Register

FAQs

  1. Step 1: Register on the UMVA Kreatives platform or log in if you already have an account.

    Step 2: Go to the iBuyArt page and search for the item you want to buy from the search button or go to categories and chose the category you are interested in.

    Step 3: Add the item you want to the cart and click checkout on the cart button. Then chose if you want to rent or buy the item.

    Step 4: Provide your address for delivery and click finish then sit back and wait for your art to be delivered.

  2. Step 1: Register on the UMVA Kreatives platform and become a member or log in if you already have an account.

    Step 2: Make photos of the art you need to sell.

    Step 3: Send the item description and photos to the UMVA Kreative page administrator for approval

    Step 4: Wait for a reply from the coordinator and if your art fits the standards of the page, then it will be uploaded.

Terms of use

Welcome to the iBuyArt auction website.  This user agreement will be effective upon acceptance for new users. The site reserves the right to change, modify, add or remove portions of these terms and conditions at any time.

These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between UMVA Kreative and you. Please read these Terms carefully. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service. 

Collection and payment of Value Added Tax (VAT) will fall in the hands of the seller and iBuyArt will not remit and declare applicable taxes including VAT on the amount of the commission and fees collected for its services and withholding tax where applicable.

All sellers must meet the minimum standards of iBuyArt for all the commodities sold and therefore posting a substandard commodity is punishable with a fine.

UMVA Kreative will receive a 10% commission on each sale made.

All buyers and sellers must provide correct information on this website and iBuyArt is not responsible for any wrong information presented on the website. However, we will do the necessary research to ensure that the information is correct.

iBuyArt has the rights to analyze message content, make calls and recordings, and also store the information of every information provided to this website.

All sellers are allowed to create their own return and refund policies according to the circumstances available at the time but they have to always inform UMVA Kreative administrator.

For the clients who rent art, they should ensure that the art is brought back in the same condition it is given to them or they will have to buy the art at the original amount stipulated.

The Administrator reserves a right to delete or block access to announcements posted by users without any notice in the event of: 

(i) Receiving of mandatory judgments of competent public authorities

(ii) Claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform

(iii) Infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request

(iv) Detecting that announcement posted by user on the Platform breaches these Terms or any applicable law, regulation, rule or standard. 

The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

These Terms shall be governed in accordance with the laws of Uganda (laws of Burundi). Any dispute, controversy or claim arising out of or in connection to these Terms, or breach, termination or invalidity thereof shall be settled in accordance with Arbitration and Conciliation Act. The language to be used in the arbitral proceedings shall be English (French/Swahili/Kirundi). 

PLEASE CAREFULLY REVIEW OUR CONDITIONS OF SALE.

UMVA KREATIVE PLATFORM CONDITIONS OF SALE.

First Drafted: September, 2020

These Conditions of Sale (“Conditions”) describe the relationship between umvakeratives.com (“UMVA” or “we” or “our” or “us”) and the funders, buyers, prospective buyers, bidders, sellers, renters and prospective sellers that use the UMVA Kreatives website, products, and services (collectively, the “Services”). By using the Services to buy, bid on, inquire about, list, market, offer for sale, rent, or sell any property, you (“you” or “your”) agree to be bound by these Conditions. Please read these Conditions carefully, and feel free to contact us if you have any questions.
  • 1. BASIC CONDITIONS

    The Services include an online marketplace and tools to buy, bid on, inquire about, list, market, offer for sale, rent, and sell artwork and other property. All property is offered for sale, rent, and sold or rented directly from the seller to the buyer, and we are not a party to any sale, except as stated in section 6 below. We will facilitate communication and payment between buyers, prospective buyers, bidders, renters, and sellers in connection with all property. However, we are not the agent of any buyer, prospective buyer, renter, or bidder for any purpose, and we are not the agent of any seller or renter for any purpose. If you are using the Services on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to bind that entity to these Conditions, in which case the terms “you” and “your” in these Conditions will refer to that entity. In these Conditions, “on the Services” means on the UMVA website and/or (as applicable) on any UMVA application that you may use. By using the Services in any manner, you also accept our Terms of Use which governs your access to and use of the Services and our Privacy Policy which describes our practices for the collection and use of your information.
  • 2. ADDITIONAL PROPERTY TERMS

