SELLER TERMS AND CONDITIONS
Who is ArtBaazar.com?
ArtBaazar.com is owned and operated by Black Sheep Creative Limited, Registered Number 611614, incorporated in the Republic of Ireland, with our registered office at 24 Baggot Street Lower, Dublin 2, Ireland.
By which laws are these Terms governed?
These Terms are governed by the laws of the Republic of Ireland and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland with respect to your relationship with ArtBaazar.com. It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the site.
1.1 What are these Terms about?
Artbaazar’s main purpose is the provision of an online art marketplace / gallery displaying original Artworks for sale. These Terms and Conditions (together with the policies expressly referred to within) tell you information about ArtBaazar and the legal terms and conditions under which Artworks may be displayed by you on the ArtBaazar.com website. These Terms will apply to any contract for the sale of Artworks by you. When you display Artworks for Sale on our site you will be selling these directly to a Customer.
1.2 How can you get in contact?
If you have any questions, concerns or complaints, you can email ArtBaazar at info@ArtBaazar.com, or use the website’s ‘Get in Touch’ page or write to us at Black Sheep Creative Ltd, 24 Baggot Street Lower, Dublin 2, Ireland.
1.3 What definitions will be used in these Terms?
Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:
1.4 To whom do these Terms apply?
These Terms form an agreement between you and ArtBaazar. By using this website, submitting and displaying Artworks for sale and making sales through ArtBaazar you agree to become a Supplier and abide by these Terms. ArtBaazar is not directly involved in the transaction of sale between you and a consumer introduced to you through the Site, save in respect of receiving payment from consumers, facilitating the shipping process and remitting to you your Seller Commission for completed sales. ArtBaazar has no contractual relationship with consumers in respect of sales of your Artworks on the ArtBaazar website.
1.5 Are there any other policies or terms you should read?
The below is a list from which you can access all documents and policies referred to in these terms, which should be read carefully –
Please note that your general use of the site as a visitor and buyer is additionally governed by ArtBaazar.com’s Terms and Conditions of Use. ArtBaazar reserves the right to alter these Terms or other site policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this site.
2.1 What requirements must you meet to be eligible to sell on the Site?
To become a Supplier on the ArtBaazar website you must be over 18 years of age. By accepting these Terms you represent and warrant that you are at least 18 years of age. You additionally warrant that all information you provide to ArtBaazar, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.
2.2 Must you be the creator of the Artworks you upload?
Yes. By accepting these terms and through use of our website you confirm that you are the creator and exclusive owner of all Artworks you display on ArtBaazar. You additionally confirm and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of your Artworks on the Site.
2.3 What restrictions apply to the Artworks you may sell on the ArtBaazar website?
All Artworks represented for sale on ArtBaazar.com must be one-of-a-kind or limited edition original artworks with a maximum edition size of 200. All Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator. All prints sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each print must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
2.4 What restrictions apply to the Content you may upload to the ArtBaazar website?
You acknowledge and agree that you are solely responsible for all Artwork Content you upload to ArtBaazar. ArtBaazar reserves the right to remove any Content or Artwork Listings from the website at any time in its sole discretion. You may not submit Artwork Content or any other materials which ArtBaazar reasonably believes to be:
2.5 How and when are ArtBaazar permitted to use your content?
By registering and becoming a Supplier and submitting Artwork Content you grant ArtBaazar a worldwide, non-exclusive, royalty-free, sub-licensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Site, Platform and third party sites and platforms) in any media now known or not currently known. This right and license is solely for the purpose of enabling ArtBaazar to use your content for the promotion of the ArtBaazar platform. ArtBaazar do not claim, and so may not violate, ownership rights in your Artwork Content. You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Seller Commission, payable only upon the sale and safe delivery of an Artwork through the ArtBaazar website.
3.1 Are you responsible for inaccuracies in your Artwork Listings?
It is your responsibility to ensure that all Listings submitted to the site represent the Artwork(s) offered for sale therein to the highest degree of accuracy possible. Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Artwork Sale is made, ArtBaazar reserves the right to debit any costs associated with resulting customer return requests from your ArtBaazar account balance.
3.2 Are there any restrictions in place on how you may price your Artworks?
The price stated in each of your Artwork Listings must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly. Where a customer introduced to you through the ArtBaazar website locates your artwork offered for sale at a lower price either directly by yourself or by an authorised consignee, ArtBaazar reserves the right to amend the price of the artwork on ArtBaazar, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Seller Commission for any resulting Sales in accordance with this amended price.
4.1 Are you responsible for fulfilling orders placed for Artworks you upload for sale?
Artbaazar.com provide support to suppliers when it comes to the fulfillment of orders for their work through our online art marketplace. We arrange the collection and delivery of your artworks through a chosen shipping agent / courier.
4.2 What are your obligations when it comes to the shipping and delivery of goods sold through our website?
You are required to have any artwork that has been sold, through our site, ready for collection by the designated delivery / shipping agent within 5 days, or sooner, of confirmation of the sale of the artwork. It is your sole responsibility to arrange for the safe and secure packaging of your Artworks for delivery to any Customers introduced to you through the ArtBaazar website. If these requirements are not met, ArtBaazar reserves the right to debit any costs associated with resulting customer return or cancellation requests from your ArtBaazar account balance. It is your responsibility to comply with all local tax regulations with respect to any sales completed on the ArtBaazar site.
5.1 How will you be notified of orders placed for your Artworks through ArtBaazar?
When an order has been placed for one of your Artworks you will receive a confirmation notice email to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer.
5.2 How and when do ArtBaazar collect payment from Customers for orders placed for my Artworks?
You will only receive an order confirmation email once the Customer in question has successfully submitted full payment for settlement. Payment is held securely by ArtBaazar in a designated account until confirmation of delivery and expiration of ArtBaazar’s returns period as stipulated in ArtBaazar’s current Refunds Policy.
