Terms and Conditions applicable to a seller of goods using Art Prism
These terms and conditions are the contract between you and Art Prism ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.
Art Prism is a trade name of New Age Web Solutions private Ltd., company number 10335455 incorporated in England whose registered office is at 99,Plains Road,Nottingham NG3 5QT
means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.
means any website of ours, and includes all web pages controlled by us.
means place on or into Our Website any Content or material of any sort by any means.
means any artwork offered for sale by you on Our Website
means all of the services available from Our Website, whether free or charged.
The relationship between us is solely that:
- In consideration of a fee charged by us, we provide for you an Internet market place as an arm's length contractor.
- We act as your agent solely in the collection of money paid by your buyer.
- We are not partners or joint ventures.
- If you place a Product for sale on Our Website, you do so subject to these terms.
- When you place a Product on Our Website, you will be bound to provide all the information required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- We have no contractual relationship with customers in respect of sales of your artworks on our website.
- Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or site visitor has a valid complaint against you.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
- Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.
2.The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations")
- You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Regulations.
- Because we are not your agents except to market your Products and take payment, all your obligations under the Regulations must be fulfilled by you. That means the information you provide to us by entry or upload into Our Website must be clear, sufficient and complete, to comply with the Regulations.
- We will also provide regulatory information relating to returns and cancellation. We expect you to comply with those terms unless the Product you sell, or your business model, requires different terms. The terms on Our Website will be communicated only as information to the buyer and not as contract terms.
- Because every reference to an artwork of yours, if bought by consumer enters into a buying contract with you ,you agree that no content on your website will contradict content you place on Our Website
3.Your Product placement
You agree that you will:
- Only place one of a kind original artworks or limited edition prints(limit to 150 prints only) to your Art Prism store.
- Immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply or is sold through any other channel.
- Not re-place any Product we remove from offer for sale.
- You will be responsible to make sure that all listings submitted to the site are accurate, complete and comply with our listing guidelines.
- Where inaccurate specifications or materially misleading images are submitted as part of the artwork listings from which any artwork sale is made, Art Prism reserves the right to debit any costs associated with resulting return requests from your Art Prism account balance.
- *Please note that Art Prism will review all artworks submitted to ensure the quality of art remains consistent on our website. We will consider each artwork on a case by case basis, and you acknowledge that the decision of Art Prism on whether or not to accept any artwork listing is final and shall be exercised at our sole discretion.
4.The selling procedure
- Art Prism is not responsible for the fulfilment of your contract to sell a Product.
- You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service provider.
- Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.All Products may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased.
- Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer's conditions on Our Website at any time.
- Once a sale is made, we shall notify you by a text and an email providing full information necessary for the despatch of your artwork. You will also be able to view your outstanding and completed orders in your account details section on our website .
- We shall send you a message by email at the time of each sale, providing full information about that sale and customer’s address for delivery.
- You must research the reasonable and accurate shipping charges and your preferred carrier before you list your artworks.
- Deliveries of hard copy and physical artworks will be made from your premises, by a fully insured and traceable carrier service.
- It is not Art Prism’s responsibility to bear the losses incurred as a result of inaccurately quoted shipping rates under your
- The artwork must be shipped within the turnover time as specified by you under the artwork shipping details.
- For international shipments, all duty and import taxes if applicable must be covered by the seller.
- You must, print the Packing List and Certificate Of Authenticity,fill them and include them along with the invoice of your shipment.
- All the paperwork accompanying the shipment must be complete, accurate and truthful.
- You will notify Art Prism by updating your shipping details on the date of sending, that the product has been despatched and tracking details.
- If at any time, any customer notifies us of non-delivery within the time scale offered by you on Our Website, we will contact you, you will investigate immediately and tell us that you are doing so, what you are doing, and when you expect to be able to deliver the Product.
- In the absence of information to the contrary, you agree to despatch a Product within seven days of notification of order by us, by a method likely to reach the buyer within the delivery lead-time quoted by you under product shipping details.
- If it is apparent that a customer has not received a Product within 14 days of the expected delivery date, we will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
You agree that you will at all times:
- Reply promptly and in any event within 48 hours to us in case there is any ’ issue reported’/’query raised’ to us by the customer relating to your product or any other correspondence;
- Comply with the law relating to all aspects of the contract between you and your customer, relating in particular your obligations to provide full information and accept cancellation and returns.
- In the event that a Product ordered is not available or sold elsewhere, you will immediately update it on Art Prism as sold.
