Original Art &
– Original: ARVIVID takes 30% of commission the base price defined by the artist (excluding tax). The final retail price would be the sum of Artist’s ask price, plus 30% ARVIVID commission and applicable sales tax.
– Limited Edition, printed by artists: ARVIVID takes 30% of commission the base price defined by the artist (excluding tax). The final retail price would be the sum of Artist’s ask price, plus 30% ARVIVID commission and applicable sales tax.
– Limited Edition, with ARVIVID managing printing and the custody of corresponding certificates: ARVIVID takes 40% of commission on top of the base price defined by the artist (excluding tax), with a minimum charge of 300 USD. The final retail price would be the sum of Artist’s ask price, plus 30% ARVIVID commission and applicable sales tax. For example:
i) In the case that the commission is less than 300 USD: if the artist sets the base price at 200 USD, the commission of 300 USD would apply as the 40% commission would fall below the minimum (40% on 200 USD = 80 USD). The final retail price would be 500USD (200+300) plus applicable tax.
ii) In the case that the commission is greater than 300USD: If the artist sets the base price at 1000 USD, the 40% commission (= 400 USD) would apply as it is above the 300 USD minimum. The final retail price would be 1400USD (1000+400) plus applicable tax.
As commissions and taxes are always added on top of the artist’s ask price, they do not affect artist’s earnings.
All applications submitted will go through a selection process. ARVIVID may choose to represent, or not, the artwork submitted.
These contracting conditions for limited edition prints of Limited Edition works (the “Contract”, or “Limited Edition Conditions”) establish the terms and conditions that govern the relationship between ARVIVID S.L. (“ARVIVID”), a Spanish entity domiciled at Vía Dos Castillas 33, Building 4, 1st floor, 28224 Pozuelo de Alarcón, with N.I.F. B67763193, and independent artists (the “Artist” or “Artists”) who provide images of their limited edition works (the “Limited Edition Works”) on the website www.arvivid.com (the “Website”), with an aim to publish offers for the online sale of their Limited Edition Works to users of the Website (the “Users”) and, where appropriate, to reproduce, market and distribute them in accordance with this Contract. Artists must expressly accept these Limited Edition Conditions before registering and uploading the images of their Limited Edition Works onto the Website.
2. ARTIST’S PARTICIPATION IN THE REPRESENTATION AND DISTRIBUTION OF LIMITED EDITION WORKS ON THE ARVIVID WEBSITE
Artists must previously register on the Website and have an active Artist account, where they can upload images of the Limited Edition Works to the Website, which will be published and made available to the Users upon ARVIVID’s approval, with an aim to sell and market the approved artwork.
The Website holds exclusive rights to sell the specific editions that have been expressly assigned to ARVIVID by its author, the Artist. The Artist may publicly communicate, promote and advertise the sale of the edition(s) assigned to the Website if ARVIVID, and its Website is mentioned as the destination of purchase.
Artists may submit the images of the Limited Edition Works that they wish to market through the Website, once logged in via their peronal Artist account, following the process of incorporating and uploading files enabled in the “Artists Area” of the Website, which must be accompanied of a detailed description of the numbered editions out of the total available editions of the Limited Edition Work in question the Artist wish to market through the ARVIVID Website (i.e. the numbering of the edition within the series, title of the original of the Limited Edition Work, image, author, year, style, general technique, and where applicable, location of the original). Likewise, information on the total number of editions of the said artwork shall be provided, detailing any other additional editions beyond the numbered editions, including but not limited to the artist proof and show piece editions, whether these will be assigned to the Website or not. The Artist must provide the certificate of authenticity detailing appropriate information to the Users who acquire the Limited Edition Works, if the Artist supplies already printed artwork directly to Buyers/Users of the website. If ARVIVID is contracted for printing, the Artist should sign the certificate provided by ARVIVID.
Artists must provide complete and accurate information about the editions of the Limited Edition Works, including the images or representations of the images that are to be published on the Website for their promotion and sale, as Users do not have physical access to the Limited Edition Works until they complete the purchase process and receive the physical artwork. The Artist will hold sole responsibility for the information provided regarding the Limited Edition Works sold on the Website, guaranteeing that the information accurately describes the editions available to Users.
In the event that the description provided by the Artist is insufficient in the opinion of ARVIVID, the Artist may be required to provide additional information, as well as implement suggested modifications or supplements of information to the description. Any ARVIVID suggestion will be communicated to the Artist for approval within 3 calendar days from the said notification. In case of not receiving a response from the Artist to the suggested modifications or complements, they will be understood as effectively validated and the offer for the sale of the Limited Edition Work will be published together with the proposed description. The Artist holds sole responsibility and is liable for the non-conformity of the description and technical specifications published on the Website regarding the prints of Limited Edition Works that are distributed to the purchasing Users, even in the case of lack of response from the Artist validating any modified or complementary description of the Limited Edition works.
