Terms and Conditions - Artists
TERMS AND CONDITIONS FOR ARTISTS DISPLAYING AND SELLING THEIR WORKS THROUGH www.kolkataarthouse.com
By registering and placing your artworks for sale on www.kolkataarthouse.com (the website) you accept that you are bound by the terms and conditions given below:
Registration: Kolkata Art House requires registration of the artist with it. It reserves the right to accept / reject any artworks presented by the artist for display on the website. Kolkata Art House is a service provider and provides a platform to artists to sell their artworks to buyers directly. However, it does not take responsibility, or give any guarantee or assurance for the sale of any artworks posted by the artist on its website. When the image of an artwork is displayed on ‘the website’, a unique code number for the specific artwork is generated as a reference.
Sale of Artworks: Placing images of artworks for display on the website constitutes an irrevocable acceptance of these terms and conditions by the artist. The contract of sale is between you (the artist, with Kolkata Art House acting as your agent) and the buyer. The artist will be informed of the sale of his/her artwork by email or post. Unless rescinded/cancelled by Kolkata Art House within 7 working days of the buyer placing the order on account of a default of payment by the buyer, such acceptance results in an enforceable contract of sale. Kolkata Art House is not obligated to provide any prior intimation of sale to the artist or arrange a discussion between the artist and the buyer. Any artwork posted by the artist on ‘the website’ is assumed to be available with the artist for sale, at the “Listed Price” and the original artwork is readily available for spontaneous delivery when a sale takes place.
Accuracy of Details: While offering an image of an artwork for display on the website, the artist will be responsible for the accuracy of the details of the artwork, the dimensions, the medium and surface, the image quality and its similarity to the original piece of work. In case of a complaint by the buyer on the ground of dissimilarity between the image or the details and the original artwork, Kolkata Art House will refund the money accepted on your behalf to the buyer and ask the buyer to return the artwork to Kolkata Art House and Kolkata Art House in turn, will return the artwork to the artist.
Artist’s Price: The artist, when sending the image of the artwork for display, shall quote a price as per his/her expectation, which will be termed as the “Artist’s Price” (including packing / insurance / delivery / cartage charges upto the hands of Kolkata Art House). The Listed Price on the website, on and above the Artist’s Price, shall include all applicable taxes / charges / insurance / and commission upto the hands of the buyer. Once a sale has happened, there will be no revision of the “Artist’s Price” or Listed Price.
Delivery of Artwork When Sale Happens: In the event of a sale of an artwork, Kolkata Art House will inform the artist through email or by post, mentioning the code number of the artwork sold. The artist shall then dispatch the artwork through a reputed courier (from among the list of such service providers annexed hereto) in a rolled state in a suitable container, preferably protective cylinder, to Kolkata Art House within 3 working days. Kolkata Art House in turn will dispatch the artwork to the buyer. A sale of the artwork will be deemed to be complete when the buyer receives the artwork. Under normal circumstances, Kolkata Art House will deliver the artwork to the buyer only after receipt of full payment.
Default on Orders Placed: In the event that the Artist no longer has the artwork in his/her possession, or is unwilling to execute the sale, or has furnished wrong details about the artwork which gets revealed post the confirmation of a sale, Kolkata Art House reserves the right to cancel the artist’s registration to this service and to claim for punitive monetary damages up to the value of the sale so defaulted upon. Kolkata Art House, in its capacity as agent of the artist, will not be liable in any manner whatsoever for any legal action that may be initiated against the artist/ Kolkata Art House by any person as a result of a transaction, whether successful or otherwise, on the website, and you agree to defend, indemnify and hold harmless Kolkata Art House and all of its proprietors, directors, employees, etc to that extent.
Amount Receivable: Kolkata Art House will charge a gallery commission of up to 20% on the Artist’s Price for all ready and commissioned works. The amount receivable by the Artist from Kolkata Art House will be the listed price displayed on the website less Gallery’s commission, less taxes and costs.
Authenticity: The artist is completely liable for the authenticity of the artworks. The artist must take a coloured print of the authenticity certificate sent through email, sign it and enclose the certificate with the artwork at the time of delivery of the artwork to Kolkata Art House.
Invoice/Receipt: Kolkata Art House will generate an invoice on behalf of the artist to be issued to the collector. The artist will receive the payment from Kolkata Art House within 7 working days of the artwork being received by the collector/gallery. Kolkata Art House will also generate a commission receipt for the service commission received from the artist.
Payment: The artist will receive the payment within 7 days of the gallery confirming receipt of the artwork. Payments will be processed only if the gallery is satisfied with the condition of the artwork. These payments will be made into the artist’s registered bank account.
Withdrawal of Artworks: In case the artist wishes to withdraw any specific artwork or all his/her artworks from being displayed on ‘the website’, the artist must inform and give a notice of 3 days to Kolkata Art House for effecting the withdrawal. However, the withdrawal will be effective only after any pending contract is completed.
Display of Artworks in other galleries/websites: The artist is free to display those artworks that are already on display in Kolkata Art House, in other galleries/websites. However, if those artworks are sold from any other galleries/website other than Kolkata Art House, the artist must immediately (within one day) inform Kolkata Art House of the unavailability of the artwork.
Termination of Registration: Kolkata Art House reserves the right to terminate the registration of any artist from this portal, if it finds any irregularities in the dealings with the artist, non compliance with the service standards of Kolkata Art House and a change in the quality or standard of the artworks.