- Comply with Art Prism procedures relating to satisfaction of an order and products as set out on Our Website from time to time.
- Please provide information to us in respect of any claim for non-delivery.
7.Value added Tax
We will show and retain the amount of VAT due on our charge for our services in addition to the amount of commission due to us under following circumstances:
-If you are resident in any of European Union countries and not VAT registered.
-If you are UK resident (you can reclaim this charge if you are VAT registered).
- If you are resident in any of the EU countries and VAT registered then we will need a valid EU VAT registration number along with other suitable evidence acceptable by HM revenue and customs body.
- Art Prism has the right to demand additional information about your business so far as it may affect your VAT registration, at anytime, from you or from a governmental authority.
8.Our commission and payment to you
- We sell your Product at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
- Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
- Our Website selling system is an automated system which can be followed by you through a "control panel".
- The proportion of each sale receipt retained by us is as set out in the Commision and fees policy section in our Website.
- If a promotional discount code is offered by us, the discount will be deducted from the price of the artwork and the usual 80/20 split will then be calculated.
- Our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Product in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
- We will pay you through internet within 21 days of confirmed receipt of product by the customer.
- Art Prism is entitled to withhold your Supplier Revenue Share for any given Sale if there is, or in Art Prism’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 Art Prism’s reasonable satisfaction.
- There will be a surcharge of 3% as a transaction fee applicable on total artwork price inclusive of shipping. This will be deducted from your revenue.
- The invoices raised by Art Prism against each product sold, can be viewed under payment section of your Orders.
- We will send you an invoice for our charges via email.
- If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
- If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
- If we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
- If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
9.Advertising your Product
- By becoming a supplier to Art Prism you grant us permission to use your artwork pictures/videos and content on the website and in any marketing materials, advertising campaigns, social media, on other websites at any time.
- We may use the services of a specialist Internet marketing business associated with Art Prism.
- We give no guarantee as to the success of any advertising placed.
- We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.
10.Your Product warranties
You warrant that any artwork you place on Our Website for sale:
- is original, you are the sole and exclusive owner of your artwork, is free of any copyright restrictions or intellectual property disputes.
- Is not obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
- does not offend against the law of any country whose citizens might purchase it;
- is not intended primarily to advertise any business, except your business.
- You warrant that you own the copyright of any Content and listing you place on Our Website for sale: i)to enter or upload that Content ii)is not offered for sale at a price lower than the price you are offering through us.
11.How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
- You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
12.Restrictions on what you may Post to Our Website
- We invite you to Post Content to Our Website for marketing your products and services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.
- We do not undertake to moderate or check any item Posted.
- You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
-be obscene, offensive, threatening, violent, malicious or defamatory;
-be sexually explicit or pornographic;
-be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
-use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
13.Your Posting: restricted content
- In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
- In addition to the restrictions set out above, a Posting must not contain:
-hyperlinks, other than those specifically authorised by us, as explained on Our Website;
-keywords or words repeated, which are irrelevant to the Content Posted.
-the name, logo or trademark of any organisation other than yours.
-inaccurate, false, or misleading information;
14.Security of Our Website
- If you violate Our Website we shall take legal action against you.
- You now agree that you will not, and will not allow any other person to:
-modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
-link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
-download any part of Our Website, without our express written consent;
-collect or use any product listings, descriptions, or prices;
-collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
-aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
-share with a third party any login credentials to Our Website;
15.Copyright and other intellectual property right
- All content on Our Website, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
- You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
- For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
16.Interruption to the Service
- We give no warranty that the Service will be satisfactory to you.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
- You acknowledge that our Service may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
- We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
- We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
- Our Website and Services are provided "as is". As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
-as to fitness of Our Website and Service for a particular purpose;
-as to availability and accessibility, without interruption, or without error;
-any obligation, liability, or remedy in tort whether or not arising from our negligence.
18.Your indemnity to us
You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
- a claim by any person in respect of any Product;
- protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
- any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
- the deletion or amendment of any text or other content you have placed on Our Website;
- any payment we make on an ex gratia basis, arising from a contract between you and a buyer;
- legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
- our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.
- You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
- So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- For the purposes of the Data Protection Act 1998 you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
- If you are in breach of any term of this agreement, we may:
-publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
-terminate your account and refuse access to Our Website;
-Remove or edit Content, or cancel any order at our discretion.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
- Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
- We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
- In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.