Abstract 23

• To display and sell the work the collector should possess one or more of the following documents:
  
  

  - An authenticity certificate/ proof of the work.

  - A letter of provenance, tracing the movement of the artwork from its origin to the present ownership.

  - A letter stating that the collector is liable for the authenticity of the work and will furnish appropriate supporting purchase documents if required.

• The selling collector should certify that:
  
  

  - He/she is the sole, absolute and rightful owner of this work and is able to transfer the work as marketable property, free from any lines, encumbrances, unpaid taxes and dues or charges, if he/she decides to sell this work.

  - There are no legal proceedings pending in respect of the work and it is not the subject matter of any dispute.

• The collector understands that the other collectors shall rely upon the said authenticity guarantee and in the event another collector buys his/her work and disproves the authenticity of the artwork, the seller will be liable to repurchase the same from the buyer at twice the price at which he sold it to the buyer.

• IndianArtideas.in provides a meeting ground for various collectors and is not involved in the authenticity or legality of any transaction between two collectors. IndianArtIdeas.in assumes no liability of any sort.

Terms & Conditions on Registering, Uploading and Re-sell of Artworks through IndianArtIdeas:

By registering, uploading and sale of artworks which have not been created by you on www.indianartideas.in ('the Website') you acknowledge that you are bound by the terms and conditions listed below:

Acceptance as a Reseller: IndianArtIdeas reserves the right to accept or decline Your application to market & sell Artworks through Us. Your application also includes your acceptance of these terms and conditions and You warrant that all information supplied to Us is accurate, and up to date. While You agree to have Your artworks and related information displayed on the Site, You will inform Us of any changes in the information supplied to Us including name, address and contact details, details of Artworks, and the sale of Artworks.

For artworks You desire to sell, You have to click on "Upload an Art" under “re-sell your artwork„ and upload the artwork image & details, a copy of its authenticity certificate.

Re-Sell of Artworks: Placing your works for sale on www.indianartideas.in constitutes an irrevocable acceptance of these terms & conditions. The contract of sale is between IndianArtIdeas (acting as the agent of the buyer) and the reseller. The reseller will be informed of the sale of his/her artwork by email & call. Unless rescinded/cancelled by IndianArtIdeas on account of a default of payment by the buyer, such acceptance results in an enforceable contract of sale.

Acceptance of Artworks: We reserve the right to accept or decline Your application to market any Artwork through Us for any reason. We reserve the right to decline an artwork in case the image uploaded by You does not meet the standards set by Us or if it does not have complete or clear details. This includes the Authentication Certificate, back image of the painting, history, price, category, shipping condition, size and medium of the artwork. We reserve the right to decline an artwork uploaded by you if the price quoted by you is not fair or in line with current market pricing.

Once the artwork uploaded by You is accepted by Us, the information provided by You cannot be altered. However, at any point of time, You can delete/remove an artwork uploaded by You. If You wish not to sell an artwork uploaded by You earlier and accepted by Us, You can remove it from sale at any time, before the artwork is sold.

Pricing, Copyright and Authenticity of Artwork: You will set a price for the Artwork that must be inclusive of VAT (if applicable) and Your delivery and insurance costs and Our commission. Once accepted, You agree to sell the Artwork at the accepted price.

You warrant that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You warrant the Work is in Your physical possession and You have the legal right to sell it. You warrant that the artwork is an authentic artwork made by the artist it is attributed to. In the event that there are doubts regarding the authenticity of the artwork, IndianArtIdeas will have limited liability. The buyer may choose to take suitable action against you as the reseller, including but not limited to, civil and criminal action.

Sale of Artworks : If a sale is made, You are entering into a legally binding contract with Us to complete the sale and dispatch the artwork within 3 working days. In the event of Your artwork being purchased, the artworks will be delivered/shipped to the Buyer directly by You through a courier of good repute.The shipping of the work will be Your responsibility and IndianArtIdeas shall provide full details to you in order to close the transaction successfully.

Delivery, packaging and insurance:You are solely responsible for all costs associated with materials, packaging, delivery and insurance of the artwork. These costs cannot be reclaimed from Us under any circumstances and should be taken into account when pricing Your Artworks. You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to the Buyer.

You further warrant that you will not include your contact details in the artwork packaging that would encourage the customer to deal directly with You. You will package and arrange delivery of Artworks to the Buyer within the agreed time.

Payment for Artworks Sold through IndianArtIdeas: IndianArtIdeas will make Your payment after the Buyer intimates Us about receiving the artwork in a proper condition, and along with the authentication certificate and confirms his satisfaction with the purchase. The payment will be made into your Bank Account details of which will be provided by you.

The payment released by Us would be made after deducting Our commission of 15% of the listing price. Non-exclusivity:You may market Your artwork through other channels simultaneously with marketing through Us, provided:

This does not affect Your ability to deliver the Artwork to the Buyer within the specified time.

You do not offer Your Artwork at a price lower than the price which You are offering it through Us.

If the Artwork is sold through another channel You will immediately remove it from sale on the Site.

Returns and damaged goods: In the event of the Artwork arriving damaged to the Buyer, You will be liable for the costs of retrieving the Artwork from the buyer. You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances. You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.

Only if damaged (not otherwise), Your accept that the Buyer may return the artwork, and this will constitute cancellation of the order. We will not accept liability for Your delivery expenses in this instance.

In the event of a return of damaged goods claim by the Buyer, the buyer will return the artwork to the addresses of IndianArtCollectors, and we will assess the damage to prepare a claim and return the artwork to you.

Ownership of Customer relationship: You agree that the business relationship between the Customer and Us is entirely owned by Us. You will not approach the Customer directly or correspond with the Customer in any way, except with express written authorization from Us. You will not sell directly to the Customer or allow a direct relationship to develop between You and the Customer that could be detrimental to Us. You will not pass Your contact details to the Customer, including in Artwork packaging.

Termination: We may block, suspend, or terminate Your use of the Site, Content, or Services at any time for any reason.

Changes to this Agreement: We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Site or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.

Please refer to the Terms & Conditions of Sale, Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions govern Your use of the website.

Disputes if any, would be subject to UP jurisdiction only.