5.3 When will ArtBaazar transfer your revenues for Artworks you have sold to consumers through the ArtBaazar website?
Your Seller Commission, defined later in this document, will be transferred to you via our nominated payment mechanism on expiration of ArtBaazar’s returns period, subject to any required administrative and clearance period. ArtBaazar are entitled to withhold your Seller Commission for any given Sale if there is, or in ArtBaazar’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to ArtBaazar’s reasonable satisfaction.
6.1 Are you obliged to accept requests for the return and refund of your Artworks ordered through the ArtBaazar website?
By creating Artwork Listings on ArtBaazar, you agree to offer ArtBaazar’s current site-wide Refunds Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed, investigated and confirmed by ArtBaazar. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through ArtBaazar, as well as a further confirmation email once a collection date and shipping service has been arranged.
6.2 Who is liable for the cost of return shipment of Artworks under ArtBaazar’s return policy?
You, the buyer will be responsible for paying for the return of your artworks by a reputable shipping / delivery agent to your nominated returns address of any Artworks returned under ArtBaazar’s Refunds Policy, where the stated reason for the return is that the Customer deemed the works to be either damaged or presented under a false description. ArtBaazar reserves the right to investigate, and to debit any delivery / return costs from the buyers account if their reason for returning the goods is simply that they no longer want to purchase your artwork. ArtBaazar will credit your account with any payments due, in as efficient a manner as possible pending resolution of the investigation, with respect to the order in question.
6.3 Who is liable for the cost of damage in transit to Artworks ordered through the ArtBaazar website?
ArtBaazar will accept no liability for damage to Artworks in transit from you to the Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently and by handing over your artworks to the designated shipping agent / courier you are acknowledging that the shipped goods are undamaged and as described through our website. You acknowledge that any postage, delivery or shipping guidance provided by ArtBaazar in the form of ‘how to’ articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure transit insurance for any Artwork before shipping / delivering it, you do so solely at your own risk.
6.4 Who is liable for the cost of Artworks ordered through the ArtBaazar website lost in transit?
Although supporting the sales process by arranging for shipping / delivery on your behalf, ArtBaazar will accept no liability for Artworks damaged or lost in transit on their way to the Customer. If you decide to use another form of delivery / shipping outside that recommended by Artbaazar you do so at your own risk and ArtBaazar reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated time-frame.
7.1 How much revenue will you receive from sales completed through the ArtBaazar website?
ArtBaazar pays its sellers 70% of the sale price provided by suppliers when submitting their artwork. Artbaazar takes commission on a percentage basis for sales completed through the ArtBaazar platform, as defined in our Sellers Commission Policy in Clause 7.2, which is subject to change and incorporated into these Terms by reference. In the event of any change to the Seller Commission Policy, ArtBaazar will provide you with at least 14 days’ notice by posting the changes on the site. Your Seller Commission for any given order is the total sale price paid by the Customer less the total commission due to Artbaazar, fees and taxes due on the order as defined in our Seller Commission Policy. Unless otherwise expressly agreed by you, any site-wide discounts and promotions offered to customers on the ArtBaazar platform will be absorbed by ArtBaazar in full and not affect in any way your Supplier Commission. The only exception to this are artist-generated discount codes generated by artists themselves.
7.2 How much do Artbaazar charge in commission on completed sales? ArtBaazar is entitled to take a 30% Commission, on the sale price provided by you during submission of your artwork, for any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the ArtBaazar website. Any attempts to complete sales or any other monetary transactions initiated on the ArtBaazar website outside of the ArtBaazar platform are strictly prohibited, and will result in the suspension or removal of your account. In any case where ArtBaazar reasonably believes a sale or monetary transaction initiated on the ArtBaazar website to have been completed outside of the ArtBaazar platform, ArtBaazar reserves the right to debit ArtBaazar’s commission from your account accordingly.
8.1 Are there any upfront fees charged on opening an account on ArtBaazar?
You may submit Artworks for listing on ArtBaazar.com free of charge. When your artwork is sold to a Customer introduced to you through ArtBaazar, ArtBaazar is entitled to charge the commission and fees laid out in the Seller Commission Policy.
8.2 How will revenues for orders of your Artworks be transferred to you?
Your Seller Commission will be transferred to you by your preferred payment method as nominated by you in the next available qualifying pay run. It is your responsibility to ensure that a valid and up to date payment method is specified by you. Your Seller Commission for any given order will not be transferred until these requirements have been satisfied with respect to that order.
9.1 Under what conditions may this agreement be terminated?
ArtBaazar may, in its sole discretion, terminate this agreement, access to the Site or Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.
9.2 How can you cancel your ArtBaazar account?
You may request deletion of your ArtBaazar Account by emailing email@example.com. On receiving notice of your cancellation request, we will endeavour to remove your listings from the ArtBaazar website within 2 working days.
10.1 Website Usage
In no event will ArtBaazar be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this site. We make no warranty that this site or the server that makes it available is free of viruses or bugs. Throughout the ArtBaazar website, you may find links to third party websites. Please note that ArtBaazar is not responsible for the privacy policies or content of third party sites.
10.2 User Data
ArtBaazar is a platform and provides an online marketplace and gallery only. The Site and Platform are provided on an “as is” basis. ArtBaazar makes no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law. ArtBaazar shall not be liable for any damages of any kind including without limitiation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Site and Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law. Without limiting the foregoing, ArtBaazar’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Site or Platform. You hereby indemnify ArtBaazar and keep ArtBaazar and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of ArtBaazar), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Site and Platform.
These Terms do not create any right enforceable by any person who is not a party to them. Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms. These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.