    Sellers that use the Services are separate businesses from UMVA and may have their own additional terms and conditions that apply to the property they offerfor sale. Such terms and conditions may be posted in such property's listing on the Services or otherwise made available on the Services in connection with such property, and you are responsible for reviewing all relevant information available on the Services before buying or bidding on any property. If these Conditions conflict with any seller's terms and conditions posted on the Services, the seller's applicable terms and conditions will apply to the extent of the conflict. However, in no event will any seller's terms and conditions constitute any representation, warranty, or assumption of liability of any kind by us.
  • 3. INQUIRIES

    The Services may include features that enable you to contact us or the seller regarding property listed on the Services (“Inquiry”). We and the seller will have no obligation to accept or respond to any Inquiry and no liability for any delay or failure to do so.
  • 4. ONLINE PURCHASES

    You may be able to place orders to purchase some property on the Services using the online purchase feature (“Pay with UMVA”). Where available, the Online Purchase feature will be indicated on the Services with a “Purchase” or "Buy Now" button. Online Purchase orders are binding on the buyer. When you place an order using the Online Purchase feature (Pay with UMVA), you are required to complete the transaction subject to these Conditions. For some property, the Online Purchase feature may be available in addition to competitive auction bidding, in which case the Online Purchase feature will be available until the current bid for such property meets or exceeds the starting bid, or, if such property has a Reserve (see section 8 below), until the current bid for such property meets or exceeds the Reserve. If such property is ordered using the Online Purchase feature, it will be withdrawn from the auction pending completion of the Online Purchase sale.
  • 5. CONSIGN/SELL

    If you are interested in consigning your property, the Services may include features that provide you with the opportunity to connect with potential sellers who may allow you to consign your property with them. We and/or any potential seller will have no obligation to accept or respond to any such request for an offer of consignment and will have no liability for any delay or failureto do so. Any information provided by us or any potential seller are general guidelines only and may not be relied on by you.
  • 6. UMVA SALES

    On rare occasions, UMVA itself may sell property through the Services. If we are the seller of an item, we will expressly identify UMVA as the seller on the Services and when performing a transaction with the buyer, and with respect to that item, we will be considered the seller under these Conditions. In all other cases, whether an auction, Online Purchase or otherwise, we are not the seller and will have none of the seller’s obligations or liability, whether under these Conditions or otherwise.
  • 7. WITHDRAWAL

    We and the seller each reserve the right to withdraw any property from the Services at any time, and will have no liability whatsoever for any such withdrawal. With respect to property available for bidding or listed with the Online Purchase feature, this withdrawal right applies before, during and after any auction or Online Purchase sale.
  • 8. BUY NOW AND MAKE OFFER

