and data from the pages you visit.

  1. Choice & Control

We know that members of our community value having control over their own information, so Sua Arte gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your Sua Arte account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name.

We use non-technically necessary cookies and similar technologies. You may also control the receipt of certain types of communications from Sua Arte in your account settings. Sua Arte may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices).

We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests.

  1. Messages from Sua Arte

On occasion, Sua Arte may need to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. Sua Arte may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, Sua Arte may send you a message or physical mail in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.

Some messages from Sua Arte are service-related and necessary for members and Guest Checkout users. You agree that Sua Arte can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying conversations with buyers, and correspondence with Sua Arte administrator.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages.

  1. Community

Sua Arte and are a marketplace and community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams. You do not have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We may engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. Sua Arte generally does not remove content from community spaces, and your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services.

Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favorites. You may choose to make certain activities private through your account settings.

  1. Information Uses, Sharing & Disclosure

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you.

  • You have consented to the processing, which you can revoke at any time.
  • Necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims.
  • Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners; you have expressly made the information public; necessary in the public interest; and occasionally necessary to protect your vital interests, or those of others.

Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.

Where we process your information based on legitimate interests, we do so as follows:

Providing and improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users and obtaining insights into usage patterns of our Services.

Keeping our Services safe and secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.

We respect your privacy. Sua Arte will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.

We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match, to contact members or interested parties, and for general research and aggregate reporting. For example, in accordance with our existing case resolution process, we may use information you provide to resolve disputes with Sua Arte or other members. We may learn the sorts of products that you are interested in from your browsing and purchasing behavior on (and off) the Site or Apps and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you discover relevant items and recommended purchases. Similarly, our sellers or we may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook or Google.

Buying and Selling: As part of the buying and selling process, Sua Arte will facilitate the sharing of information between the two members involved in the transaction, such as the other Sua Arte member’s shipping address and payment information. By making a sale or a purchase on Sua Arte, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Sua Arte’s Terms of Use, you have a limited license to use that information only for Sua Arte related communications or for Sua Arte facilitated transactions. Sua Arte has not granted a license to you to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any member to your email or physical mailing list or otherwise use or store any member’s personal information.

Legal and Safety: Sua Arte may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of Sua Arte’s Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If Sua Arte receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Sua Arte may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name.

Affiliated Businesses: Sua Arte is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Sua Arte may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.

Aggregated Information: Sua Arte may share demographic information with business partners, but it will be aggregated and de-personalized, so that personal information is not revealed.

Service Providers: Sua Arte also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Sua Arte not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and shipments and helping us keep our Service operating and secure. In some other cases, these service providers are not strictly necessary for us to provide the Services, but help us make it better.

Business Reorganization: In some cases, Sua Arte may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Sua Arte’s assets), member information is typically one of the business assets that is transferred. If Sua Arte intends to transfer information about you, Sua Arte will notify you by email or by putting a prominent notice on the Site, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third Parties: Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on Sua Arte that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Sua Arte chooses and manages these third-party technologies placed on his Site. However, these are third-party technologies, and they are subject to that third party’s privacy policy.

We can speak only for ourselves; this policy does not apply to the practices of third parties that Sua Arte does not own or control or individuals that Sua Arte does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. Sua Arte does not control the privacy policies of third parties, including other members who sell using the Services or API users. Sua Arte is not responsible for the privacy or security practices of these sellers, API users, or other websites on the Internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.

Necessary for the performance of the contract between Sua Arte and its members

Sua Arte provides a voluntary service; you can choose whether or not you want to use the Services. However, if you want to use the Services, you need to agree to our Terms of Use, which set out the contract between Sua Arte and its members. As we operate in Puerto Rico and use technical infrastructure in the US to deliver the Services to you, in accordance with the contract between us, we need to transfer your personal information to the US and to other jurisdictions as necessary to provide the Services. Simply put, we cannot provide you with the Services and perform our contract with you without moving your personal information around the world.

  1. Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at webmaster@suaarte.com.

Sua Arte encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). Sua Arte follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. Sua Arte offers optional advanced security setting for members, such as full-site SSL.

