Effective Date: February 1, 2015
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Fresh Easel reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to list a work on the Site or to make a purchase through the Site, you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Fresh Easel reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Fresh Easel of any unauthorized use of your Account.
Seller Terms and Conditions:
Listing Works on the Site
As a Member, you may submit listings for original works of art (“Original Works of Art”) that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art (“Digital Works’) that you have created and that you desire to commercially exploit through the Site and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Fresh Easel with all the information requested on the applicable page of our Site and you must comply with any other Fresh Easel requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Fresh Easel with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Fresh Easel’s then-current listings content guidelines, which are available at https://fresheasel.com/guidelines. Fresh Easel reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Fresh Easel reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site – please see below for instructions.
If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Fresh Easel the rights in such Digital Works as contemplated under these Terms; and (iii)neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor Fresh Easel’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for Original Works of Art, you hereby appoint Fresh Easel as an independent non-exclusive reseller with the right to resell such Original Works of Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Fresh Easel a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Fresh Easel, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
If you submit listings for Digital Works, you will Permit Members and other third parties to purchase fine art reproductions of the Digital Works (collectively, “Printed Works”) through our print service.
If you submit listings for Digital Works, you hereby grant Fresh Easel a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”)”). and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Fresh Easel, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Fresh Easel may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Fresh Easel to process and fulfill orders for Printed Works.
As between you and Fresh Easel, Fresh Easel will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Fresh Easel, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
Fresh Easel and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Fresh Easel’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Fresh Easel and the third party website or Fresh Easel’s Offline Sales partner, as applicable, to Fresh Easel and share related shipping information, including the contact details of the purchaser where necessary, with Fresh Easel.
For Original Works of Art only, Fresh Easel will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Fresh Easel, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Fresh Easel will provide you with information regarding its preferred shippers with which Fresh Easel maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a Fresh Easel preferred shipper account, Fresh Easel will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Fresh Easel if you are using a Fresh Easel preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Fresh Easel (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Fresh Easel preferred shipper or if you pay for the cost of shipping yourself, Fresh Easel will reimburse you for the amount you paid, up to the amount that Fresh Easel or the third party website charged the purchaser for shipping.
For sales of Original Works of Art via the Online Sales channels, Fresh Easel will credit your Account in an amount to be determined in accordance with Fresh Easel’s then-current standard pricing and commission terms, which may be found at https://fresheasel.com/faq-items/tell-me-why-i-should-sell-on-fresh-easel-in-under-50-words/; for sales of Original Works of Art via the Site and Services, subject to Fresh Easel’s receipt of confirmation of delivery to the purchaser, Fresh Easel will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, Fresh Easel will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by Fresh Easel, in its sole discretion.
You agree to comply with the terms and conditions of Fresh Easel’s then-current Return Policy that are applicable to any Original Works of Art that are sold through the Site and Services.
For sales of Printed Works via Online Sales and Offline Sales, Fresh Easel will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in Fresh Easel’s then-current standard pricing and commission terms, which, as noted above, may be found at https://fresheasel.com/faq-items/tell-me-why-i-should-sell-on-fresh-easel-in-under-50-words/.
You will have the right to request Fresh Easel to remit the Artist Revenue Share in your Account in accordance with a Fresh Easel-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Fresh Easel will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Site, the license rights granted by you to Fresh Easel to manufacture, distribute and sell Printed Works with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Fresh Easel and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by Fresh Easel or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Fresh Easel with respect to using such Digital Work to promote Fresh Easel, the Site and the Services will remain in full force and effect for only as long as necessary for Fresh Easel to fulfill any current obligations that require using the Digital Work for such promotional purposes.
Buyer Terms and Conditions:
By registering and placing an order on fresheasel.com (‘the Website’) you acknowledge that you are bound by the terms and conditions listed below:
- All artworks made available for sale on the Website will be sold at the price listed. The price of the art work listed is all inclusive – it includes taxes, shipping and handling. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artworks.
- Fresh Easel is not liable for any charges that may be levied at the destination whether in India or overseas.
- All order confirmations will be raised by the Seller based on the registration information provided by the buyer at the time of making the purchase and payments will be accepted only from the buyer so registered.
- Placing an order on fresheasel.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Fresh Easel within 5 working days on account of a default by the Seller or any prior or continuing breach by the buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between Fresh Easel (acting as the agent of the Seller) and the buyer.
- Once an order is placed on Fresh Easel, the buyer is required to make payment for the price of the artwork within 5 working days from the date of placing the order. Alternately, and without prejudice to the foregoing, Fresh Easel may, at its absolute discretion, hold the artwork for the Buyer and may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
- Fresh Easel is authorized by the Sellers 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.
- All sales are against 100% payment in advance.
- The buyer 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 Fresh Easel immediately. Fresh Easel 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 Fresh Easel forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Fresh Easel.
For Original Art
- The artworks made available for sale on the Website are not in the physical possession of Fresh Easel and are physically located anywhere in the world with the Seller.
- The artworks will be delivered/shipped to the Buyer directly by the Seller through a courier of good repute. Should there be any damage to the artwork in transit, the Buyer should not accept the parcel and should notify Fresh Easel immediately.
- The paintings that are unframed & un-mounted will be shipped in a rolled format & in protective cylinders. For the paintings that are shipped with glass frames, we cannot provide any guarantee for the Glass, though utmost care is taken while packing.
- While great care is taken to reproduce the colours and form of paintings as depicted on the website, it is understood that since each painting is individually painted there may be variations in shade and colour. No complaints in this regard would be entertained.
- 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 (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
- All artwork posted for sale by Sellers on the Website is supported by an authenticity guarantee from the Seller themselves. Fresh Easel does not issue any authenticity guarantee.
- Fresh Easel is not obligated to provide any physical preview of the artwork either before or after the sale. Fresh Easel is in no way liable for the condition of the artwork.
- Artworks received in an unsatisfactory condition by the buyer may be returned to the Seller within 2 working days in an ‘as is’ condition. In such a case Fresh Easel will refund the payment or issue a credit note to the buyer and cancel the order. However, the unsatisfactory condition will only be covered for damaged or spoilt condition, and NOT because the buyer did not like the artwork he has purchased.
- If Fresh Easel does not hear back from you within 7 days of delivery of artwork, we will close the transaction and make the payment to the Seller.
For Open Edition Prints (Reproductions)
- Open edition prints are available only for Unsold works available from the artist and only if the artist has opened up his work for open edition prints. The size and price of the prints varies from painting to painting and from time to time.
- Open edition prints are printed on Paper or Canvas in high quality printing machines and shipped directly by Fresh Easel.
- Open edition prints will not be accompanied by the Authenticity Certificate of the artist, as this work is a reproduction.
- The prints are rolled and packed in protective cylinders prior to shipping through a reliable courier. A print order will be automatically closed within 2 days of delivery, and no complaints whatsoever will be entertained after 5 working days from delivery.
- Prints received in an unsatisfactory condition by the buyer may be brought to the attention of Fresh Easel within 2 working days. In such a case, Fresh Easel will replace the prints with a fresh copy or issue a credit note to the buyer. However, the unsatisfactory condition will only be covered for damaged or spoilt condition, and NOT because the buyer did not like the prints he has purchased.
For Gift Vouchers
- Gift Vouchers will be valid for 1 year from the date of purchase. Under no circumstances will the validity of a Gift voucher be extended.
- Disputes if any, would be subject to New Delhi jurisdiction only.
Download a copy of the updated Terms and Conditions in .pdf . Click here