    Features. You may be able to place orders to purchase some property on the Services using the online purchase feature (“Buy Now”) or make an offer feature (“Rent Now”). Where available, the Buy Now feature will be indicated on the Services with a "Buy Now" button. Buy Now orders are binding on the buyer. When you place an order using the Buy Now feature, you are required to complete the transaction subject to these Conditions. If such an item is ordered using the Buy Now feature, it will be withdrawn from the available inventory the seller has pending completion of the Buy Now sale. For some items, the Rent Now feature may also be available, indicated on the Services with a “Rent Now” button. In these cases, you may be able to place an offer for such items using the feature, and the seller may choose to accept your offer or respond with a counter-offer. The property will not be removed from a seller’s inventory until such time as a seller accepts either Buy Now or Rent Now.Registration and Requirements. In order to participate in Buy Now/ Rent Now, you will need to create an UMVA account and register, provide any required contact and payment information, and complete any required forms. We will require you to activate and credit your UMVA account by transferring credit from your bank, mobile money, or other financial references. We may also require that you deposit a portion of any purchase price or offer that you place, in which case, if the sale is not finalized, your deposit will be refunded to you. In any case, we may refuse registration or access to any person at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to use your UMVA account or login credentials. Buyer’s Responsibility. Each buyer that places an order using “Buy Now” or makes an offer using “Rent Now” is required to complete the transaction if they hit the “Buy Now” button, or if their offer which they made using the “Rent Now” function is accepted. When you purchase property or make an offer on any item, you are accepting personal liability for the Total Purchase Price (defined below). Our Discretion. We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to “Buy Now” or “Rent Now” at any time; and, (ii) reject, revoke or refuse to accept any such order or offer at any time (even orders or offers that may have been previously confirmed, whether on the Services, by email, text message or otherwise). Inquiries. The seller will have no obligation to accept any Make Offer, and we and the seller will have no liability for any delay or failure to do so. All Offers and Sales are Final. Please note that all offers and sales are final once submitted and may not be cancelled or modified by you. Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase (whether through “Buy Now” or “Rent Now”) the sale contract between the buyer and the seller is concluded. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, and/or any other taxes or levies that the selleror we are required to collect from the buyer under applicable law; (iii) any and all shipping and packing costs; and (iv) any and all other applicable charges. Payment Processing. We accept payment from the buyer on behalf of the seller in connection with sales made using the “Buy Now” and “Rent Now” functions. We use (Pay with UMVA) system that is generates a personal bank account upon registering an UMVA account. The Personal UMVA account accepts credit transfers from bank accounts, mobile money, PayPal and other financials. We may place limits on any purchase to process any transaction at our sole discretion. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made for these sales. Currently, all payments in connection with these sales must be made in the currency specified by us unless we expressly agree otherwise in writing. The buyer is responsible for any foreign exchange costs incurred to make all payments to us in Uganda Shillings (UGX), Burundian Francs (BIF) regardless of the buyer’s home currency, should such foreign exchange be necessary. The buyer consents to us retaining commissions out of amounts received from the buyer to the seller for these sales. Taxes. The buyer is required to pay any and all sales taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay any taxes the seller is, or we are, as applicable, required to collect, but the failure of the seller or us, as applicable, to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes will be collected from the buyer in addition to the listed price.
  • 9. AFTER SALE

    Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase, and upon the conclusion of any rental, the sale contract between the buyer and the seller is concluded, and the buyer must pay the Total Purchase Price no later than 5:00 PM EAT on the seventh (7th) day after the sale (“Payment Deadline”). The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that the seller or we are required to collectfrom the buyer under applicable law; and (iii) (for items rented) any applicable buyer’s premium. Passage of Title and Risk of Loss. We do not transfer and are not responsible for transferring legal ownership of property from the seller to the buyer, unless the buyer and the seller agree otherwise. The seller represents that: (i) the seller is the sole owner of each item the seller offers for sale through the Services, or else the seller is duly authorized by the owner of such item to sell it; and (ii) subject to these Conditions, the seller is able to transfer good and marketable title to such item to the buyer free from any claims of third parties. Risk of loss to each item will pass to the buyer when legal title to such item passes to the buyer. Shipping and Handling. The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. We are not the agent of any buyer, seller or third party in connection with the shipping, packing or handling of any property. We do not control and are not liable or responsible for the acts, omissions or policies of the seller or any third party in connection with the shipping, packing or handling of any property, whether or not recommended by us. Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased property. Resale. The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions. Remedies for Non-Payment. If the buyer for any reason cancels any payment made or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer will be in default ("Buyer Default") and will be liable for payment of such Total Purchase Price and any other applicable charges. In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us or theseller (whether at law, in equity, or under these Conditions), the seller may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the seller thinks fit, and the defaulting buyer will be liable for payment of any deficiency between the resale price obtained by the seller and the purchase price originally owed by the defaulting buyer. In any case, the defaulting buyer will be liable to us and the seller for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue. In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided on the Services, whether or not the buyer provided such credit card information in connection with the sale at issue.
  • 10. EXPORT AND IMPORT LICENSES AND OTHER RESTRICTIONS