  1. Retention

Sua Arte will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Sua Arte member account), as described in this policy, or as needed to provide the Services to you. If you no longer want Sua Arte to use your information to provide the Services to you, you may close your account. Sua Arte will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Sua Arte sellers may also be required to retain and use your information in order to comply with their legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

  1. Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your Sua Arte account settings or by contacting us. Upon request, Sua Arte will provide you with information about whether we hold any of your personal information.  By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. Please ensure you have read the options you have under the “Choice & Control” section above. If you need further assistance, you can contact Sua Arte through one of the channels listed below under “Contact.” We will respond to your request within a reasonable timeframe.

 

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

  1. Your Responsibilities

If you sell using our Services, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you are an independent controller of data relating to other users that you may have obtained through the Services.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Sua Arte users you interact with and compatible with this policy and Sua Arte’s Terms of Use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie.

As a data controller, to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Sua Arte-related communications or for Sua Arte-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Sua Arte policies and laws, you may not add any Sua Arte member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you are responsible for knowing the standard of consent required in any given instance.

If Sua Arte and you are found to be joint data controllers of personal information, and if Sua Arte is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Sua Arte for the expenses it occurs in connection with your processing of buyer personal information.

  1. Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or by changing your account settings. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account through your account settings and then emailing webmaster@suaarte.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.

  1. Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.

  1. Contact

If you have any questions:

Contact Sua Arte’s at webmaster@suaarte.com

 

Anti-Discrimination Policy

 

Sua Arte connects thoughtful consumers around the world with creative entrepreneurs. It is an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We want everyone on Sua Arte to feel safe, and fostering an inclusive environment is our priority. This policy explains the kind of behavior we prohibit on Sua Arte to make sure we all have a positive experience.

This policy is a part of our Terms of Use. By using Sua Arte, you are agreeing to this policy and our Terms of Use.

On Sua Arte, you cannot discriminate based upon:

  • Race
  • Color
  • Ethnicity
  • National origin
  • Religion
  • Gender
  • Gender identity
  • Sexual orientation
  • Disability
  • Any other characteristic protected under applicable law

It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you.

Whether you are listing items or using community spaces on Sua Arte, discrimination is not allowed. Examples of prohibited behavior on Sua Arte include, but are not limited to:

  • Refusal of service based on membership in one or more protected group
  • Derogatory or demeaning remarks against protected groups listed above
  • Racial slurs
  • Posts that support or glorify current or historical hate groups

If you think discrimination has occurred on Sua Arte, please report it by e-mailing webmaster@suaarte.com and we will investigate.

 

Buyer Policy

 

Sua Arte is a Marketplace where you can purchase unique goods directly from sellers around the world. Whether you are looking for handmade or vintage goods or craft supplies, we want you to have a positive experience shopping on Sua Arte. Please read on to find out more about your rights, as well as what is expected of you, as a buyer.

This policy is a part of our Terms of Use. By shopping on Sua Arte, you’re agreeing to this policy and our Terms of Use.

1. Understanding Sua Arte’s Limitations as a Venue
2. Communicating with Other Sua Arte Members
3. Purchasing an Item on Sua Arte
4. Leaving a Review of an Item
5. Creating and Uploading Content
6. Reporting a Problem with an Order or Returning an Item

 

  1. Understanding Sua Arte’s Limitations as a Venue

 

Sua Arte provide a venue for buyers to find, learn about, and enter into transactions with sellers. It is important to note, however, that Sua Arte is not a part of that transaction. By shopping on Sua Arte, you understand that:

  1. You are not buying directly from Sua Arte, but from one of the many talented sellers on Sua Arte.
  2. Sua Arte does not pre-screen sellers and therefore does not guarantee or endorse any items sold on Sua Arte or any content posted by sellers (such as photographs or language used in listings or shop policies).
  3. Each seller on Sua Arte has their own processing times, shipping methods, and shop policies.
  4. As a member of the community, you have the opportunity to flag an item (report abuse) that violates any of Sua Arte’s policies.

 

  1. Communicating with Other Sua Arte Members

 

Conversations

You can use Sua Arte’s email form tool to communicate directly with sellers. Email forms are a great way to ask sellers any questions you have about an item or an order. Email forms may not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy.
  3. Contacting someone after they have explicitly asked you not to.
  4. Interfering with a transaction or the business of another member.

 

Interference
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Sua Arte. Examples of interference include:

  1. Contacting another member via Sua Arte email form to warn them away from a particular member, shop, or item.
  2. Posting in public areas to demonstrate or discuss a dispute with another member.
  3. Purchasing from a seller for the sole purpose of leaving a negative review.
  4. Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as “click fraud.”

