Empyrean Artist Community: Terms & Conditions
By joining Empyrean Artist Community, you agree to the following Terms and Conditions.
Please read them carefully before providing us with your detailed information or registering to sell any of your artworks and art prints. EmpyreanArt.Gallery is an online store, Website, and platform developed and owned by Empyrean Arts. "Empyrean Art" is the brand name owned by Empyrean Arts.
These Terms and Conditions were last updated on 12th February 2022. Copyright 2022 Empyrean Arts. All Rights Reserved.
Please read these terms and conditions ("Terms"), a legal agreement between Empyrean Arts, a Company registered under the laws of India, having its principal place of business at B-403, Dharmendra CHS, Holy Cross Road, IC Colony, Borivali West, Mumbai 400103, Maharashtra, India (hereinafter referred to as "Empyrean Art", "Website", "Marketplace", "Online Art Gallery", "We", "Us" including its affiliates and agents) of the one part and You, who registers as an "Artist" to be featured on EmpyreanArt.Gallery (Hereinafter referred to as "Artist", "You", "Him/Her") of the other part.
These Terms and Conditions together constitute a legal agreement ("Agreement") between You and Empyrean Arts in connection with listing your artworks and art prints for sale on our Marketplace, which is conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and "Conditions"), as well as any other written agreement between you and us.
By clicking "Get Featured"/"Submit" button at the time of registration, by entering into an agreement with Empyrean Arts, you accept our Terms and Conditions and consent your approval to the provisions of the Terms as laid down herein below. When using our services, you may also be subject to additional rules. All such additional guidelines or rules are incorporated by reference into these Terms. If you disagree and do not wish to be bound by the Terms, you have no right to access or join the Empyrean Community.
We reserve the right to modify, discontinue or terminate the Website and Services offered thereunder or change these Terms.
You acknowledge and agree that it is your responsibility to review the Website and these Terms from time to time and familiarize yourself with any modifications. If we modify these Terms, we will post the modification on the Website. We will also update the "Last Updated Date" at the top of these Terms. Your continued use of Empyrean Community after posting a modification will constitute acknowledgement of the modified Terms and agreement to abide by and be bound by the modified Terms and Conditions. If the modified Terms are not acceptable to you, you may cease using the Website and our services.
Joining Empyrean Community as one of our empanelled artists.
- By joining Empyrean Community as an artist, you provide us with the license to sell all your listed artworks via the Empyrean Art Gallery platform.
- The Empyrean Art Gallery platform primarily comprises its Website, social media accounts, and its accounts on other marketplaces. Note: these may expand to other avenues as we deem fit.
- Empyrean Art has made its marketplace available for artists to list their artwork free of cost.
- Any platform fee charged for joining and listing artworks remains solely at our discretion.
- If you have a minimum of 5 listed artworks, you will be featured with a dedicated Collection Page within EmpyreanArt.Gallery, listing all the artworks agreed to be sold on our marketplace. Your dedicated collection URL (webpage) will be emailed to your registered email address for use as soon as the page goes 'Live'.
- When an artist allows a sale of original artwork at the Empyrean Art Gallery marketplace, the artwork needs to be unframed and unstretched.
- The minimum price (before tax) of the original art for sale is solely at our discretion.
- When an artist submits artworks to be sold on our platform for review, they confirm that they own artworks and have associated requisite copyrights in entirety. The Artist cannot provide any artwork to us for sale if they do not create it and don't own its copyrights in its entirety.
- In case of copyright issues or complaints of copyright/ownership of any artwork, the respective Artist will be solely responsible and will bear the complete consequences, legal, social, monetary or otherwise.
- We only act as a platform/marketplace that allows artists to sell their artworks through visibility to our prospective customers.
- We have a right to reject any artwork proposed for sale on our Marketplace in order to maintain the quality of artwork displayed in our gallery and for other reasons we may deem fit.
- We will use the artists' artwork image to print when it receives an order from our customers.
- The Artist provides us with a right to frame their artwork and art prints based on the customer order selection/preference.
- You, as an Artist, also provide us with a right to use your artwork images on our social media posts, advertisement, and promotion events.
- All decisions related to listing artworks on our Marketplace are reserved only with Empyrean Art Gallery.
- We charge the Artist a platform fee only when there is a confirmed sale.
- We calculate the platform fee during the first week of a month for the orders received in the previous month.