    Prospective buyers are advised that: (i) some countries may prohibit or require a license or permit in order to export or import some property, including but not limited to property containing material from endangered or other protected plant or animal species; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some property exported from those countries (sometimes called a “right of preemption”). None of UMVA and our officers, owners, directors, consultants, agents, and employees (collectively, the “UMVA Parties”) or the seller makes any representations or warranties as to whether any property is or is not subject to any such laws or restrictions. It is solely the buyer’s responsibility to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for purchased property. Unless the buyer and the seller agree otherwise, a delay in obtaining or failure to obtain any required license or permit will not justify the cancellation of any sale or any delay in paying the Total Purchase Price with respect to any property. None of the UMVA Parties or the seller will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property,transportation restriction, or other action taken by any government or public authority.
  • 11. STAFF PARTICIPATION

    UMVA staff may use the Services as buyers or renters in their personal capacity (i.e. not as our employees, agents or representatives) as long as they do not have any confidential information about the item they are buying (for example, the Reserve of an item offered for rent). Likewise, if the seller is an organization or company, its staff may buy or rent in their personal capacity, as long as they do not have any confidential information about the item. In all such cases, the staff member is personally subject to these Conditions like any other buyer or renter.
  • 12. AVAILABILITY AND PRICING

    We cannot guarantee that any property appearing on the Services will be available to sell or listed with the correct price, including but not limited to items listed with the Online Purchase feature. We reserve the right to cancel any Online Purchase order at any time if we are notified by the seller or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after the buyer receives an order confirmation (whether on the Services, by email or otherwise). If your Online Purchase order is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and the UMVA Parties and the seller will otherwise have no liability whatsoever for any such cancellations or listing errors. You acknowledge and agree that all property appearing on the Services is subject to availability.
  • 13. “AS IS”

    ALL PROPERTY RENTED OR SOLD VIA ONLINE PURCHASE IS SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, AND NONE OF THE UMVA PARTIES OR THE SELLER MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITY OF ANY KIND, WITH REGARD TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATUREOR HISTORICAL RELEVANCE OF ANY SUCH PROPERTY, AND NO STATEMENT ANYWHERE, WHETHER ORAL OR WRITTEN, WHETHER MADE ON THE SERVICES, IN A BILL OF SALE, AN ADVERTISEMENT, ANY OTHER SUPPLEMENTAL MATERIALS OR ELSEWHERE, WILL BE DEEMED SUCH A REPRESENTATION, WARRANTY, OR ASSUMPTION OF LIABILITY. THE UMVA PARTIES AND THE SELLER MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE BUYER WILL ACQUIRE ANY REPRODUCTION RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ANY PROPERTY SOLD, OR WHETHER ANY ARTWORK SOLD IS SUBJECT TO ANY ARTIST’S MORAL RIGHTS OR RESIDUAL RIGHTS. WITH RESPECT TO PROPERTY AVAILABLE FOR RENTING, ANY ESTIMATE OF THE SELLING PRICE IS NOT TO BE RELIED ON AS A STATEMENT THAT THIS IS THE PRICE AT WHICH THE ITEM WILL SELL OR ITS VALUE FOR ANY OTHER PURPOSE. THE UMVA PARTIES AND WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SERVICES OR IN ANY SUPPLEMENTAL MATERIALS. ALL PROPERTY SOLD VIA ONLINE PURCHASE IS FINAL SALE AND IS NOT RETURNABLE.
  • 14. DISPUTE RESOLUTION

    As we are not the agent of any buyer, prospective buyer, renter or seller for any purpose, the UMVA Parties have no duty to resolve, and will not act as the agent of any buyer, prospective buyer, renter or seller in connection with resolving any disputes. However, we reserve the right, but are not obligated, to investigate complaints or claims of buyers, prospective buyers, renters or sellers, and you agree to cooperate with us in any such investigations that we may choose to conduct, as permitted by applicable law.
  • 15. GENERAL RELEASE