 

Harassment
Any use of Sua Arte email form to harass other members is strictly prohibited. Similarly, Conversations may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a communication that violates this policy, please let us know right away.

 

  1. Purchasing an Item on Sua Arte

 

When you buy from a shop on Sua Arte, you are directly supporting an independent business, each with its unique listings, policies, processing times, and payment systems. By making a purchase from a seller on Sua Arte, you agree that you:

  1. Have read the item description and shop policies before making a purchase;
  2. Have submitted appropriate payment for item(s) purchased.
  3. Have provided accurate shipping information to the seller.

You also agree to comply with our Sua Arte Payments Policy when you use Sua Arte Payments Gateways.

 

  1. Leaving a Review of an Item

 

Reviews are a great way to learn about a seller’s items, help good sellers build a strong reputation, or help warn other buyers about a poor experience.

You can leave a review, including a one to five star rating and a photograph of your purchase, for 100 days after your item’s expected delivery date. The estimated delivery date is the purchase date + processing time + shipping time.

By leaving a review, you acknowledge that:

  1. Your review will be publicly displayed on the seller’s listing and review pages.
  2. Reviews and photographs may not:
    a. Contain private information.
    b. Contain obscene, racist, or harassing language or imagery.
    c. Violate our Anti-Discrimination Policy.
    e. Contain prohibited medical drug claims.
    f. Contain advertising or spam.
    g. Be about things outside the seller’s control, such as a shipping carrier, Sua Arte, or a third party.
    h. Undermine the integrity of the Reviews system.
  3. Extortion is not allowed on Sua Arte. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Sua Arte. Examples of extortion include the following:
    a. A buyer leaves a negative review in an attempt to force the seller into providing additional items that weres        not agreed upon in the original transaction.
    b. A buyer leaves a negative review in an attempt to force the seller into providing a refund when a refund is            not warranted.
  4. Shilling is not allowed on Sua Arte. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but also it is considered a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer.
  5. Creating and Uploading Content.  As a member of Sua Arte, you have the opportunity to create and upload a variety of content, like Convos, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:
  1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy.
  2. Obscene or vulgar;
  3. In violation of someone else’s privacy or intellectual property rights.
  4. False, deceptive, or misleading.
  5. Reporting a Problem with an Order or Returning an Item

 

Sua Arte’s Case System

 

Although Sua Arte is not directly involved in a transaction between a buyer and a seller, In the unlikely event your purchase from a seller does not go as expected, you need to contact the seller to come to a resolution in the event of a non-delivery or if an item you receive is not as described in the listing. You can file a case under the following circumstances:

Non-Delivery
A non-delivery occurs when a buyer places an order and submits payment, but the seller does not ship the item or does not ship the item to the correct address. The following are examples of non-delivery cases:

  1. An item was never sent.
  2. An item was not sent to the address provided on Sua Arte.
  3. There is no proof that the item was shipped to the buyer’s address.
  4. Not as Described
    An item is not as described if it is materially different from the seller’s listing description or photos. Here are a few examples of not as described cases:
    1. The item received is a different color, model, version, or size.
    2. The item has a different design or material.
    3. The item was advertised as authentic but is not authentic.
    4. The seller failed to disclose the fact that an item is damaged or is missing parts.
    5. A buyer purchased three items but only received two.
    6. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.

Not as described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

  1. The item(s) were ordered for a specific date or event.
  2. The item(s) are rendered useless after that date.
  3. The seller did not ship the item(s) according to their processing time or the date agreed upon in Conversations.

If Sua Arte determines that an item is not as described, the seller will be required to refund the original shipping and return shipping, in addition to the cost of the item.

 

Ineligible Transactions
Some disputes don’t qualify for Sua Arte’s case system. These include:

  1. Items that have been purchased in person.
  2. Intangible items, services, or prohibited items.
  3. Transactions where payment is not made through Sua Arte Payments Gateway.
  4. Items that are returned without a return agreement.
  5. Items that have been altered, used, worn, or washed after receiving them.
  6. Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer.
  7. Items that are received after the agreed-upon delivery date due to shipping delays.
  8. Cost of shipping disputes.

Returning an Item

Each seller has his or her own return policies, which should be outlined in their Shop Policies. Not all sellers accept returns.

 

Sua Arte Payments Process Policy

 

Sua Arte allows buyers and sellers to use Stripe to process all the transaction in the system and in their local currencies.

