AARTZY at the initial stage will discuss terms with the creator to suit each other's requirements and include the same into a seller contract which will be signed by both parties to agree on the duties and responsibilities entrusted to both parties.
Creator shall provide the Creations to AARTZY as per the requirement in consideration for the payment of price subject to the terms and conditions set out herein.
Creator shall guarantee that the Creations supplied to AARTZY shall be of the highest merchantable quality. Creations shall fit for the purpose for which it is intended herein and shall be free from defects arising out of inferior material or faulty workmanship and shall comply with the Purchase Order/s issued hereunder.
The Contract shall be valid for a period commencing from the Effective Date until either party wishes to discontinue and informs the other in writing. However. the contract may also be extended as maybe agreed between the Parties in writing.
All Creations required hereunder in full by AARTZY shall be notified to the Creator through a Purchase Order/s issued by AARTZY which shall include all information of the Creations.
The Purchase Order/s shall be effective from the date of issuance.
AARTZY may, under its absolute discretion, make variations to the Purchase Order/s with reasonable notice to the Creator for any additional services as it deems necessary.
In event of discrepancy between the terms of this Contract and a Purchase Order issued, terms of the Purchase Order shall prevail.
Creator upon receiving the purchase of from AARTZY, shall prepare the package to be delivered using optimum protection:
Creator will need to provide photographic evidence of the final artwork and sections of the packing process for AARTZY's insurance purposes.
Once the packaged creation to ready to be shipped, Creator shall initiate the package to be shipped directly to the buyer. AARTZY at any point do not get involved in the shipping process and the integrity of the packaging lies solely with the Creator.
Creations shall be made ready by the Creator to be picked up under the following terms (where applicable):
| • Water Colour / Acrylic Paintings | : Seven (7) days |
| • Portrait Drawings | : Seven (7) days |
| • Oil Paintings | : Twenty-Five (25) days |
| • Line Drawings | : Twenty-Five (25) days |
| • Sculpture / handicrafts (with mould) | : Ten (10) days |
| • Sculpture / handicrafts (without mould) | : Twenty-Five (25) days |
Any Creations that is found to be damaged at the point of collection shall be replaced by the Creator without any charge to AARTZY. Upon receipt of such notification from AARTZY, the Creator shall ensure that such replacement be completed within Seven (7) days.
In any event where suitable replacements cannot be arranged, a full refund shall be made to the buyer as per AARTZY Return and Cancellation Policy. Creator is expected to acknowledge this requirement.
The Creator shall notify AARTZY of any delay to the Delivery Date specifying the anticipated delay. In the event that the delay is due to:
the Delivery Date shall be extended for a period to be agreed, in writing, between the Parties but such period shall not be more than the anticipated period of delay.
The price of Creations will be agreed beforehand as per the dimensions requested.
All prices will be exclusive of any taxes prevailing in the country.
The prices will be quoted in the Currency as agreed in the seller contract.
The agreed prices will be required to be held firm without any upward escalation for the entire Contract period unless both parties have agreed.
Creator need to inform AARTZY at the inception of their preferred payment methods from PayPal, Direct Bank Transfer, and Cheque and the relevant details will be maintained by AARTZY.
AARTZY will make the payments in accordance with the agreed procedure which is as follows:
Payment terms for each Purchase Order/s shall be as per the contractual agreements and this clause shall survive the termination or expiration of this Contract.
Creator will be responsible for complying with delivery timelines as mentioned above.
Creator will remain solely responsible for the completion of the Creation according to the requirements including all modification or changes necessary for the Creations.
Creator will need to provide photographic evidence of the final artwork and sections of the packing process for AARTZY's insurance purposes.
Creator will be responsible of initiating and bearing all shipping related responsibilities and expenses if this is agreed between the Creator and AARTZY. If this option is chosen, Creator will communicate shipment tracking details to AARTZY no sooner these details are available.
If supplied creations does not comply requirements and Creator is unable to replace the same to comply with the requirements, within the stipulated time, AARTZY reserves the right to cancel the order.
Aartzy will charge not less than 18% from the creator's painting price which can be be either deducted or added, depending on the creator's preference.
AARTZY will feature and process all products including image processing, content development, upload, promote and coordinate all sales and fulfilment processes.