- Our platform fee is charged as per below:
- Original art (any size) 35% of the item sale value (before tax)
- Art Print (any size) - 80% of the item sale value (before tax)
- We reserve the right to change the platform fee at any time. However, the artists will be given prior notice on the registered email address.
- Artists have the choice to de-list their art for sale at any point in time. However, we will be allowed 15 business days to remove the product entry from our Marketplace.
- Our Platform fee includes:
- Printing cost
- Framing cost
- All required materials for printing, framing and packaging
- All labour costs
- Cost of shipping and delivery to the customer
- Marketing costs (Digital marketing, Offline marketing etc.)
- All operational and management costs in managing orders and delivery
- All platform costs for running, maintaining and enhancing the Website & other marketplaces
- Note: In the case of art print sales, we will bear the entire cost of printing, framing, packaging, shipping, tracking, delivery etc.
Shipping and Delivery of Original Artworks
On receiving an order, we will send an email to the Artist at their registered email address. The original artwork will have to be shipped by artists to the below-listed address. Once received, we will ensure the artwork is shipped to the customer through our Shipping vendor.
Address: Empyrean Arts, B-403, Dharmendra CHS, Holy Cross Road, I C Colony, Opposite HCG Hospital, Borivali West. Mumbai 400103, Maharashtra, India.
Phone Support: Call / Text: +91 85919 14253
Email Support: email@example.com
- Responsibility for shipping the original artwork and ensuring that we receive it in its original perfect condition within seven days remains solely with the Artist.
- We have years of experience and use proven packaging materials and processes to ensure that our customers receive the artwork without damage in transit. However, in the rare event that the customer receives the original artwork in a damaged condition, we will accept the return and return the same artwork to the Artist, excluding Art Prints printed by us.
- We don't bear responsibility for damages in transit to the original artwork and cannot be held responsible.
- Note: If a customer receives an art print in damaged condition, we will reproduce it and send it to the customer.
Payment to Artist
We process artists' payments in the first week of every month for the orders received in the previous month.
- Example of an Original Artwork sale: If an artists' original artwork is sold in January 2022 for a value of INR 100,000 (before tax), then in the first week of February 2022, we will payout INR 65,000 to the Artist. As our platform fees, we will deduct 35% of the original artwork value, i.e. INR 35,000.
- Example of Art Print sale: If an art print valued at INR 10,000 (before tax) is sold in January 2022, then in the first week of February 2022, we will make a payment of INR 2,000 to the Artist and 80% of the art print value, i.e. INR 8,000 will be deducted by us as our platform fee.
Suppose an order gets cancelled for the reasons mentioned below. In that case, 30% of the order value (before tax) will be charged to the Artist as a cancellation fee. We will return the artwork to the Artist in the condition it was received. A cancellation fee applies when an order gets cancelled due to any of these reasons:
- If we do not receive the original artwork within seven days from the date of order.
- If we receive the artwork in a condition that is visually different in any way from the original images sent by the artist to showcase on the Gallery, or in a damaged condition.
- We receive framed or stretched canvas artwork.
Note: We allow our customers to cancel an order with written notification to us before our production process begins, typically within an hour or two of placing an order. When a customer cancels an order, it is treated as no sale. Therefore, the Artist is not eligible for any proceeds from the sale. If it were an original artwork shipped by artists, it would be returned to the artists.
Get artworks featured on the Empyrean Art Marketplace
- Once the artworks are approved by us to be listed on our Marketplace, the Artist will be sent a detailed information sheet to fill out for each artwork.
- On submitting the complete information sheet for artwork, we will review the information and approve the listing details. In case of missing information, we will return the sheet to be duly filled again to the Artist a maximum of 3 times.
- Once we approve the listing details, your artwork will get listed for sale on our online art gallery.
- Every time an artist changes the artwork image, and the associated information, the artwork again needs to be re-submitted to us for review and approval.
- Artists can de-list an artwork at any point in time by giving notification by email to us. We will be allowed 15 business days to remove the product entry from our Marketplace.
Frequently Asked Questions: In case you have any queries, look through some of the answers to the most frequently asked questions. If you still don't have an answer feel free to reach out to us.
Grievance Officer: Kurt daSilva, Email Address: Admin@EmpyreanArt.Gallery, Contact Number: +91 85919 14253