This policy is a part of our Terms of Use. By using Sua Arte and Stripe Services, you are agreeing to this policy and our Terms of Use.

1. Accepting These Terms
2. Overview
3. Third-Party Services
4. Sua Arte’s Rights and Responsibilities
5. Seller Rights and Responsibilities
6. Appointment of Sua Arte as Limited Payment Collection Agent for Sellers
7. Deposits
8. Recoupment
9. Payment Processing Fees
10. Reporting Obligations
11. Termination

  1. Accepting These Terms

This document (the Sua Arte Payments Process Policy or the “Policy,” for short) sets out your rights and responsibilities when you use Sua Arte Payments process on Sua Arte’s services (we’ll refer to SuaArte.com and other services as our “Services”), so please read it carefully. By using Sua Arte Payments Process, you are agreeing to the Policy.

The Sua Arte Payments Process Policy is also a part of our Terms of Use. By using any of our Services, you are agreeing to the Terms of Use.

  1. Overview

Sua Arte Payments Process allows sellers to (a) accept payment by authorized credit card transactions by Stripe. (b) have those funds credited to a seller’s payment account with Sua Arte, and (c) have those funds deposited into a seller’s designated Stripe account and those funds transfers to a bank account.

All seller of Sua Arte services have exclusive access to the seller central administration system (Know as the Dashboard) where the seller see and track all the seller activity of his store.

Sua Arte Payments Process is only available to sellers who are at least 18 years old who register and are approved for a payment account with Sua Arte. Sua Arte Payments Process is currently available to sellers in the Puerto Rico and the United States.

Sellers may only use Sua Arte Payments Process for the sale of items listed on Sua Arte’s Services, and agree to ship sold items once a payment transaction is in process and reflected in their console. Sua Arte reserves the right to terminate a seller’s access to Sua Arte console if the seller uses Sua Arte user console in any other manner.

Buyers may authorize a payment with any major credit card accepted by Sua Arte through Stripe.

  1. Third-Party Services

Sua Arte 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.

Sua Arte partners with Stripe and other licensed payment processors to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you are located. If there are insufficient funds in your Syripe account when our provider processes the payment for your purchase, Sua Arte reserves the right to contact you directly and to seek payment.

Sua Arte may share your personal or transaction information with those third-party service providers when it is necessary to process payments.

By using a third-party service, you may also be subject to an agreement with the third-party. For example, Stripe is a third-party service and is subject to the Stripe User Agreement.

If Sua Arte receives notice that your shop’s content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending your selling privileges, or removing certain payment methods.

Stripe

Sua Arte supports Stripe Standard:

Stripe Standard. Integrated Stripe allows sellers to receive funds from Stripe purchases directly into their Sua Arte payment Process account, without the need to manage a separate Sripe account. This means that when buyer pays with Credit Cards, the funds from the order will be credited to a seller’s payment process account along with the rest of the orders. The standard Sua Arte Payments Payment Processing Fee (described below) applies to orders that go through integrated Stripe; there is no additional Stripe fee.

Sua Arte can only process the transaction through integrated Stripe. Similarly, if a buyer purchases items from multiple shops in a single transaction, Sua Arte may have to process the transaction through integrated Stripe.

  1. Sua Arte’s Rights and Responsibilities

Sua Arte Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Sua Arte’s Terms of Use.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Sua Arte may refuse service of Sua Arte Payments to anyone, for any reason, at any time.

Sua Arte reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Sua Arte’s Terms of Use.

Sua Arte maintains records associated with transactions on Sua Arte Payments and does not pass any secure data, including credit card numbers or bank account information to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order. Sua Arte’s Privacy Policy further explains how Sua Arte handles user information.

Sua Arte will send you any relevant notices regarding your use of Sua Arte Payments.

  1. Seller Rights and Responsibilities

A. Use of Sua Arte Payments. If you live in a country in which Sua Arte Payments is available, you are required to sign up for Sua Arte Payments, which will result in your shop accepting payment through authorized credit card transactions, bank transfer services through Stripe. For you to sign up for Sua Arte Payments and receive payment for transactions made through Sua Arte Payments, you must provide valid account information for a bank account in the United States and Puerto Rico. Without this information, Sua Arte cannot pay you!. If you live in a country in which Sua Arte Payments is available and you do not provide Sua Arte with this information, Sua Arte may refuse you access to the Services until you do so.

