Dispute Resolution Procedure

  1. Objective
  2. Applicability
  3. General Principles
  4. Dispute Resolution Steps
  5. Disputes with Mironova Art
  6. Platform's Discretion and Legal Reporting
  7. Confidentiality
  8. Governing Law

I. Objective

The Dispute Resolution Procedure within the Mironova Art Platform aims to facilitate fair, transparent, and lawful conflict resolution among Creators, Dealers, Clients, and the Platform. It emphasizes adherence to laws and platform policies throughout all engagements.

These Dispute Resolution Procedure and any operating rules and policies posted on the Platform, including Mironova Art Terms and Conditions, Creator's Terms of Use, Dealer's Terms of Use, Conditions of Sale, Shipping Policy, Return and Refund Policy, Privacy Policy, Content Guidelines constitute the entire legally binding agreement and understanding between us and our users, governing your access to and use of Platform (“Agreement”).

II. Applicability

This Dispute Resolution Procedure is binding for all users of the Mironova Art Platform and the Platform itself. All parties must comply with laws and Platform policies at all times, irrespective of disputes.

III. General Principles

The following general principles apply:

a. Compliance with Policies and Laws: All parties involved in disputes must strictly adhere to all Platform's relevant policies and applicable laws or regulations at all times, not solely during dispute resolution procedures.

b. Resolution Procedure Initiation: The initiation of the resolution procedure commences when any party involved in the dispute or the initiator thereof formally communicates their claims to Mironova Art via email dispute@mironova.art.

c. Management's Review and Decision: Upon receipt of the dispute notification, the management of Mironova Art shall review the case, mediate, arbitrate if necessary, and provide the final decision unless the situation's severity requires immediate reporting to government authorities.

IV. Dispute Resolution Steps

The procedure includes the following steps:

a. Initiation of Dispute Resolution — Claim Explanation: The involved party or dispute initiator writes an email to Mironova Art, providing a detailed explanation of their claims or grievances.

b. Management's Review — Evaluation: Mironova Art management evaluates the provided claims and conducts an initial assessment of the situation's severity and complexity.

c. Mediation — Mediation Process: If applicable, the platform initiates mediation sessions between the conflicting parties to facilitate discussion and agreement.

d. Arbitration — Arbitration Proceedings: If mediation fails, arbitration takes place, involving neutral third-party arbitration services.

e. Final Decision — Platform's Final Decision: The Mironova Art Platform management delivers the final decision based on the gathered information, mediation outcomes, and arbitration results.

V. Disputes with Mironova Art

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the Platform, content, our services, results of our services, or these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with the Mironova Art team following the principles of good faith and cooperation.

If we cannot reach a consensus through negotiations, the dispute shall be settled exclusively in the national courts of Estonia, subject to its jurisdiction rules, with the applicable substantive law of Estonia.

All claims shall be brought within one (1) year after the claim arises, except to the extent that a more extended period is required by applicable law.

You can also try to settle the dispute out of court using an alternative dispute resolution procedure and submit your complaint online via the online dispute resolution (ODR) platform.

VI. Platform's Discretion and Legal Reporting

  • Platform's Judgment Authority: The Mironova Art Platform retains the authority to adjudicate and provide the final resolution unless legal severity necessitates immediate reporting to law enforcement.
  • Compromise: Mironova Art always promotes the peaceful settlement of all disputes. The Platform believes that regardless of the type or complexity of the dispute, all parties involved can and will find a compromise. All parties agree to exert every effort to avoid involving law enforcement in the resolution of such disputes.

VII. Confidentiality

All information shared during the dispute resolution process remains strictly confidential unless required by law or judicial authorities.

VIII. Governing Law

These dispute resolution procedures are governed by the laws of the European Union and Estonia, and any disputes shall be resolved accordingly.