These Terms & Conditions only apply to you, if you are an ARTIST and if you intend to sell your artworks on KALAKART.
The 23rd of July 2021 | these terms are valid until further notice.
Our terms and conditions are in compliance with the GDPR and available in English. If you are using the language switcher, then please be aware, that text is being machine-translated.
If you intend to create an Artist (Seller) Account and feature your items in our collection on the KALAKART shop-page (Collections), then you must read and accept these terms and conditions. Your comprehensive understanding of the nature of a vendor subscription account is imperative in order to realize your legal base for using the KALAKART vendor online shop.
First of all … an important overview
The following overview is just for a quick read-through. However, it is not substituting the full terms & conditions.
Just so you can understand the nature of a KALAKART vendor subscription account. Nevertheless, you will be still required to read, understand and accept the full Terms & Conditions.
1) In order to sign-up for a vendor subscription account, you need to sign-up for a user account first.
KALAKART has TWO different types of user accounts: ARTIST | MEMBER |
For now only signed-up artists are able to sign-up for a vendor subscription.
2) Your Artist account will be connected to your user account.
Therefore you need to make sure, that all information given is valid and true.
3) KALAKART is not responsible for any issues arising between you and the buyer.
Since you are a vendor, you have full responsibility to comply with all related laws.
4) All item-content, such as photos, description and other detailed information lies entirely in your own responsibility.
IMPORTANT TO UNDERSTAND:
1) Complete your profile
Some fields in your profile will also be part of the content of all your products you upload for sale. For example the profile section “ABOUT ME” will appear on each product in the tab “About … [your name]”. Therefore all given information must be true and valid.
2) Read the Sellers Terms & Conditions.
3) Start your Vendor Subscription by choosing a plan which suits you best.
Go to your profile and click in your profile menu on SELL ART and follow the steps.
After successfully signing up for a vendor subscription you’ll see a link in your profile menu DASHBOARD. Click on it and you’ll be directed to your dashboard. Now you can get started with publishing your artworks for sale.
1.1 What are these Terms about?
These Terms and Conditions (together with the policies expressly referred to within) tell you information about the KALAKART Online Art Platform.
1.2 Who runs the KALAKART websites and how can I get in contact?
The KALAKART website is operated by…
KALKART Office, 4/228, Vijyant Khand, Gomti Nagar, Lucknow.226028.
The principal activity is an art entertainment platform including social activities and an online art marketplace offering independent vendors to publish and sell their Artworks.
If you have any questions, concerns or complaints, you can email KALAKART at firstname.lastname@example.org, use the website’s ‘Contact us’ page or write to either of the above mentioned company addresses. As soon as we receive any complaint, action will be taken to rectify the problem. If you contact KALAKART by post or email we will reply by email. If you contact KALAKART by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.
1.3 What definitions will be used in these Terms?
Please take the time to familiarize yourself with the following expressions, which will be used throughout this document as explained below:
- The Site / Website / Platform: The KALAKART websites, hosted at artmo.com, and all subdomains and subdirectories thereof.
- User: Anyone who has created a social profile. There are three different types of profiles: Member, Artist, Gallery or University. To all those profile types is been referred to as ‘User’.
- Content: Any text or imagery contributed to and hosted on the Site.
1.4 To whom do these Terms apply?
These Terms form an agreement between you and KALAKART. By using this website, displaying a Social Profile for interacting with other members and posting content you agree to abide by these Terms.
KALAKART is not directly involved in interactions between users.
1.5 Are there any other policies or terms I 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.
1.6 By which laws are these Terms governed?
These Terms are governed by the laws of Germany and you agree to submit to the exclusive jurisdiction of the courts of Germany with respect to your relationship with KALAKART. It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate.
2. COMMISSION | FEES | PAYMENTS | REFUNDS
3. 2.1 Will I be charged a commission for sales?
4. No, KALAKART is NOT charging a sales commission.
6. 2.2 Payment Gateway Fees on Shop Sales
7. Credit Card or PayPal fee may apply. An additional gateway fee of 2.5% (two-and-a-half percent) is charged by us. Both fees will be deducted from your sales price.
9. 2.3 Is there any other service I have to pay for?
10. No, if you choose the BASIC subscription. This plan is FREE.
11. Yes, if you choose PLUS, PRO or LIFETIME subscription plan. May be in near future.
3. TERMINATION AND ACCOUNT CANCELLATION
3.1 Under what conditions may this agreement be terminated?
KALAKART 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.
If there is a recurring payment plan (PLUS or PRO subscription) we will refund the amount for the actual period.
See more in section 2. FEES AND PAYMENTS
3.2 How can I cancel my vendor subscription?
You can cancel or downgrade to a free BASIC subscription anytime.
After signing up for a vendor subscription you will have your own dashboard to manage and upload your artworks offered in the shop (collections).
In your DASHBOARD (see the image below) you will find a menu item SETTINGS. Then go to > Subscription. There you’ll see PRICING DETAILS. There you can either upgrade from BASIC or downgrade or cancel any paid subscription plan.