B. Payment Accounts. Sua Arte Payments is only available to sellers who register and are approved for a payment account. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Sellers authorize us, and authorized agents, to verify their information (including any updated information) by accessing public records and obtaining credit reports about the sellers in order to approve a payment account. Sellers also authorize Sua Arte to verify the sellers’ information from time to time while the sellers are using Sua Arte Payments. Sua Arte verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Payment accounts are only available to individuals who are eligible to be sellers on Sua Arte’s services and who have a valid bank account on file with Sua Arte, unless they are exempt from this requirement.

C. Disputes. Sellers agree to resolve any disputes directly with a buyer in accordance with our Seller Policy and Terms of Use. In the event that a dispute is escalated to Sua Arte’s Support Team, Sua Arte reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Sua Arte’s Seller Policy and Terms of Use.

In the event that a buyer submits a chargeback, Sua Arte will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Sua Arte reserves the right to recoup funds associated with buyer chargebacks.

D. Communications. We will inform sellers of each transaction, or of other information pertaining to Sua Arte Payments, using our standard communication procedures, including by email or through any Sua Arte’s Conversations tool.

E. Refunds. Refunds or adjustments paid by Sua Arte to buyers for payments made through Sua Arte Payments may be initiated by the seller comuncation with Sua Arte administrators via email indicating invoice number and amount to be refunded. Any such funds paid by Sua Arte to cover refunds will be billed to the seller. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the sellers.

F. International Trade Laws. You agree that your use of Sua Arte Payments will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.

  1. Appointment of Sua Arte as Limited Collection Agent for Sellers

Each seller appoints Sua Arte as its agent for the limited purpose of receiving, holding and settling payments to seller. Sua Arte will settle payments that are actually received by Sua Arte to each seller, less any amounts owed to Sua Arte and subject to these Terms. Each seller agrees that a buyer payment received by Sua Arte, on behalf of seller, satisfies the buyer’s obligations to make payment to seller, regardless of whether Sua Arte actually settles such payment to seller. If Sua Arte does not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Sua Arte and not the buyer.

  1. Deposits

A. Payment Account. All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete once the seller ship the complete order and enter the correct shipping information (courier and tracking information). Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.

Funds in a payment account balance are eligible for deposit (the “Available Balance”) into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank.

B. Country and Currency Options. Available Balances can only be deposited into bank accounts, in the domestic currency of the account, in the United States and Puerto Rico in the following currencies: USD.

C. Scheduled Deposits. Sua Arte will instruct our payments partners to initiate a deposit of a seller’s Available Balance into the seller’s bank account on a weekly basis (each Monday). In this policy we’ll refer to the date of disbursement as the “Payment Date”. Deposits into a seller’s bank account will generally be credited within three (3) to five (5) business days from the date Sua Arte initiates the deposit request. The actual timing of the deposit may depend on how quickly a seller’s bank processes the request.

D. Holds and Delays. In some cases, deposits to sellers’ bank accounts could be temporarily delayed by an issue at Sua Arte, at Sua Arte’s third-party service providers, or at a seller’s bank. We’ll do our best to communicate with the affected sellers as soon as we can.

If we believe that a seller’s actions may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put (1) a hold, (2) a deposit delay, or (3) a reserve on the seller’s payment account balance.

A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date; or (b) completion of any investigation regarding the seller’s actions.

Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller and the number of days is reflected in each seller’s payment account.

A reserve is defined as a fixed percentage of a seller’s payment account balance delayed prior to being included as part of a seller’s Available Balance for a period of up to 180 days.

If Sua Arte places a hold, a deposit delay or a reserve on a seller’s account, we’ll do our best to communicate with the affected seller as soon as we can.

We always work hard to avoid and minimize any delays. However, please note that Sua Arte is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.

E. Escheatment. If Sua Arte cannot settle funds into a seller’s bank account, the funds will remain in the seller’s payment account. It is the seller’s sole responsibility to update his or her bank account information to receive the funds.

  1. Recoupment

A. We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, consistent with Section 5 (Seller Rights and Responsibilities), that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller, or (d) a seller does not act in accordance with Sua Arte’s Terms of Use or any policy thereunder.

B. We may obtain reimbursement of any amounts owed by a seller to Sua Arte by deducting from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller’s credit card on file, charging the seller’s bill, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement.

  1. Payment Processing Fees

Overview. Sua Arte charges a fee (the “Payment Processing Fee”) for processing each transaction through Sua Arte Payments. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Unlike other fees charged by Sua Arte, the Payment Processing Fee will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded on the seller’s bill.

