Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
- Seller Registration: A User who wishes to showcase artwork or their profile on the Website shall register with ARTODOME by providing the requisite information/ data on the ARTODOME ARTIST Registration page including details of the seller’s Valid Bank Account. The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The LLP has the right to suspend/ terminate the Registration and the use of the Website by the seller if the LLP discovers or it is brought to the LLP's notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
- Invoicing, Shipping & Product Liabilities: Please note that we are a marketplace platform that provides marketplace services to you. We help Buyers and Sellers connect whereby as Sellers You are selling and/ or promoting to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is Your responsibility. Also any taxation related to sale of Your products like VAT, CST etc is Your responsibility. Also liabilities arising from the use, consumption and/or interaction with Your products/ profile are solely Yours and we will not be responsible for any loss or damage due to Your products/ profile.
- Hold, Suspension and Termination of ARTODOME Seller Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the LLP may suspend and/or terminate the Registration or may put the remittances on hold with respect to such Seller. The LLP may reinstate or activate seller’s Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the LLP and as provided in the User Agreement or the rules and polices made thereunder. Seller Registration is subject to the seller remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
- Know Your Customer (KYC) Documentation: At the time of ARTODOME ARTIST Seller Registration and/or at any time thereafter and/or from time to time as may be required, the LLP may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. 'KYC Documents' shall mean such information, data or documents as may be specified by the LLP from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with ARTODOME Facility or at any subsequent date.
The LLP may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The LLP has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
- Charges Applicable to Sellers: The LLP shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Sellers in accordance with the Facility Charges Policy incorporated herein by reference. The LLP will provide the Seller with an invoice reflecting the facility charges on a monthly basis. If the seller avails of any of the services provided under Logistics by the LLP, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.
The LLP reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The LLP may introduce new services and modify some or all of the existing services offered on the Website. Any such changes shall be effective from the time that the LLP posts the same on the Website.
The Seller will be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The seller shall pay the remit the appropriate charges to the LLP or the LLP will deduct such charges from the Transaction Price to be remitted to the seller. The LLP shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfilment of the Transaction.
The LLP reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
- No Infringement of Intellectual Property of LLP and Third Parties: You must ensure that the artwork/ profile listed do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the LLP indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would You use brand names or trademarks not owned by You unless the item that You are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the LLP including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the LLP or that You have any right to represent the Website or the LLP.
- Appropriate Description in Listing: You shall be responsible for providing information relating to the artwork/ performance offered to be sold by You on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the artwork/ performance offered must not be misleading in any manner whatsoever and must describe the actual condition of the artwork/ performance offered. You shall not exaggerate or over emphasize the attributes of any artwork/ performance offered You propose to sell on the Website so as to mislead other Users in any manner. If the artwork/ performance offered description does not match the actual condition of the artwork/ performance offered, You agree to refund any amounts that You may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed artwork/ performance offered. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the artwork/ performance offered.
- Categories: If the Website provides for categories of artwork/ performance offered, then the User must take adequate care to list the artwork/ performance offered in the appropriate category. Failure to do so may result is cancellation of listing.
- Method of Payment: At the time of listing, of the various modes of payment provided by the LLP on the Website, You shall also choose the modes of payment which are acceptable to You and the buyer will have the option to pay the Transaction Price only by the modes of payment selected by You. If you fail to choose your preferred modes of payment, the Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website.
- Clean Sale: You represent and confirm that You shall be the sole and exclusive legal owner of all artwork/ performance offered of any description that You propose to offer for sale/ book on the Website.
- Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
- Feedback: Buyers of items on the Website are entitled to write reviews and rate the artwork/ performance offered as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the LLP or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling Your items.
- Non-payment: The LLP reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to the Website in case of non-payment of Facility Charges or any other fees payable by You to the LLP. The LLP also reserves the right to take legal action in case of such non-payment.
- Refusal to sell: Once any User confirms a purchase/ book in response to a listing made by You by making requisite payment through Payment on Billing, the sale/ booking is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse/ cancel to sell/ book the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale/ booking of the item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price and upon Delivery.
- Pricing: The price of the artwork/ artist booking proposed to be purchased/ booked shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
- Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the LLP may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue Your listings, impose higher fees and additional charges for permitting You to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
- Ending of Listing: You understand and agree that the LLP at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 (thirty) days of listing. However, the LLP may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.
- Payment Confirmation: Subject to the modes of payment chosen by the Seller, in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the LLP from the Buyer within 3 (three) days of booking the Transaction and completion of verification of payment, the LLP shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the LLP shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
- Warranties and Undertakings
Seller warrants and undertakes that:
- All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The LP by providing facilities on the Website does not in any way becomes a party to the contract for the sale/ booking of the item.
- Seller shall maintain proper proof of delivery (POD) of the items sent/ performed to the Buyer. PODs should be furnished to the LLP on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.
In the event that:
- the Seller fails to Deliver within the time prescribed; or
- the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
- the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
- there is any dispute between Seller and the Buyer relating to the Transaction, or
- the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
- the Buyer claims a refund of or charges back the Transaction Price,
the LLP has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 (seven) days of receipt of a notice to that effect from the LLP, the Seller shall pay the shortfall to the LLP. In case the LLP is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.