On receiving notice of your cancellation request, we will endeavor to remove your listed artworks in the shop from the KALAKART website within 2 working days.
4. PAYOUT SCHEDULE FOR SALES
4.1 How will I get paid when an artwork was sold?
The fastest and easiest way is a bank account. If you do not have a bank account, then you need to provide credit card or bank account details so we can manually transfer your payout. If any money transfer fee or currency conversion fee occurs we will deduct the total fee amount from the payout.
4.2 When will I get paid?
If you do not accept returns:
As soon as the buyer’s payment has been cleared on KALAKART settlement account.
If you accept returns:
You will get paid once the sold artwork has been delivered to the buyer and has been accepted from the buyer. Therefore, we require a delivery confirmation from the buyer. After the shipping was confirmed and has arrived, we will payout according to the payout schedule/rolling. In those cases payout are mostly ready for being processed anyway, since the delivery took time.
In either cases, generally, you may not arrange the shipping before the payment from your buyer has been cleared on our settlement account and was confirmed to you.
PayPal transactions are usually the fastest and are being cleared usually within 12 to 24 hours.
Credit Card payments, when received on KALAKART settlement account, are initially reflected as a pending balance. Most banks deposit payouts as soon as they are received, though some may take a few extra days to make them available.
5. CONTENT AND ELIGIBILITY
5.1 What requirements must I meet to be eligible to sell on the Site?
You must be over 16 years of age to become a Supplier on the KALAKART website. By accepting these Terms you represent and warrant that you at least 16 years of age.
You additionally warrant that all information you provide to KALAKART, including but not limited to your name and country of residence, photos of the artworks, and specifications of the artworks is accurate, truthful and kept up to date subject to any change.
5.2 Must I be the creator of the Artworks I want to display in the KALAKART shop?
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on KALAKART or you personally own the artworks as a collector or you are a consignor (i.e. Gallery representing an artist, artist manager, etc.) of such Artworks as directly authorized by their creator.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Site.
5.3 What restrictions apply to the Artworks I may sell on the KALAKART website?
All Artworks represented for sale on KALAKART must be one-of-a-kind original artworks or original limited edition artworks.
All one-of-a-kind artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions 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 impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
If you sell personally owned artworks, which you have not created yourself, as a collector, then you must provide a certificate of authenticity.
5.4 What restrictions apply to the Content I want to have uploaded to the KALAKART website?
You acknowledge and agree that you are solely responsible for all Artwork Content you provide to KALAKART. You may not provide material for upload which 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.
KALAKART reserves the right to remove any Content or Artwork Listings from the website at any time in its sole discretion.
5.5 How and when are KALAKART permitted to use my content?
By registering and becoming a Supplier and providing Artwork Content for upload you grant a KALAKART 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 all KALAKART online channels (including the Site, Platform and third party sites and platforms, i.e. such as KALAKART Facebook page and group, Twitter, Instagram, etc.) in any media now known or not currently known. This right and license is solely for the purpose of enabling KALAKART to use your content for the promotion of the KALAKART platform. KALAKART 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 Supplier Revenue Share, payable only upon the sale of an Artwork through the KALAKART website, and defined later in this document.
6. YOUR OBLIGATIONS
6.1 Am I responsible for inaccuracies in my Artwork Listings?
It is your responsibility to ensure that all materials for listings submitted to KALAKART represent the Artworks 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, KALAKART reserves the right to debit any costs associated with resulting customer return requests from your KALAKART account balance.
6.2 Are there any restrictions in place on how I may price my Artworks?
No, it is entirely up to you.
However, we suggest having prices identical on all channels and online shops were you are offering your artworks since customers would get confused if they can find the same artwork on different channels for a different price.
Nevertheless, since KALAKART is not charging a sales commission, for KALAKART it is considered reasonable if the price stated here is lower than on other shops.
6.3 Am I responsible for fulfilling orders placed for Artworks being published for sale?
It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the KALAKART website. After the buyers address is known it is your responsibility to research accurate shipping rates and select a preferred courier immediately.
The total shipping costs must be charged to the buyer on top of the sale price, except you choose to cover the costs. If you not chose to cover the costs, then you must inform KALAKART about the total shipping costs in order to enable KALAKART to charge the buyer.
KALAKART will not be liable for any losses incurred as a result of inaccurately quoted rates.
Artworks must be packaged and shipped in accordance to the general requirements from preferred shipping companies, such as FedEx, DHL, etc..
Every shipping must be accompanied by a tracking number. The tracking number must be send to KALAKART via email immediately after the shipping has been dispatched. Shipping with a company which is unable to provide a tracking must not be used.
After dispatching the item you must send KALAKART via email a scanned copy of the sender receipt.
Where these requirements are not met, KALAKART reserves the right to debit any costs associated with resulting customer return or cancellation requests from your KALAKART account balance.
It is your responsibility to comply with all local tax regulations with respect to any sales completed, and to include any required documentation or invoices within packages shipped.