 

Puerto Rico and United States 3.9% + 0.30 USD
  1. Reporting Obligations

Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for sellers located in the United States or being paid in USD that meet both of the following thresholds in a calendar year (reporting):

  1. More than $20,000 USD in gross sales.
  2. More than 200 transactions.

To comply with these regulations, sellers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required to provide taxpayer-identification information to Sua Arte via email.

  1. Termination

Sellers may terminate this contract and their acceptance of Sua Arte Payments at any time by adjusting the Settings in their account with Sua Arte. Sua Arte may also terminate or suspend a seller’s use of Sua Arte Payments at any time.

Upon termination, any non-disputed available balance will be deposited into a seller’s bank account. Sua Arte reserves the right, upon termination of access to Sua Arte Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the seller’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorized in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

 

Seller Policy

 

Sua Arte operates markets where you can sell your handmade goods, vintage items, and craft supplies directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on Sua Arte. Please read on to find out more about your rights, as well as what is expected of you, as a seller.

This policy is a part of our Terms of Use. By opening a Sua Arte shop, you are agreeing to this policy and our Terms of Use.

1. What Can be Sold on Sua Arte.
2. What Cannot be Sold on Sua Arte.
3. Representing Yourself, Your Shop, and Your Listings Honestly.
4. Privacy and Communicating with Other Sua Arte Members.
5. Creating and Uploading Content.
6. Building a Positive Reputation Through our Reviews System.
7. Providing Great Customer Service.
8. Responding to Requests for Cancellations, Returns, and Exchanges.

 

  1. What can be sold on Sua Arte

Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on Sua Arte must be handmade, vintage, craft supply or items approved by Sua Arte administration.

Handmade items are items that are made and/or designed by you, the seller.

If you sell handmade items, you agree that:

  1. All handmade items are made or designed by you. If you work with a production partner, you must disclose that production partner in your relevant listings.
  2. You accurately describe every person involved in the making of an item in your shop in your about section.
  3. You are using your own photographs — not stock photos, artistic renderings, or photos used by other sellers or sites.

If you are selling custom items in the handmade category, you agree that:

  1. All custom item listings are available for purchase.
  2. Each custom listing has a set price.
  3. If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.

Vintage items must be at least 20 years old.

Craft Supplies are tools, ingredients, or materials whose primary purpose is for use in the creation of an item or special occasion. Craft supplies may be handmade, vintage, or commercial (not handmade or vintage) in nature. Party supplies may also be sold as craft supplies.

We encourage you to be transparent about where and how your craft supplies were made and where your materials come from. You can disclose whether your items are handmade or vintage, or have social or environmental attributes, such as organic or recycled. You can also select the location of manufacture.

System administrators inspect every item before it is available for selling.

 

  1. What can’t be sold on Sua Arte

Even if they otherwise meet our handmade, vintage, or craft supply criteria, prohibited items, services, and items that violate our intellectual property are not allowed to be sold on Sua Arte.

Keep in mind that members may flag listings that appear to violate our policies for Sua Arte’s review.

Sua Arte may remove any listings that violate our policies. Sua Arte may also suspend or terminate your account for any violations. You will still be on the hook to pay any outstanding fees on your Sua Arte statement.

If you are raising money on behalf of a charity, you must obtain that charity’s consent.

System administrators inspect every item before it is available for selling.

 

  1. Representing Yourself, Your Shop, and Your Listings Honestly

At Sua Arte, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.

By selling on Sua Arte, you agree that you will:

  1. Provide honest, accurate information in your store.
  2. Honor your Shop Policies.
  3. Accurately represent your items in listings and listing photos. If you are selling craft supplies, accurately disclose whether they are handmade, vintage, or commercial (not handmade or vintage), and whether they are organic or recycled, as well as the location of manufacture (if known).
  4. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Sua Arte.
  5. Not engage in fee avoidance.
  6. Not create duplicate shops.
  7. Not coordinate pricing with other sellers.

 

  1. Privacy and Communicating with Other Sua Arte Members

Conversations

Conversations may not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam.
  2. Harassing or abusing another member or violating our Anti-Discrimination Policy.
  3. Contacting someone after they have explicitly asked you not to.
  4. Interfering with a transaction or the business of another member.

