Glossary

What is a dealer system

The system that involves distribution and sale through galleries is known as Dealer System. International dealers sign contracts with artists for promotion and exhibitions and also give them salaries. Mainly, the focus is on searching wealthy art collectors, public galleries and provide art to them at raised prices. There is no involvement of artist or general public in the process.

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TERMS AND CONDITIONS

Terms & Conditions for Artists Displaying & Selling their paintings and sculptures (here in after referred to as "Artworks") through www.indianartideas.in.

By registering and placing your Artworks for sale on www.indianartideas.in (the Website) you acknowledge that you are bound by the terms and conditions listed below:

Registration & Membership Indian Art Ideas: while requiring pre registration with it of the artist, also reserves the right to accept/ reject any Artworks of the artist. Indian Art Ideas is a service provider to artists to sell their Artworks to collectors directly. It does not take responsibility, or give any guarantee or assurance for the sale of any Artworks posted by the artist on this website.
Authenticity of Artwork: The artist is completely liable for the authenticity of the Artworks and accordingly to display and sell his Artworks the Artist should possess a genuine Authenticity Certificate. He must take a colored print out of the authenticity certificate generated by the system, in the prescribed format, sign it and enclose the certificate with the artwork at the time of shipping to Indian Art Ideas
Sale 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 Indian Art Ideas (acting as the agent of the buyer) and the artist. The artist will be informed of the sale of his/her artwork by email. Unless rescinded/cancelled by Indian Art Ideas within 10 working days of the buyer placing the order on account of a default of payment by the buyer or any other issue, such acceptance results in an enforceable contract of sale.
Pricing: The artists will upload Artworks at their convenience and quote a sale price as per their expectations. The listed price on the portal would, however, be the price quoted by the artist plus an appropriate premium thereupon. The amount of premium would vary depending upon a number of factors viz, the price quoted by the artist, dimensions of the artwork, weight of the artwork etc. The artist would appreciate that the said premium is necessary for Indian Art Ideas to cover various expenses (related to the artwork) ranging from:
- Packaging
- Insurance
- VAT payable
- Inventory maintenance
- Infrastructure and administration expenses
- Customer Service etc.
Under no circumstances will the price quoted by the artist be further revised upwards once the contract of sale has been executed.
Accuracy of Details : The artist is responsible for the accuracy of the details of the Artworks, the dimensions, the medium & surface, the image quality and its similarity to the original piece of work. In case of a complaint by the collector, Indian Art Ideas will refund the money accepted on behalf of the artist to the collector, cancel the order and ask the collector to return the artwork to Indian Art Ideas (to be returned to the artist by Indian Art Ideas). The entire cost of shipping the inaccurate Artworks from the collector back to the artist will be borne by the Artist, and will be deducted from future payments due to the artist from Indian Art Ideas. If the Artworks from an artist are repeatedly receiving complaints of inaccuracy from the collectors then, Indian Art Ideas may terminate the membership of the artist.
Shipping : Once an order is placed on Indian Art Ideas, the artist is required to courier the artwork within 2 working days of Indian Art Ideas having received the payment from the collectors on behalf of the artist and the website informing the artist of the same by email. At the time of placing the artwork for sale on our website the artist will state the condition in which the artwork will be shipped - rolled or framed or stretched, and in the event of a sale, courier the artwork in the same condition. All shipping/courier charges to Indian Art Ideas will be borne by the artist. The paintings that are unframed & unmounted should be shipped in a rolled format & in protective cylinders. For the paintings that are shipped with glass frames, utmost care should be taken while packing. The artist is responsible to maintaining a high standard of packing and shipping the artwork such that Indian Art Ideas receives it in undamaged condition. The artist must use only reputed courier services to deliver Artworks to Indian Art Ideas. If in spite of all this, the work gets damaged in transit, Indian Art Ideas will refund the payment to the buyer and cancel the order. The cost of shipping the damaged Artworks back to the artist will be borne by the Artist, and will be deducted from future payments due to the artist from Indian Art Ideas. If the Artworks from an artist are repeatedly received in a damaged condition then, Indian Art Ideas may terminate the membership of the artist. Moreover, if the artwork gets damaged while in transit to the buyer then Indian Art Ideas< will refund the payment to the buyer and cancel the order. The cost of shipping the damaged Artworks back to the artist will be borne by Indian Art Ideas.
Default on Orders Placed : In the event that the Artist no longer has the artwork in his 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, Indian Art Ideas reserves the right to cancel the artists membership to this service. Alternately, and without prejudice to the foregoing, Indian Art Ideas may, at its absolute discretion, seek to commence legal proceedings to ensure execution of the contract of sale.
Amount Receivable: The artist will receive an amount equivalent to the gallery price quoted by him less the commission receivable by Indian Art Ideas in the event of a sale.
Invoicing: Indian Art Ideas will issue a computer generated invoice to the collector. The artist will receive the payment from Indian Art Ideas within 7 working days of the Artwork being received by the collector in satisfactory condition.
Indian Art Ideas 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 Indian Art Ideas and a change in the quality or standard of the Artworks.
You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate and you agree to furnish all details and information accurately on the Artworks and bio data submitted by you on Indian Art Ideas.
You authorize Indian Art Ideas to exercise complete discretion in (i) the illustration and descriptions of art works for viewing and sale and (ii) acceptance or rejection of orders received.
Indian Art Ideas is not obligated to provide any prior intimation of sale to the artist or have a discussion between the artist and the buyer because it is a "click and buy" model. Any artwork posted by the artist on www.indianartideas.in is assumed to be available with the artist for sale and is available of being shipped in the shipping condition mentioned by the artist as and when a sale takes place.
The artist warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Indian Art Ideas immediately. Indian Art Ideas is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Indian Art Ideas forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the artist furnishing information to the satisfaction of Indian Art Ideas.
Disputes if any would be subject to Delhi jurisdiction only.

TERMS AND CONDITIONS

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.

Re-sale terms and conditions

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.