7. KALAKART’s OBLIGATIONS
7.1 How will I be notified of orders placed for my Artworks through KALAKART?
When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You will also find all related information in your DASHBOARD.
7.2 How and when do KALAKART 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 a full payment for settlement. Payment is held securely by KALAKART in an account until confirmation of delivery and expiration of KALAKART’s returns period as stipulated in KALAKART current Customer Returns Policy.
7.3 When will KALAKART transfer my revenues for Artworks I have sold to consumers through the KALAKART website?
Your Revenue, defined later in this document, will be transferred to you via your nominated payment mechanism on expiration of KALAKART returns period, subject to any required administrative and clearance period and in line with KALAKART’s current Payment Schedule.
KALAKART are entitled to withhold your Revenue for any given Sale if there is, or in KALAKART 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 KALAKART’s reasonable satisfaction.
8. RETURNS AND DISPUTES
8.1 Am I obliged to accept requests for the return and refund of my Artworks ordered through the KALAKART website?
By having artwork listings created, you agree to offer KALAKART’s current site-wide Customer Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by KALAKART. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through KALAKART, as well as a further confirmation email once a collection date and service has been arranged.
8.2 Who is liable for the cost of return shipment of Artworks under KALAKART’s return policy?
KALAKART will not pay for the return by courier to your nominated returns address of any Artworks returned under KALAKART’s Customer Returns Policy. KALAKART reserves the right to investigate, and to debit any return shipment costs to your account should it reasonably be believed that the return was a result of your breach of either Seller Best Practice Guidelines or Packaging and Delivery Guidelines.
8.3 Who is liable for the cost of damage in transit to Artworks ordered through the KALAKART website?
KALAKART will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently according to KALAKART’s packaging guideline and ship them via a service that is required according to our Shipping Policy.
You acknowledge that any postage or shipping guidance provided by KALAKART in the form of help 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 it, you do so solely at your own risk.
KALAKART’s Shipping & Return Policy, which is mandatory for all sellers >> See below on this page.
KALAKART’s Packaging Guideline can be found on your seller dashboard.
8.4 Who is liable for the cost of Artworks ordered through the KALAKART website lost in transit?
KALAKART will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and KALAKART reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.
9. FURTHER PROVISIONS
9.1 Website Usage
In no event will KALAKART 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 KALAKART website, you may find links to third party websites. Please note KALAKART is not responsible for the privacy policies or content of third party sites.
9.2 User Data
KALAKART is a venue and provides an online marketplace and gallery only.
The Site and Platform are provided on an “as is” basis. KALAKART makes no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law. KALAKART shall not be liable for any damages of any kind including without limitation, 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, KALAKART’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in connection with a sale of Artwork through the Site or Platform.
You hereby indemnify KALAKART and keep KALAKART 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 KALAKART), 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 under the Contracts (Rights of Third Parties). 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.
These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of Union of INDIA and the parties submit to the exclusive jurisdiction of the Lucknow.
SHIPPING & RETURN POLICY: –
By accepting these Terms & Conditions you are also accepting the following Shipping & Return terms. The following text will be added by default in your name with a product tab (Shipping Policy) to all product listings for customers to see, trust and understand, that you, as the seller, are responsible:
- A Certificate of Authenticity will be provided together with my artworks.
- Please make sure your address and phone number in your KALAKART profile is actual. If you want to use a different address for delivery, then please make according changes throughout the check-out procedure.
- According to KALAKART’s shipping policy, only trusted carriers such as FedEx, DHL or DELHIVERY will be used.
- Once the artwork is in your cart the shipping costs, including GST, will be calculated based on your address. These costs will be added to your invoice. This may take a little time. You will receive an email once your invoice has been updated.
- A KALAKART shop manager will contact you directly, either by email, Skype, WhatsApp or phone in order to confirm all details and further proceedings.
- Now you want to finally check-out your item. If you change your mind, you can still delete the item in your cart. If you are still committed to purchase, now you need to finalize the check-out process and pay onto my KALAKART account. For your security, I will not receive my payment before the item has safely arrived.
- After payment I will pack and ship the artwork. This may take up to 48 hours since artwork packaging needs to be done thoroughly. If there is any delay, due to unforeseen circumstances, you will be informed asap.
- Once the item is on its way you will receive a tracking number which enables you to follow along the shipping on the carrier’s website directly. It’s important to note that if shipping internationally, there may be custom delays. This is not unusual and should not cause you any panic.
- When the item arrives, you must check the packaging and the item right away, in presence of the delivery person. In case of any damages you must report this to the delivery person. Please make photos which clearly show all damages. Any complaints after signing off the delivery receipt will not be accepted, neither by me nor by the insurance company.
My Return Policy:
I accept returns within 2 days after you have received the item. You must inform KALAKART about your decision to return the artwork, using email (email@example.com). You must return within 48 hours by using the same packing material and shipping carrier. All costs must be covered by you including shipping insurance. Once the item has arrived safely at the KALAKART’s address and once it is confirmed undamaged KALAKART will refund the net price (excluding initial shipping and insurance costs).