    THE UMVA PARTIES DO NOT ENDORSE OR CONTROL AND ARE NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY BUYERS, PROSPECTIVE BUYERS, RENTERS OR SELLERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED, OFFERED OR SOLD THROUGH THE SERVICES. IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, PROSPECTIVE BUYERS, RENTERS OR SELLERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED, RENTED OR SOLD THROUGH THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THEUMVA PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
  • 16. DISCLAIMER OF WARRANTIES

    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, AND ANY WARRANTIES THAT ANY BUYERS, PROSPECTIVE BUYERS, RENTERS OR SELLERS WILL COMPLETE ANY TRANSACTIONS OR OTHERWISE PERFORM AS PROMISED, ALL OF WHICH THE UMVA PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ANY OF THE UMVA PARTIES BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE EXECUTION OF ANY BIDS (WHETHER ONLINE, OFFLINE, ON THE SERVICES, IN AN EMAIL, OR OTHERWISE), OR FOR ANY INABILITY OR FAILURE TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR FROM ANY BREAKDOWNS OR MALFUNCTIONS OF THE SERVICES OR ANY COMPUTER, DEVICE OR SYSTEM DIRECTLY OR INDIRECTLY AFFECTING THE AVAILABILITY OR OPERATION OF THE SERVICES. 17. LIMITATION OF LIABILITY IN NO EVENT WILL ANY OF THE UMVA PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODWILL OR OTHER INTANGIBLE LOSSES, OR ANY INDIRECT,INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE CONDITIONS; (ii) THE SERVICES; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; OR (iv) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
  • 18. CHOICE OF LAW AND VENUE

    These Conditions, and the rights and obligations of the parties under these Conditions, will be governed by and construed in accordance with the laws of Uganda or Burundi. You agree that any claims or disputes arising out of or related to these Conditions, the Services, or the listing, marketing, rent or sale of property through the Services, must be resolved exclusively by the government court located in Uganda or Burundi. You and we each agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Uganda or Burundi for the purpose of resolving all such claims or disputes, and you waive any objection as to inconvenient forum.
  • 19. CHANGES TO THESE CONDITIONS

    We reserve the right to change, modify, add or remove any part of these Conditions at any time at our sole discretion. All changes to these Conditions will be effective immediately when posted on the Services, and you agree to review these Conditions carefully and inform yourself of all applicable changes before buying or renting any property. Changes to these Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these Conditions in effect at the time that such transaction, claim or dispute arose. Please save and/or print a copy of these Conditions for your records.
  • 20. MISCELLANEOUS

    These Conditions, together with any other applicable terms and conditions made available on the Services, and (as applicable) any written terms and conditions made available by us or the seller at a live event where the Services are used for renting, constitutes all of the terms and conditions on which you may purchase, rent, or inquire about property through the Services. If any provision of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible, and these Conditions will otherwise remainin full force and effect. No delay or failure by us to exercise or enforce any right or provision of these Conditions will be deemed a waiver of that or any other right or provision. We will not be deemed to have waived any right or remedy under these Conditions unless the waiver is in writing and signed by an UMVA representative who intends and is duly authorized to agree to such waiver on our behalf. No single or partial exercise by us of any right or remedy under these Conditions will prevent any further exercise by us of any other right or remedy. These Conditions will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns, but you may not assign these Conditions or any right or obligation under these Conditions without our prior written consent. There are no third-party beneficiaries to these Conditions except as expressly stated in these Conditions. You and we are independent contractors under these Conditions. Nothing stated in or implied from these Conditions will create any agency, partnership, joint venture, employment, sales representative, or franchise relationship between you and us. These Conditions were written in English (International). To the extent any translated version of these Conditions conflicts with the English version, the English version controls. The paragraph and section titles in these Conditions are for convenience only and have no legal or contractual effect.
  • 21. HOW TO CONTACT US

      If you have questions about these Terms or our Services, please email us at: info@umvakreatives.com
    • Uganda:

      • Attn: Privacy.
      • UMVA Kreatives,
      • c/o AUXFIN Burundi
      • 52 Factory Road, Ntinda, Kampala UGANDA
    • Burundi:

      • Attn: Privacy.
      • UMVA Kreatives,
      • c/o Bayimba Foundation
    • Netherlands:

      • Attn: Privacy.
      • UMVA Kreatives,
      • c/o AUXFIN International
  • 22. EFFECTIVE DATE

    These Conditions are effective November 16, 2020.