AARTZY will provide the Creator with all the information that the Creator may reasonably request and is necessary for the proper performance of the Creator's obligations hereunder.
If Creator agrees to manage shipping of works, ARTZY will reimburse all related shipping expenses upon producing of the shipping invoice at the conclusion of a successful delivery.
AARTZY will make all arrangements to promote and advertise the products from the Creator with the intension of selling them to suitable buyers.
All applicable taxes for all purchases will be borne by the buyer with accordance to the prevailing import and customs regulations at the point of delivery.
Creator will offer a guarantee to replace free of charge any Creations which may not be usable under normal conditions arising from inferior materials and/or workmanship. AARTZY will notify the Creator of the faults as soon as possible after the fault has been discovered.
The Creator will indemnify AARTZY against any and all loss, costs, expenses and liabilities caused to AARTZY whether directly, or as a result of the action, claim or demand of any third party, by reason of any breach by the Creator of any one or all of the terms, conditions and warranties hereof.
In the event of such a claim the Creator shall, at its expense, defend or settle any such claim brought against AARTZY and shall pay all damages and costs. Creator shall be entitled to defend any such claim and make settlement thereof at its own discretion, and AARTZY shall give assistance and information as the Creator may require for settling or opposing such claims.
This Clause shall survive the expiry or termination of this Contract.
To the fullest extent permitted by law, and not withstanding any other provision of this Contract, AARTZY will exclude all liability arising from the seller contract.
AARTZY and its staff will not be liable for any indirect, incidental or damages for any loss of profits, revenue or business incurred by the Creator or any third party at any point during the contract period.
This Clause shall survive the termination or expiration of this Contract.
Either Party by giving Thirty (30) Days' notice in writing to the other, without prejudice to any other rights herein, may terminate this Contract at the occurrence of any of the following circumstances.
Each Party to the seller contract will use its best efforts to keep in strict confidence, all commercial and other information acquired by it from or concerning any other Party under this Contract (herein after called "Confidential Information"). No Party shall utilise such Confidential Information for any purposes other than those contemplated in this Contract. Further, no Party shall at any time disclose any Confidential Information to any third party for any purposes without the prior written consent.
The following information shall be excluded from the foregoing scope of Confidential Information:
If at any time during the continuance of this Contract, the performance in whole or in part by either Party or any obligation under this Contract shall be prevented or delayed by any act of God, governmental decision, war, hostilities, civil commotion, sabotage, explosion, epidemics, quarantine restrictions, disturbance in supplies from normally reliable sources, water, fuel, strike and lockout or any other event beyond the reasonable control of the Party concerned (hereinafter referred to as the "Eventuality").
In the event of an Eventuality, the affected Party shall give notice to the other within Two (02) Days from the date of occurrence and performance of this Contract shall be resumed as soon as possible after such Eventuality cease to exist, provided that if the obligation under this Contract is delayed by reason of any such Eventuality for a period exceeding Thirty (30) Days.
This Contract shall be governed by the laws of Sri Lanka.
If any dispute arises between the Parties concerning matters relating to this Contract or any provision thereof, the Parties herein shall use their best endeavours to resolve the dispute or difference amicably.
Failing amicable resolution of such dispute or difference by the Parties hereto the dispute or difference shall then be finally resolved by reference to the court of Law of Sri Lanka.
The Creator is required to agree that any advertising and/or promotional activities and/or publications with the use of media published on the AARTZY website needs to be pre-approved from AARTZY.
All dates, descriptions, instructions, markings of Creation and correspondence shall be in English.
Creator will not, assign any portion of responsibilities to a third party without the consent of AARTZY.
The failure by either Party to exercise or enforce any rights will not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement at any time.
All notices sent by registered post, electronic mail or delivered by courier shall be deemed to have been served, if by registered post, within seven (7) days of postage, if by electronic mail upon receiving the delivery confirmation, and if delivered by courier, on the delivery against receipt to the addresses or such other address as provided in writing by the Creator.
Any modification to terms and conditions will be in writing and signed by both Parties.
The Parties represent and warrant to each other that their authorised signatories are entitled to sign on their behalf and the rights and obligations of each of the Parties will be legally valid and binding and enforceable on them.