Interference
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Sua Arte. Examples of interference include:

  1. Contacting another member to warn him or her away from a particular member, shop, or item.
  2. Posting in public areas to demonstrate or discuss a dispute with another member.
  3. Purchasing from a seller for the sole purpose of leaving a negative review.
  4. Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as “click fraud.”

Harassment
Any use of Sua Arte Conversations to harass other members is strictly prohibited. Similarly, Conversations may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy.

Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process and complying with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Sua Arte user information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Sua Arte users you interact with and compatible with this policy and Sua Arte’s Terms of Use.

 

  1. Creating and Uploading Content

As a member of Sua Arte, you have the opportunity to create and upload a variety of content, like listings, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:

  1. Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy.
  2. Obscene or vulgar.
  3. In violation of someone else’s privacy or intellectual property rights.
  4. False, deceptive, or misleading.

 

  1. Building a Positive Reputation through our Reviews System

Reviews are a great way for you to build a reputation on Sua Arte. Buyers can leave a review, including a one to five star rating, within 100 days after their item’s expected delivery date. The estimated delivery date is the purchase date + processing time + shipping time.

Extortion

Extortion is not allowed on Sua Arte. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Sua Arte. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive review. For more information, please see this Help article.

Shilling

Shilling is strictly prohibited on Sua Arte. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer.

 

  1. Providing Great Customer Service

We expect our sellers to provide a high level of customer service. By selling on Sua Arte, you agree to:

  1. Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance.
  2. Respond to communications with clients in a timely manner.
  3. Honor the commitments you make in your shop policies.
  4. Resolve disagreements or disputes directly with the buyer.
  5. If you are unable to complete an order, you must notify the buyer and cancel the order. If you need to cancel an order and place refunds, notified to sales@suaarte.com with the order number to cancel and refund amount.

 

  1. Responding to Requests for Cancellations, Returns, and Exchanges

Cancellations

If you are unable to complete a transaction, you must notify the buyer via email and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

You may cancel a transaction under the following circumstances:

  1. Both you and the buyer agree to cancel the transaction prior to shipment, and you have issued the buyer a full refund.
  2. You have decided to refuse service to the buyer and are complying with our Anti-Discrimination Policy. If the buyer has already paid, you must also issue a full refund, including shipping.
  3. The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item.
  4. Both you and the buyer agreed that the buyer could return the item for a refund, you have received the returned item and issued a refund to the buyer for the item.

We ask buyers to contact a seller directly and attempt to resolve any outstanding issues before contacting Sua Arte. For this reason, it is important that you fill out your shop policies and regularly respond to communications from your buyers.

Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within seven (7) days or the period noted by Sua Arte in the case. Sua Arte reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service and case manipulation.

You understand that under Sua Arte’s dispute resolution procedures, Sua Arte may use your personal information for the purpose of resolving disputes with other members. Cases can be filed in the following circumstances:

Non-Delivery

A non-delivery occurs when a buyer places an order and submits payment, but does not receive the item. The following are examples of non-delivery cases:

  1. An item was never sent.
  2. An item was not sent to the address provided on Sua Arte.
  3. There is no proof that the item was shipped to the buyer’s address.

Not as Described

An item is not as described if it is materially different from your listing description or your photos. The following are examples of not as described cases:

  1. The item received is a different color, model, version, or size than is shown in the photo or described in the listing.
  2. The item has a different design or material.
  3. The item was advertised as authentic but is not authentic.
  4. You failed to disclose the fact that an item is damaged or is missing parts.
  5. A buyer purchased three items but only received two.
  6. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.

Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

  1. The item(s) were ordered for a specific date or event.
  2. The item(s) are rendered useless after that date.
  3. The seller did not ship the item(s) according to their processing time or the date agreed upon in Conversations.

If Sua Arte determines that an item is not as described, you will be required to refund the original shipping and return shipping, in addition to the cost of the item.

Ineligible Transactions

Some disputes do not qualify for Sua Arte’s case system. These include:

  1. Items that have been purchased in person.
  2. Intangible items, services, or prohibited items.
  3. Transactions where payment is not made through Sua Arte Payment Gateway (Stripe).
  4. Items that are returned without a return agreement.
  5. Items that have been altered, used, worn, or washed after receiving them.
  6. Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer.
  7. Items that are received after the agreed-upon delivery date due to shipping delays.
  8. Cost of shipping disputes.

When a dispute is ineligible, we encourage both parties to work together to come to an amicable solution.

 

 

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