UMVA KREATIVES PLATFORM – ARTIST AGREEMENT

Agreement made through electronic agreement, on day of transmission in the year of 2020; between Artist named above and UMVA Kreatives online (hereinafter referred to as the UMVA., doing business at www.umvakreatives.com and with an office located at 52 Factory road, Ntinda Kampala. Whereas, the artist is an established, professional artist of proven talent; and whereas the artists wish to have UMVA represent him or her online with certain rights enumerated herein; and whereas, UMVA is capable of selling or renting the artwork produced by the artist; and whereas, UMVA wish to represent the artist; Therefore; in consideration of the foregoing premises and the mutual covenant hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
  • 1. SCOPE of UMVA: The artist appoints UMVA to act as his exclusive online representative; for the sale or rent of the artwork online for the pieces submitted to the platform. UMVA shall document receipt of all works uploaded by signing and returning to the artist a record of consignment in the form of annexed to this contract as appendix A.
  • 2. TERM and TERMINATION: This agreement shall have a term of two years and days and may be terminated by either party by giving sixty days written notice to the other party. The term is to expire twenty-four months and days, with the termination always ending on the last of the month. Should the artists terminate the agreement prior to the expiration of the term, UMVA has the right to collect all its expenses relevant to the marketing and promotion of the artist. The agreement shall automatically terminate; if UMVA becomes bankrupt or insolvent. On termination, all works of the artist consigned hereunder shall immediately be returned to the artist at the expense of UMVA.
  • 3. RENEWAL: This agreement shall renew automatically every two years unless sixty days written notice is given to the other party, by the party wishing to terminate the agreement.
  • 4. FEE: no amount will be paid to UMVA at the time of this signed agreement. A membership fee of 10,000 UGX/BIF shall be paid annually after the first year without demand. Should a change in the annual fee occur, UMVA shall give the artist a sixty-day notice in writing. These fees will cover operation and administrative costs and advertising on the artworks.
  • 5. COMMISSIONING: UMVA shall receive a commission of 15% percent of the list retail price shown on the record consignment.
  • 6. PRICE: UMVA shall sell the works of at the retail price shown on the record of the consignment, subject to UMVA’s right to make customary trade discounts to such purchaser as museums, galleries, designers and such.
  • 7. PAYMENTS: UMVA shall pay the artist all proceeds due to the artist within ten days of sale or rent. No sales on approval or credit shall be made without the written consent of the artist and, in such cases; the first proceeds received by UMVA shall be paid to the artist until the artist has been paid all proceeds due.
  • 8. ACCOUNTING: UMVA shall furnish the artist with an accounting every six months, the first such accounting to be given on the 1 st day of the twelfth month. Each accounting shall state for each work sold or rented during the accounting period the following information: The Title of the work, the date of sale, the sale price, the name and address of the purchaser, the amounts due to UMVA and the artists and the location of all works cosigned to UMVA that have not been sold. An accounting shall eb provided in the event of termination of the agreement.
  • 9. IMSPECTION OF BOOKS: UMVA shall maintain accurate books and documents with respect to all transactions entered into the artist. One the artist’s written request, UMVA will permit the artist or the artist’s authorized representative to examine these books and documentation during normal business hours of UMVA.
  • 10. DAMAGES or LOSS: UMVA shall be responsible for damages or loss, up to 65% of its retail value, to any consigned artwork from the date of delivery until work is returned to the artist or delivered to a purchaser. In the event the damage or loss that cannot be restored, the artist shall receive the same amount as if the work had been sold at the retail price; listed in the record of consignment. If restoration is undertaken, the artist shall have veto power over the choice of restorer.
  • 11. INSURANCE: UMVA shall insure the work for 65% of the retail price shown in the record of the consignment.
  • 12. COPYRIGHT: UMVA shall take all steps necessary to ensure that the artist’s copyright in the consigned work is projected, including but not limited to requiring copyright notices on all reproductions of the work used for any purpose whatsoever.
  • 13. ASSIGNEMT: This agreement shall not be assignable by either party hereto, provided, however, that the artist shall have the right to assign money due him or her hereunder.
  • 14. The artist gives permission to UMVA, for the use of his or her art’s image for the sole purpose of advertising, marketing, brochures, catalogs, books, commercials, rack cards, and such. UMVA has the permission of the artist to continue to use said images for the sole purpose of advertising, after UMVA relationship has ceased.
  • 15. OMISSION: The artist holds harmless UMVA for any omission, errors and/or misrepresentations of the artist and their work.
  • 16. ARBITRATION: All disputes arising under this agreement shall be submitted to binding arbitration and the arbitration award may be entered for judgement in the Ugandan Court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum of less than 500,000 UGX or BIF.
  • 17. MODIFICATIONS: All modifications of this agreement must be in writing and signed by the both parties. This agreement constitutes the entire understanding between the parties hereto.
  • 18. GOVERNING LAW: This agreement shall be governed by the laws of the Republic of Uganda. In witness whereof, the parties hereto have executed this agreement on the day and year above set forth.
I agree to the terms listed above by either signature of the document or by accepting the terms electronically.
Artist Signature and Date

