Terms and Conditions

Effective from 3rd March 2026

Introduction

These Terms and Conditions govern the use of the Zoea Aesthetics Digital Art Marketing Platform operated by Zoea Aesthetics.

By accessing, registering, listing artwork, or purchasing artwork on the Platform, you agree to be legally bound by these Terms.

This Agreement applies to:

  • Artists (individuals or entities listing artwork for sale)
  • Collectors / Buyers (individuals or entities purchasing artwork)

SECTION A: GENERAL TERMS

(Applies to All Users)

2. ELIGIBILITY

  • Users must be at least 18 years old.
  • Artists must legally own or have rights to sell the artwork.
  • Users must provide accurate and complete registration information.

Zoea Aesthetics reserves the right to suspend accounts that provide false information.

3. PLATFORM ROLE

Zoea Aesthetics operates as:

  • A digital marketing and sales intermediary
  • A curation and authentication platform

We do not take ownership of artwork unless explicitly agreed in writing.

4. INTELLECTUAL PROPERTY

All content on the platform (logo, branding, design, text) remains property of Zoea Aesthetics.

Artists retain copyright of their artwork.

Collectors may not reproduce, resell, or commercially exploit artwork without written consent from the artist.

5. FEES & COMMISSION

Zoea Aesthetics will charge:

  • A commission of 25% per successful sale
  • Transaction fees where applicable
  • Optional premium promotion fees (if selected by artist)

Commission is deducted before artist payout.

6. PAYMENTS

Payments shall be processed through:

  • M-Pesa
  • Bank transfer
  • Approved online payment gateways

Artists shall receive payment within 3–7 business days after confirmed delivery and receipt of funds.

7. DISPUTE RESOLUTION

Any disputes shall first be resolved amicably.

If unresolved, disputes shall be governed by the laws of the Republic of Kenya and may be referred to arbitration in Nairobi.

SECTION B: TERMS FOR ARTISTS

8. ARTIST WARRANTIES

By listing artwork, the Artist confirms that:

  • They are the sole creator or legal rights holder
  • The artwork does not infringe copyright or intellectual property laws
  • The artwork is authentic and accurately described
  • The artwork is not stolen, forged, or illegally acquired

False representation will result in removal and potential legal action.

9. ARTWORK SUBMISSION & CURATION

Zoea Aesthetics reserves the right to:

  • Approve or reject submissions
  • Edit descriptions for marketing clarity
  • Categorize artwork
  • Remove listings that do not meet brand standards

Submission does not guarantee approval.

10. PRICING

Artists may suggest a price. However:

  • Zoea Aesthetics may advise adjustments based on market positioning.
  • Final listing price must be mutually agreed upon.

Price changes require written approval.

11. SHIPPING & DELIVERY

Artists must:

  • Ensure safe packaging
  • Provide accurate dimensions and condition details
  • Deliver artwork to Zoea Aesthetics within agreed timeframe

Zoea Aesthetics may facilitate logistics but is not liable for damage caused by third-party couriers unless otherwise agreed.

12. EXCLUSIVITY

If artwork is listed as exclusive to Zoea Aesthetics:

  • It may not be simultaneously listed on other marketplaces
  • Violation may result in removal

13. TERMINATION

Zoea Aesthetics may suspend or terminate artist accounts if:

  • Fraudulent activity occurs
  • Copyright violations occur
  • Platform reputation is harmed

Artists may request removal with written notice.

SECTION C: TERMS FOR COLLECTORS / BUYERS

14. PURCHASE AGREEMENT

By purchasing artwork, the Buyer agrees:

  • To pay full listed price including applicable taxes and shipping
  • That all sales are subject to availability
  • That custom or commissioned works may not be refundable

15. AUTHENTICITY

Zoea Aesthetics will provide:

  • Certificate of Authenticity (where applicable)
  • Documentation confirming artist origin

However, artistic interpretation and aesthetic preference are subjective.

16. RETURNS & REFUNDS

Returns may be accepted if:

  • Artwork arrives damaged
  • Artwork significantly differs from listing description

Buyers must notify within 48 hours of delivery.

Custom commissions are non-refundable unless defective.

17. SHIPPING LIABILITY

Risk transfers to buyer upon confirmed delivery.

Insurance options may be offered at additional cost.

SECTION D: DATA & PRIVACY

18. DATA PROTECTION

Zoea Aesthetics complies with the Kenya Data Protection Act (2019).

We collect personal data for:

  • Account registration
  • Payment processing
  • Marketing (with consent)

User data will not be sold to third parties.

SECTION E: LIMITATION OF LIABILITY

Zoea Aesthetics shall not be liable for:

  • Indirect losses
  • Loss of profit
  • Shipping delays caused by third parties
  • Force majeure events

Maximum liability shall not exceed the total transaction value.

SECTION F: AMENDMENTS

Zoea Aesthetics reserves the right to modify these Terms at any time.

Users will be notified of updates before they take effect.

SECTION G: GOVERNING LAW

This Agreement shall be governed by the laws of the Republic of Kenya.

CONTACT INFORMATION

Zoea Aesthetics

Nairobi, Kenya

Email: zoeaaesthetics@gmail.com

Phone: +254 757 811 870

Last updated: 3rd March 2026