Terms and Conditions

 

Sellers terms and Conditions

Terms and Condition agreement of Seller (Artist/Collector/Investor) and Barts.art (the Company)

 

*Barts.art Commission Fee

Barts.art's commission fee is 45% of your total price. Please make sure you add on a 45% markup on the price you want for your artwork to cover this charge. We take care of the insurance and will also reimburse your delivery fee.

Marketing your Artwork
From time to time Bart's Art will market your Artwork/Products on various social platforms such as Facebook, Instagram, other Art sites or platforms where we think can bring visitors/buyers. The Seller agrees that Bart's Art can market their work from their studio to create exposure.

Products, Availability of products etc.
The Seller will keep products updated on the website at all times about the availability of the products in its inventory along with detailed specifications like size, colour, medium etc. as may be required of the product. Order once placed on the website by a customer shall be honoured by the Seller, failing which the Company shall have a right to recover any damages incurred by it for failure to meet the order against the Seller and the Seller indemnifies the Company in this regard.

Fee/Commissions etc
Barts.art shall charge certain fees per all such sales that are made/generated using the website www.barts.art/ a commission shall be paid by the Seller to Barts Art.
It is expressly agreed by the parties hereto that Barts Art shall debit the amount of commission from the remittance to Seller at the time of forwarding the payment received from the end customer.
The parties will endeavor to perform reconciliation of accounts/orders every 14 days during the term of this agreement.

Order, Handling, Delivery etc.

Orders for the product shall be received using the website www.barts.art and shall be forwarded to the Seller by Barts.art via email.
The Seller shall upon receipt of the order from Barts.art immediately arrange to deliver the products to the designated address as early as possible but in any case the dispatch shall be made within stipulated time of the receipt of the Order. In case the Seller fails to dispatch the product within the aforesaid time, it has to return any amount received in respect of the order back to Barts.art forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the agreement. The Seller shall provide to Barts.art the consignment number, details of courier/shipment agency immediately followed by proof of delivery.
The Seller shall ensure that the products dispatched are of the specifications ordered and that there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Seller to the end customer.
The Seller agrees to replace the defective products supplied to the end customer at its own cost and shall not hold Barts.art responsible in any manner whatsoever. The Seller hereby indemnifies Barts.art, its directors and employees against any claim which may be made against them by the end customer or any other third party in respect of any defective products supplied by the Seller.

Undertakings of Seller

The Seller hereby undertakes as follows:
To deliver the product ordered by the end customer in accordance with the specifications/description specified by the end customer including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Seller shall maintain adequate stock/inventory of the items at all times unless the product is specifically a “made to order” product, and displayed as such in the product description.
Not to send any kind of promotional material or any material, which is, derogatory to and/or adverse to the interests financial or otherwise of Barts.art, to the end customer either along with the products supplied or in any manner whatsoever.
Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.
The Seller declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorised to sell/provide/licence such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest.
The Seller agrees to indemnify and keep indemnified Barts.art from all claims/losses (including attorney’s fee for defending/prosecuting any case) that may arise against Barts.art due to acts/omission on the part of the Seller
To provide to Barts.art, for the purpose of the creation/display on website of Barts.art, the product description, images, disclaimer, delivery times, price and such other details for the products to be displayed and offered for sale.
To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is derogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the website of Barts.art. The Seller agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to Barts.art.
To provide full, correct, accurate and true description of the product so as to enable the end customers to make an informed decision. The Seller agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the end customer.
To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of Barts.art.
At all times have access to the Internet and its email account to check the status of approved orders and will ensure prompt deliveries within the time frame mentioned herein before in the agreement.
Provide information about the Order Status including Airway Bill Number should Barts.art require the information.
To raise an invoice as well as receipt of payment in the name of end customer for an amount equivalent to the amount displayed as the retail price on the online store to the end customer and paid by/charged to the end customer.
Not to offer any Products for Sale on Barts.art, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the InternatioTo provide satisfactory proof about the ownership/licences of all the legal rights in the Products that are offered for sale on the Online Store as and when demanded by Barts.art.
To pass on the legal title, rights and ownership in the Products sold to the end customer.
To be solely responsible for, and indemnify Barts.art against, any dispute that may be raised by the end customer relating to the goods, merchandise and services provided by the Seller. No claim of whatsoever nature will be raised on Barts.art.
The Seller shall at all time during the term of this agreement endeavor to protect and promote the interests of Barts.art and ensure that third parties rights including intellectual property rights are not infringed.
The Seller shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, applicable tax laws (including, Value added tax), applicable South African National Standards, , etc.
To provide to Barts.art copies of any document required by Barts.art for the purposes of performance of its obligations under this agreement within 48 hours of getting a written notice from Barts.art.
To seek advance written approval from Barts.art, prior to release of any promotion/advertisement material, in so far as the same relates to services offered pursuant to the terms of this Agreement.

Warranties, Representations and Undertakings of the Seller. The Seller warrants and represents that:

It has the right and authority to enter into this Agreement with Barts.art and the agreement so executed is binding in nature.
All obligations under this Agreement are legal, valid, binding and enforceable in law against the Seller.
There are no proceedings pending against the Seller, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
That it holds all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with Barts.art.
It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, applicable tax laws (including, Value added tax), applicable South African National Standards, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with Barts.art and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
It shall maintain details of all transaction and mark as complete / incomplete as the case may be and shall provide the same to Barts.art upon demand.

 

 

Affiliate terms and Conditions

Agreement

By signing up to be an Affiliate in the Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").

reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested by Barts.art in order to complete the signup process.
  • Your login may only be used by one person, yourself - a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to . We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the . You must ensure that each of the links between your site and the properly utilizes such special link formats. Links to the placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://barts.art and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you've earned more than R200 in affiliate income. If your affiliate account never crosses the R200 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the R200 threshold.

Identifying yourself as a Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over R200, you'll be paid each month. If you haven't earned R200 since your last payment, we'll pay you the following month after you've crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://barts.art, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. reserves the right to end the Program at any time. Upon program termination, will pay any outstanding earnings accrued above R200.

Termination

, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the South African Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of South Africa, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and and govern your use of the Service, superceding any prior agreements between you and (including, but not limited to, any prior versions of the Terms of Service).

 

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