Terms and conditions for Seller/Artist/Art collector
In order to list a work on the website, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Artiliving reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Artiliving of any unauthorized use of your Account.
Listing Works on the website
You may submit listings for the following and that you desire to sell through the website and Services:
- Handmade original works of art (painting or sculptures) that you have created
- Replicas/reproductions of artworks (painting or sculptures) provided they are from the open source without any copyright violation.
- Original work of art (Photography)
You may not submit listings for Original Works of Art that were created by another artist and have are copyrighted or protected as any other form of intellectual property.
In order for your listings to be accepted, you must provide Artiliving with all the information requested on the art upload page of our website and you must comply with any other requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Artiliving with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Artiliving’s then-current listings content guidelines, which are available at www.artiliving.com/know-how for artists. Artiliving reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours/days in some cases. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Artiliving reserves the right to promote and market Original Works of Art and/or replicas through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Replicas and the cost of the same will be borne entirely by Artiliving, i.e., the amount agreed to be paid to the artist at the time of listing the artwork will remain unchanged, irrespective of the actual selling price of the artwork. You always retain the right to remove a listing for an Original Work of Art or Replica Work from the website, as detailed herein below.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art and Replicas/reproductions that you make available through the website and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the website and Services, you are the creator of all such Original Works of Art and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Replica Works that you make available through the website and Services, you have all rights, licenses, consents and releases that are necessary to make the replica and sell under these Terms; and (iii) neither the Original Works of Art nor Replicas/reproductions that you make available through the website and Services nor Artiliving’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for Artworks created by you, you hereby appoint Artiliving as an independent non-exclusive agent with the right to sell such Artworks through the website on your behalf, and collect amounts from buyers and remit the same to your bank account after deducting the amount / commission payable to Artiliving, as well as provide the Services (collectively “Online Sales”) and you hereby grant Artiliving a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Artwork Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Artwork in any form, medium or technology now known or later developed for the purpose of promoting Artiliving, the website and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist expected price mentioned at the time of upload, which is payable only upon the sale of the Artwork and 10 days after the buyer receives the artwork subject to non-cancellations/returns/disputes via the Online Sales channel.
As between you and Artiliving, Artiliving will be deemed the seller of the artworks that are purchased via Online Sales channels. However, as between you and Artiliving, these Terms will apply to the sale of such original artwork/replicas.
Artiliving and/or its third party service providers will be responsible for collecting billing amount and shipping information from the purchaser and for processing payment for such purchases via the website and Services.
- You will take the digital print as per the size ordered by the customer and keep it packed as per the guidelines for courier pick up within 2 days of receiving the order. Artiliving shall arrange for the courier pick up and delivery to the purchaser’s address.
- In case of framing required by the customer, the printed & packed photograph has to be sent to Artiliving’s registered address through our courier partner within 2 days of receiving the order excluding the custom orders or special orders with extended delivery timelines. Artiliving shall bear the responsibility of framing the photograph and will deliver the framed photographs to the purchaser’s address.
- You will keep the ordered painting packed as per the guidelines for courier pick up within 2 days of receiving the order (this does not apply to custom orders or special orders with extended delivery timelines). Artiliving shall arrange for the courier pick up and delivery to the purchaser’s address.
- In case of framing required by the customer, the packed painting has to be sent to Artiliving’s registered address within 2 days of receiving the order through our courier partner (this does not apply to custom orders or special orders with extended delivery timelines). Artiliving shall bear the responsibility of framing the painting and will deliver the framed painting to the purchaser’s address.
Sculptures need to be packed as per the guidelines and kept ready for the courier pick up once you receive the order within 2 days for ready sculptures. For custom made or special orders with extended delivery timelines previously mentioned, please inform Artiliving of the acceptable courier pickup date.
You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Artiliving and its preferred shipper/courier partner. In case of any discrepancy, any resulting loss will be charged to your account.
For sale of artworks via the website and Services, subject to Artiliving’s receipt of confirmation of delivery to the purchaser, Artiliving will credit your account with the corresponding percentage of the sale consideration (as agreed to at the time of listing the artwork) following the expiration of the return period, as determined by Artiliving, in its sole discretion.
For sale of artworks via Online Sales channels, Artiliving will credit your account with an amount to be determined in accordance with Artiliving’s then-current standard pricing and commission terms, which you are made aware of at the time of registration and then through email as and when changes are made to the same.
You agree to comply with Artiliving Policies at www.artiliving.com/policy that are applicable to all artworks sold through the website and Services.
Selling through other channels
You have the right to sell the artwork through other channels as well. However, as soon as the artwork is sold through other channels, you have the obligation to remove the artwork listing from our website and inform Artiliving about the same subject to no pending orders for the same artwork on the website. Once an order has been placed on Artiliving for the artwork uploaded on Artiliving, you are under an obligation to fulfill the order.
To remove a listing for an Original Work of Art from the website you must go to your account, click on the listing you want to delete and then click on ‘Delete’ and follow the steps set forth on that page. Also, please inform us about the same at firstname.lastname@example.org