UMVA ARTWORK RENTAL AGREEMENT

This artwork rental Agreement (“Agreement”) is made and entered into this ________ day of ____________________, 20 ____, by and between UMVA Kreatives. (“UMVA”) and ________________ (“Customer”).

  • 1. ARTWORK RENTAL: Customer hereby agrees to Rent from UMVA the artwork identified in the attached sales order/invoice which serves as Addendum A (the “Rented Artwork”), and as consideration therefore, Customer agrees to pay the rental fees in the amounts and within the time frames set forth on Addendum A. Customer and UMVA agree that this Agreement shall apply to all artwork rented by Customer from UMVA and that UMVA may, from time to time, modify, supplement and amend Addendum A to reflect the rental or return of artwork by the Customer under this Agreement.
  • 2. TITLE TO ARTWORK: Title to the Artwork shall remain at all times with UMVA. No title or right to the Rented Artwork shall pass to the Customer, except the rights herein expressly granted.
  • 3. MAINTENANCE AND ALTERATIONS: Customer shall keep the Rented Artwork in the same condition as originally conveyed by UMVA to Customer, in a safe environment, and shall only use the Artwork for its intended purpose.
  • 4. TERMS AND TERMINATION OF AGREEMENT: This Agreement shall continue in full force and effect until: (a) TERMINATION: The Rented Artwork is returned by Customer to UMVA and all amounts due hereunder have been paid. At any point after the initial 90-day Renting period, Customer may terminate this Agreement. Customer has 5 business days to inform UMVA of its intent to terminate Agreement in writing and return Rented Artwork in its original condition to Company. If Customer does not meet the 5 business day deadline, UMVA will charge the Customer the appropriate Rental rate for an additional month. Company does not issue prorated refunds or credits for any Rented Artwork. (b) PURCHASED: the Rented Artwork is purchased by Customer for purchase price. At any time during this Agreement, Customer may purchase any individual Rented Artwork pay 100% of all Rent payments for that specific piece of artwork being purchased will be applied to the purchase order for that individual piece. (c) EXCHANGED: the Rented Artwork is returned by Customer to UMVA in exchange for different Rented Artwork. At any point after the initial 90-day Renting period, Customer may return existing Rented Artwork for different Rented Artwork. This Agreement will be terminated upon the return of Rented Artwork and a new Agreement will be contracted.
  • 5. SECURITY DEPOSITS: Customer’s credit card, PayPal, UMVA Account will be charged a security deposit in the amount of 500,000 UGX / BIF before taking possession of the Rented Artwork. Customer must keep a credited and valid credit card, PayPal, UMVA Account on file during the term of the Rent with UMVA. Customer’s credit card, PayPal, UMVA Account will not be charged purchase price unless Rented Artwork is damaged or lost.
  • 6. LIABILITY: During the term of this Agreement, Customer shall be solely responsible for any damage or loss to the Rented Artwork. Customer hereby assumes and shall bear the entirerisk of loss for theft, damage, destruction or other injury to the Rented Artwork from any and every cause whatsoever. No such damage or loss shall impair any obligation of Customer under this Agreement, which shall continue in full force and effect. In the event of loos or damage to of the Rented Artwork (or any component thereof), Customer shall pay the total of the unpaid Rental payments for the entire Agreement term plus the purchase price of the Rented Artwork prior to such damage or loss, in which case this Agreement shall terminate except for any Customer duties, as of the date such payment is received by UMVA.
