Seller Terms & Conditions

CONDITIONS FOR DISPLAY AND SALE OF WORKS OF ART THEREOF THROUGH ARTMIKADO

About ArtMikado:

ArtMikado is an electronic platform owned, managed and operated by ArtMikado Private Limited, a company registered in India, where users, register as members to display, sell or purchase original works of art and printed replications of the same online solely through a transaction getaway as provided in its website, as per the terms and conditions for sale and purchase as furnished in the website. The website enables all member artists to set up their own online galleries for display through the website indicating all necessary information about each work of art as displayed through the website. ArtMikado is also a platform for display and sale of printed and / or manually created reproductions of works of art by artists or any other vendors for consideration charged from the vendors of such reproductions of works of art in any form. In this agreement, the expression “ArtMikado” shall mean and represent for all purpose ArtMikado Private Limited.

Conditions of use of the website by the sellers of work of art

[1] If you wish to avail the services provided by ArtMikado through its website for showcasing and sale of any work of art created or owned by you, you must be a registered member of ArtMikado by accepting the terms of use of the website, in the manner as prescribed in the website and upon understanding and accepting in full the terms and conditions, undertakings, warranties and indemnities, disclaimers and privacy policy of ArtMikado Private Limited. By using and / or availing the services of ArtMikado for the purpose of showcasing and selling works of art, you indicate that you have read and understood all the terms and conditions pre-conditional to availing such services of ArtMikado by you and you agree to and undertake to abide by such services for the entire period of showcasing of the work of art created and / or owned by you and also for the entire period for completion of each transaction pertaining to sale of any work of art created and / or owned by you.

[2] It is warranted that any work of art uploaded by you in the web gallery of ArtMikado is either your own creation and / or is lawfully owned by you; and in case of any dispute pertaining to ownership right / copyright over any work of art uploaded by you in the website of ArtMikado, you shall keep Artmikado indemnified and protected from any harm for all times to come in respect of such disputes and the results or consequences arising out of such disputes.

[3] It is understood and agreed by you that ArtMikado showcases the visual image / representation of works of art uploaded in the ArtMikado website for the purpose of sale and you shall not decline to sale a particular work of art uploaded by you once the buyer’s order and the payment of the agreed price of such work of art are received and accepted by ArtMikado, save and except when such work of art is notified in the website to have already been sold. The agreed price shall be the price of the artwork as stipulated at the time of receipt of offer from the buyer for purchasing such work of art. It is also agreed and understood by you that while uploading a visual image / representation of a work of art, you shall also quote and manifest the price of such work of art for which such work of art is offered for sale by you and such price shall not be changed by you after uploading such work of art without prior recorded approval from ArtMikado in this regard.

[4] By uploading a work of art in the website of ArtMikado, you agree that the sale-proceeds received through sale of any work of art showcased by you in the website, shall be shared by you and ArtMikado in the ratio of 70:30, after necessary tax deductions. It is understood and agreed by you that the agreed price shall include commission of ArtMikado @ 30% of such agreed price.

[5] It is understood and agreed by you that by uploading the visual image / representation of a work of art in the website of ArtMikado, you shall not upload the same in any other e-commerce site or non-profit seeking web portal.

[6] It is understood and agreed by you that you shall not directly sell any work of art which is already showcased in the website of ArtMikado, without prior written approval of ArtMikado; and in case of such sale, ArtMikado shall have its right to claim and appropriate its commission on the displayed price of such work of art in the website of ArtMikado.

[7] By uploading and showcasing the visual representation of a work of art in the website of ArtMikado, you agree and undertake not to sale or part with such work of art in any manner and form whatsoever, to any member of ArtMikado website, excepting through the website portal of ArtMikado following the terms and conditions herein; and in the event of breach or violation of your undertaking as contemplated in the instant clause, you shall be liable to pay damages and compensation which shall be quantified solely by ArtMikado and which shall be final and binding on you. For such breach, ArtMikado shall have the right to terminate your membership with ArtmIkado and disqualify you from showcasing any work of art at its website.

[8] It is understood, agreed and warranted by you that the visual representation any work of art uploaded and showcased by you in the website of ArtMikado is a true, correct and genuine visual representation of such original work of art; and that the information furnished by you in the website of ArtMikado about such uploaded and showcased work of art are true, genuine and correct.

[9] It is understood and agreed by you that ArtMikado does not subscribe to or endorse any expression or view, be it social, political, cultural or religious, which may be reflected or can be interpreted by any person viewing such work of art; and by uploading and showcasing a work of art in the website of ArtMikado, you agree and undertake to keep ArtMikado indemnified for all time, against any dispute and / or legal action or prosecution, which may result from or may be initiated in connection with such work of art and / or idea(s) expressed therein and / or idea(s) which may be interpreted by any person or authority in any manner whatsoever.

[10] By uploading and showcasing a work of art in the website of ArtMikado, you undertake and agree to keep ArtMikado indemnified and un-harmed for all times, against all disputes and consequences thereof, between you and the buyer of such work of art regarding aesthetic value and / or quality of such work of art, intrinsic nature, substance, value and / or quality of materials used in creating and / or adorning such work of art.

[11] By uploading and showcasing a work of art in the website of ArtMikado, you understand and agree that ArtMikado does not guarantee that such showcased work of art shall be sold.

