ARTIST and ART ENTHUSIAST TERMS

TERMS OF USE

1. These Terms of Use set out your rights and responsibilities should you wish to place a product for sale via the Services (the “Artwork”).

2. By placing Artwork for sale or otherwise advertising Artwork on the Services, you unconditionally and irrevocably agree to these Artists’ Terms of Use.

3. You agree that BLISSART’s role is to: receive payment from a relevant buyer of your Artwork and pay you the applicable fee; and assist in arranging delivery of the relevant Artwork, in accordance with these Terms of Use. All other matters relating to the sale of your Artwork is between you and the applicable buyer.

4. We have no liability to you in relation to the order for your Artwork, except as expressly set out in these terms or as required by applicable law.

ARTWORK
As an Artist:

5. You warrant that:

(A) you are allowed to sell the Artwork that you upload on the Services;

(B) you are the creator and sole owner of the Artwork that you upload;

(C) all Artwork made available via the Services is done so on an exclusive basis and shall not at any time be made available on any other gallery or platform, whether online or otherwise;

(D) the Artwork is an original piece of work and does not infringe any third party rights;

(E) the Artwork is a Drawing or a Painting; a picture made with paint, pencil, pens, crayons, or any other instrument classified under “Medium”; and

(F) should the Artwork be a reproduction of your original work, you will state in the Artwork “Inspiration” field that it is a reproduction. Artwork will be considered a reproduction where it is a facsimile of an original piece of Artwork, even if the two have material differences.

6. You will notify BLISSART, via the Services, as soon as reasonably practicable of any restrictions on your availability to deliver Artwork, including any vacation time that you plan.

7. You are not allowed to sell: (i) any prints of any kind, including those of your Artwork, or of any original works of third parties; or (ii) reproductions of any original works of third parties.

8. You will determine the price of your Artwork by providing accurate information regarding the Artwork (including in relation to the size of the Artwork), and establish your listing price within the price band corresponding to your sales level as shown in your account.

9. You warrant that any User Content relating to the Artwork uploaded by you will at all times be true and up-to-date and all specifications relating to Artwork size, size of packaged Artwork, materials, origin, and subject-matter will at all times be accurate.

ORDERS
As an Artist and/or a Art Enthusiast:

10. You will be notified via the Services and of any order placed by a buyer and any applicable price to be paid to you in return for delivery of Artwork, invitation fees, gallery fee, Artwork sponsoring fee, and/or unused discounts.

11. BLISSART may cancel any order at any time.

DELIVERY
As an Artist,

12. You must specify exact packaged dimensions and packaged weight when you list your Artwork on the Services, based on which shipping costs are established.

13. You shall at all times supply fully accurate information with regard to origin of shipping location, packaging dimensions and packaged weight. If any such information at the time of delivery is different from the information provided, BLISSART shall be entitled to deduct any additional costs from your account.

14. When you receive confirmation of an order you will also receive a courier’s airway bill that must be attached securely in order to correctly effect the dispatch of the Artwork to the buyer.

15. You must dispatch your order within 5 days of you receiving notification of the order via the Services.

16. You will be responsible for the appropriate packaging and any documentation (including any applicable certificates of authentication) relating to the Artwork.

17. You are responsible for the integrity of any packages sent pursuant to an order placed via the Services and shall not under any circumstances place or permit to be placed any items that are not strictly required by the terms of the order, and nothing that may be in breach or any applicable laws or regulations.

18. You warrant that you will comply with all local and international shipping and customs regulations and all applicable laws.

19. BLISSART shall use its reasonable endeavors to pursue any insurance claim for loss or damage to the Artwork from the time at which the shipping company takes possession of the Artwork and if relevant, until the applicable Artwork has been returned to you. You shall provide all required assistance in the pursuit of any insurance claim.

RETURNS
As an Artist:

20. Where the Buyer chooses to return the Artwork for personal or aesthetic reasons, BLISSART will organize the return of the Artwork to you and deduct the resulting shipping cost from the amount to refund the Buyer.

Any customs duties arising to clear the return shipment are to be paid by the receiving party, by you.

21. Where the buyer chooses to return the Artwork because you have sent the wrong Artwork, failed to affix the correct airway bill to packaging, or the Artwork is damaged on delivery due to your act or omission, BLISSART will organize the return of the Artwork to you and deduct the resulting shipping cost from any funds in your BLISSART account.

22. Upon receipt of a return shipment, you have 5 days to confirm whether or not the Artwork has been received undamaged in its original packaging together with any certificates of authentication and any other materials provided in the package.

In the event we don’t get any response from you during the 5 days following receipt of the return shipment, we will automatically consider your response as a confirmation and proceed with the refund of the Buyer.

23. You shall not be entitled to cancel any sale of Artwork.

As an Artist and/or a Art Enthusiast:

24. BLISSART will notify you via the Services of any returns within 14 days of delivery of the Artwork to the Buyer. In the event such notification is made, BLISSART shall have no liability to you, including for any payment.

PAYMENT
As an Artist and/or a Art Enthusiast:

25. Where a Buyer acquires Artwork you will see the fees due to you, in your account under “Dashboard Revenues”. Your funds are on standby until the Buyer agrees to forego the return policy entitlement by entering a review or until the 14 days return policy expires. On the occurrence of either, you can claim your funds through the payout method you chose.

26. You are responsible for all applicable payment transfer fees and taxes relating to the payment of the applicable sum from us to you.

27. All sales or monetary transactions initiated on the Services must be completed via the BLISSART platform. Where BLISSART believes that a sale or money transaction initiated on the Services has occurred outside of the BLISSART platform, BLISSART has the right to withhold from your account the applicable sum that would have been payable to BLISSART had the sale been through the Services.

28. If BLISSART makes any overpayment to you for any reason, you will pay to BLISSART such overpaid amounts upon demand from BLISSART. In the absence of such payment by you, BLISSART will be entitled to deduct any overpaid amounts from future payments due to you.

29. BLISSART may at any time without notice to you set off any liability owed by you to BLISSART (including any overpayment by BLISSART) against any liability of BLISSART to you, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms of Use. If the liabilities to be set off are expressed in different currencies, BLISSART may convert either liability at a market rate of exchange for the purpose of set-off. Any exercise by BLISSART of its rights under this clause shall not limit or affect any other rights or remedies available to BLISSART under these Terms of Use or otherwise.

ACCOUNT CANCELLATION

30. You may request the deletion of your account via the Services. Subject to any pending orders, BLISSART shall use its reasonable endeavors to remove your account from the Services within 5 days.

LIABILITY

31. You will indemnify and hold BLISSART harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any warranty under these Terms of Use and any third party claim relating to the Artwork.