  • 7. REQUIRED CREDIT CARD, PAYPAL, UMVA ACCOUNT INFORMATION TERMS: A valid credit card, PayPal, UMVA Account (provided below) is required for the Rental and other charges contemplated by this Agreement (including payment for the Rented Artwork in the event of damage or loss as provided in this Agreement). Customer hereby authorizes the UMVA to charge the credit card, PayPal, UMVA Account provided below to pay for the charges covered by this Agreement. Customer will pay in full the first 90 days of the rental before taking possession of Rented Artwork. After 90 days, if Customer notifies UMVA of their intent to continue the Rent for an additional 90 days (at the same terms as the original 90 days); or on a month-to-month basis at 5% of retail value for all artwork types, UMVA will charge Customer’s credit card, PayPal, UMVA Account on the first day of the month of the continuing Rental for all Rented Artwork in the amount respective to the Rental period. UMVA reserves the right to charge Customer’s credit card, PayPal, UMVA Account for all other charges contemplated by this Agreement. Customer hereby certifies that the information provided below is true and correct as of the date given and will remain true and correct throughout the term of this Agreement. Customer agrees to promptly update the information below in the event it changes.
    • i) Credit Card Number: ______________________________________________________
      Expiration Date: ________________
      Security Code: _______ (3 digits on back of card)
      Name as it appears on Credit Card: __________________________________________
      Card Type: [ ] MasterCard [ ] VISA [ ] American Express
    • ii) PayPal Payment Details:
      First Name
      Last Name
      Email Address
    • iii) UMVA Account Details
      First Name
      Last Name
      UMVA Account number
  • 8. RECAL OF THE RENTAL ARTWORK: Occasionally, Rented Artwork (only originals), may be recalled by UMVA because of a sale. UMVA will, at its own expense, retrieve Rented Artwork from Customer and replace Rented Artwork with other artwork that is mutually acceptable to Customer and UMVA to fulfill the terms of the Rental or Customer will receive a full credit for all Rental payments made on the recalled Rented Artwork.
  • 9. DEFAULT: If the Customer defaults in any performance required herein for a period of 30 days, then (i) this Agreement may be terminated by UMVA, (ii) UMVA shall have the right to recall any Rental Artwork, at the Customers cost, and (iii) UMVA shall be entitled to pursue any other remedies available to it at law and in equity.
  • 10. NO WAIVER: Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict conformance with the terms of this Agreement.
  • 11. NON-PAYMENT. In the event legal action is necessary to enforce the payment terms of this Agreement, UMVA shall be entitled to collect from the Customer any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by UMVA for such collection action and, in addition, the reasonable value of the expenses spent for such collection action, as governed by the laws of Uganda and Burundi.
  • 12. WARRANTIES: UMVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY, DURABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, MERCHANTABILITY OR INTENDED USE. IN NO EVENT SHALL UMVA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS, RESULTING FROM ANY FAILURE OF THE PERFORMANCE BY UMVA.
  • 13. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and shall be construed under and in accordance with the laws of Uganda and Burundi. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

CUSTOMER UMVA

____________________

Customer Name Representative

____________________

Signature

____________________

Date

UMVA KREATIVES

____________________

Representative

____________________

Title

____________________

Date