[12] By uploading and showcasing a work of art in the website of ArtMikado, you agree to grant full right to ArtMikado to use the visual representation of the said work of art for adorning the website of ArtMikado and for promotional activities of ArtMikado, for which no fee or royalty shall be payable to you or anyone claiming through you.

[13] By uploading and showcasing a work of art in the website of ArtMikado, you warrant and assure that such work of art is an original creation of yours or of any artist authorizing you to upload and showcase such work of art; and relying on such assurance and warranty with regard to the originality of such work of art, ArtMikado in utmost good faith is allowing you to upload such work of art; and you also agree and undertake to keep ArtMikado indemnified for all times against any action on the ground of plagiarism or piracy, by any third party in respect of such work of art.

[14] By uploading and showcasing a work of art in the website of ArtMikado which is a creation and property of any third party, you assure and warrant that you are uploading and showcasing such work of art and stipulating the price of the same with full permission and authorization of the artist and / or owner of such work of art; and you also agree and undertake to keep ArtMikado indemnified against and un-harmed from any dispute which may arise between you and the artist and / or owner of such work of art including disputes relating to revenue sharing between you and such artist / owner of such work of art; and you also agree that no revenue shall be shared by ArtMikado from its percentage of commission on the agreed sale price of such work of art, with you or with any such third party artist / owner of such work of art.

[15] You agree and undertake to dispatch the work of art within 72 hours from the time of receipt of dispatch request from ArtMikado by email and / or by phone, unless you are prevented from doing so due to circumstances beyond your control.

[16] When you sell a work of art through the website of ArtMikado, you understand and agree that you shall receive the payment after deduction of ArtMikado’s commission and applicable service tax after 30 days and within 45 days from the date of delivery of the consignment to the buyer; and all payment shall be made to you by ArtMikado through transfer of the payable amount to your bank account which you have furnished to ArtMikado.

[17] You agree and undertake to adequately pack the consignment for safe transit of the work of art sold by you and write on the packing the item Code Number of such work of art as mentioned in the website with the visual representation of such work of art. You also agree and undertake to obtain a consignment note from the courier company which will directly collect the work of art from you and preserve and maintain such consignment note and forward a photocopy or electronic copy of the same to ArtMikado.

[18] You agree and undertake to dispatch the item in absolutely sound condition and exactly in the same state and condition as reflected in the visual representation of such work of art as uploaded and showcased in the website of ArtMikado.

[19] You agree and undertake to accept and take back any work of art which is returned or refused by the buyer as per the terms and conditions of sale as furnished in this website. You also agree and undertake to accept and take back any work of art sold by you which is refused or returned by the buyer on account of damage to such work of art; and you shall be compensated for such damage upon receipt of compensation from the courier, if such damage is occasioned during while the consignment is in the custody of the courier.

[20] You agree to sell any work of art by availing services provided by ArtMikado with full knowledge and understanding that in the event of any work of art is damaged during transit, ArtMikado shall not be responsible for the same and you shall have no right to claim damages or compensation for such transit-damage to the work of art dispatched by you for completion of the sale transaction.

[21] It is presumed by ArtMikado that you are uploading the visual representations of the work of art owned by you or under the owner’s authorization, with full knowledge and understanding that ArtMikado shall not be responsible in any manner whatsoever for any comment which a buyer or any other member may make with regard to the aesthetic value, content, subject matter, skill in respect of any work of art; and if any such comment is deemed offensive, you shall be at liberty to take any appropriate action in respect of such comment against the person who may make such comment, without involving ArtMikado into such dispute in any manner whatsover.

[22] It is presumed by ArtMikado that by uploading and showcasing any work of art in the website of ArtMikado for sale, you agree to ArtMikado’s choice of insurer and the terms and conditions of insurance which ArtMikado may, at its sole discretion, obtain for covering the risks involved in the transit of the sold work of art.

[22] By uploading and showcasing any work of art in the website of ArtMikado, you agree that ArtMikado at its sole discretion, may refuse to allow you to upload and / or showcase any uploaded work of art without any prior notice to you.

[23] It is presumed by ArtMikado that you are uploading and showcasing any work of art in the website of ArtMikado for sale, with full knowledge and understanding of the contents and purport of ArtMikado’s terms and conditions for sale as furnished in the website; and upon agreeing to be bound by the same, so far it is applicable in respect of rights, duties and liabilities of the seller.

[24] It is presumed by ArtMikado that you fully understand that the brand-name ArtMikado and the website in the said brand-name are fully owned by ArtMikado Private Ltd.; and that AetMikado Private Ltd. is also represented and understood by its brand-name ArtMikado for the purpose of this agreement and for any other purpose.

[25] It is presumed and warranted that you enter into this agreement with full knowledge that your rights as a seller and your rights as a members of ArtMikado are governed and limited solely and strictly as per the terms and conditions furnished in this website.

[26] You agree that ArtMikado at its sole discretion may amend, modify, alter, supplement any or all clauses of this seller’s agreement at its sole discretion, without consulting you; and all such amendments, modifications or alterations shall be binding on you with retrospective effect unless otherwise provided.

[27] It is presumed and understood by ArtMikado that before proceeding to upload any work of art in the website of ArtMikado, you have fully read, understood and agreed to these terms and conditions and voluntarily subjecting yourself to these terms and conditions which shall be binding on you.

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We’d love to talk art! Call us on +91 9831043504 or drop us a note at info@artmikado.com ©2017 ART MIKADO. All Rights Reserved.

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