Terms & Conditions for Artists Displaying & Selling their works through www.Aartsy.com. By registering and placing your artworks for sale on www.Aartsy.com ("the Website") you acknowledge that you are bound by the terms and conditions listed below:
Registration & Membership: Aartsy while requiring pre-registration of the artist with the website, also reserves the right to accept/ reject any artworks of the artist. Aartsy is a service provider to artists to sell their artworks to collectors directly. It does not take responsibility or give any guarantee or assurance for the sale of any artworks posted by the artist on this website.
Sale of Artworks: Placing your works for sale on www.Aartsy.com constitutes an irrevocable acceptance of these terms & conditions. The contract of sale is between Aartsy (acting as the agent of the buyer) and the artist. The artist will be informed of the sale of his/her artwork by email or SMS. Unless rescinded/cancelled by Aartsy within 10 working days of the buyer placing the order on account of a default of payment by the buyer, such acceptance results in an enforceable contract of sale.
Accuracy of Details: The artist is responsible for the accuracy of the details of the artworks, the dimensions, the medium & surface, the image quality and its similarity to the original piece of work. In case of a complaint by the collector, Aartsy will refund the money to the collector, and ask the collector to return the artwork to the artist. At the time of placing the artwork for sale on our website the artist will state the condition in which the artwork will be shipped - rolled or framed or stretched, and in the event of a sale, courier the artwork in the same condition.
Exclusivity of Artworks: Aartsy.com does not bind the artist to an exclusivity contract. However, an artist registered with us cannot post the same artworks on other online platforms. The artist can put other works from their collection on other online sites/ platforms. Failure to conform to this may result in cancellation of membership of the artist on Aartsy.com.
Pricing: The artists will upload artworks at their convenience and quote a sale price as per their expectations. The listed price should account for all shipping, handling and Aartsy commission charges borne by the artist. Under no circumstances will the price be revised upwards once the contract of sale has been executed. Also, under no circumstances will the prices quoted by the artist on Aartsy.com be higher than those quoted on other online/ offline platforms.
Shipping: Once an order is placed on Aartsy, the artist is required to courier the artwork within 3 working days of Aartsy informing the artist of the same by email or SMS. All shipping/courier charges to Aartsy hub will be borne by the artist. The paintings that are unframed & unmounted should be shipped in a rolled format & in protective cylinders. For the paintings that are shipped with glass frames, utmost care should be taken while packing and crating. The artist is responsible to maintaining a high standard of packing and shipping the artwork such that the buyer receives it in undamaged condition and is satisfied by the service. The artist must use only reputed courier services to deliver artworks to the Aartsy Hub.
Default on Orders Placed: In the event that the Artist no longer has the artwork in his possession, or is unwilling to execute the sale, or has furnished wrong details about the artwork which gets revealed post the confirmation of a sale, Aartsy reserves the right to cancel the artist’s membership to this service. Alternately, and without prejudice to the foregoing, Aartsy may, at its absolute discretion, seek to commence legal proceedings to ensure execution of the contract of sale.
Amount Receivable: The artist will pay a service commission of 30% of List Price to Aartsy on sales through Aartsy. The amount receivable by the artist will be the listed price given by the artist less the Aartsy commission. For digital prints, the artist will receive 40% of the listed price of the print. Aartsy will retain 60% of the listed price to pay for printing, packing and shipping of the prints.
Overseas Sales: The listed price in dollars will automatically calculated based on the exchange rate. Overseas shipping to buyers will be undertaken by the Aartsy Hub.
Authenticity: The artist is completely liable for the authenticity of the artworks and must take a colored print out of the authenticity certificate generated by the system on good quality paper, in the prescribed format, sign it and enclose the certificate with the artwork at the time of shipping in an envelope
Invoicing: Aartsy will generate a computer generated order confirmation to the buyer. The artist will receive the payment from Aartsy within 30 working days of the artwork being received by the collector. Aartsy will also generate a computer generated invoice which the artist has to sign and send to the Aartsy Hub to receive his/her payment.
Returns & Refunds: Artworks received in an unsatisfactory/damaged condition by the buyer may be returned to the Artist in an ’as is’ condition. In such a case Aartsy will refund the payment to the buyer and cancel the order. The cost of shipping the artworks back to the artist by the collector will be borne by the Artist and will be deducted from future payments due to the artist from Aartsy. If an artist repeatedly gets complaints of damage from the collectors, Aartsy may terminate the membership of the artist.
Aartsy reserves the right to terminate the registration of any artist from this portal, if it finds any irregularities in the dealings with the artist, non-compliance with the service standards of Aartsy and a change in the quality or standard of the artworks.
You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate and you agree to furnish all details and information accurately on the artworks and bio data submitted by you on Aartsy.
You authorize Aartsy to exercise complete discretion in (i) the illustration and descriptions of art works for viewing and sale (ii) the use of images, content, interviews and features with you for the purpose of marketing Aartsy and your works and (ii) acceptance or rejection of orders received.
Aartsy is not obligated to provide any prior intimation of sale to the artist or have a discussion between the artist and the buyer because it is a "click and buy" model. Any artwork posted by the artist on www.Aartsy is assumed to be available with the artist for sale, at the price mentioned by the artist and available of being shipped in the shipping condition mentioned by the artist as and when a sale takes place. In case, artist has sold artwork outside Aartsy hub, artist is liable to remove the artwork sold immediately from www.aartsy.com.
The artist warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Aartsy immediately. Aartsy is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Aartsy forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the artist furnishing information to the satisfaction of Aartsy.
Disputes if any would be subject to Delhi, India jurisdiction only.