The Artists can initiate the sale of the Limited Edition Works together with the original at the same time through the Website, after accepting the Terms and Conditions of Sale of Original Works attached to these. These Limited Edition Conditions apply exclusively to the numbered editions of the Limited Edition Works provided by the Artist for sale through the Website, excluding the rest of the works and/or editions of the Artist.
Users will have access to the online catalog of the Limited Edition Works of the Artists through the Website, where Users will be able to acquire the Limited Edition Works via online purchase within the Website.
3. VERIFICATION AND DELIVERY OF LIMITED EDITION WORKS
Considering that all Limited Edition Works are available in limited quantities, all purchases and transactions of Limited Edition works made by Users through the Website are subject to confirmation and verification by the Artists. Once the User has completed the purchase process, ARVIVID will notify the order to the Artist so that the latter can express any anomaly in terms of availability, estimated delivery times of the Limited Edition Works acquired by the Users in the case that the editions in question are under the Artist’s custody, or any other circumstance relevant to the transaction.
After confirmation of the order by the Artist, the Artist holds sole responsibility for printing and signing the corresponding edition(s) of the Limited Edition Work, its correct numbering, as well as preparing and completing the certificates of authenticity and authorship to be sent to the User, together with the edition(s) ordered. Each Limited Edition Work must have the numbering of the edition versus the total number of the edition and the author’s signature on the white border of the front face.
Prior to sending the Limited Edition Works to the acquiring User, the Artist undertakes to collaborate with ARVIVID in order to allow the prior examination of the Limited Edition Work, through videoconference or any other technical means that ARVIVID has available in time, in order to verify that the Limited Edition Works meet the requirements of quality and integrity, are in accordance with their description and comply with the obligations and guarantees that the Artist assumes under these Limited Edition Conditions.
Applicable conditions if the Artist wishes for ARVIVID to produce and manage the prints of the Limited Edition Works
ARVIVID may provide support to the Artists for the printing of the Limited Edition Works, organization of shipments of the Limited Edition Works to the Users, upon written request of the Artist to ARVIVID or through the channels enabled for this purpose on the Website.
For these cases, the Artist must:
Number and digitally sign on the white border of the copies of the Limited Edition Works that have been assigned to ARVIVID, or at least provide these on the certificate
Send to ARVIVID as many numbered and signed digital files of the Limited Edition Works as the number of editions assigned to ARVIVID to be marketed through the Website;
Prepare and sign the certificates of authenticity of each of the copies of the Limited Edition Works, leaving the “size” and “medium” fields unfilled, which will be completed by ARVIVID according to User specification in the process of its purchase if multiple formats are available;
Send via email to ARVIVID the signed and numbered certificates of authenticity of all the copies of the Limited Edition Works assigned to ARVIVID;
ARVIVID will print the work when it receives a corresponding order and will fill in the size and medium fields on the certificate (if customizable), and will send the certificate together with the Limited Edition Work to the purchasing User through certified mail/courier service. Users will bear the cost incurred by the delivery service.
In the event that the Artist withdraws their Limited Edition Works from the Website, in accordance with these Limited Edition Conditions, ARVIVID will return the corresponding certificates of authenticity of withdrawn editions and permanently delete/remove their digital files.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
ARVIVID recognizes and respects at all times the ownership of the Artist’s intellectual property rights regarding their Limited Edition Works incorporated into the Website, as well as their intellectual property rights over the originals and the editions in question, which will remain under ownership of the author, in this case, the Artist at all times.
In the event that Artist is not the original author of the Limited Edition Works and is fraudulently acting as a reseller of the Limited Edition Works, Artist acknowledges that Artist will be fully liable for any future claims, fines or payment requirements imposed upon ARVIVID as a result of the Artist´s false claim of ownership and/or authorship, and that, where appropriate, ARVIVID reserves the right to withhold and claim the appropriate amounts from the Artist to compensate for the loss or damage, material or reputation, caused arising from the aforementioned action of the Artist.
5. ECONOMIC CONDITIONS AND PAYMENT TERMS
The applicable retail price for Limited Edition Works will be determined by the Artist in each case, taxes not included. The Limited Edition Works that are marketed through the Website are understood as a direct transaction between the Artist and the Users, ARVIVID acting as a mere intermediary in the communication between them, as well as an online sales channel that is made available to the Artists for the promotion and commercialization of their Limited Edition Works.
For such purposes, ARVIVID will invoice the Users for the purchase of the Limited Edition Works that they make through the Website, ARVIVID takes a 30% commission of the base price set by the artist (excluding tax) for the promotional and intermediary work for Limited Edition Art printed by the artist. A 40% commission of the base price set by the artist (excluding tax) with a minimum of 300 USD shall apply if ARVIVID is in charge of printing. Artists are responsible for the payment of all applicable taxes and fees incurred in such transactions. Payment to the Artist will be made through PayPal or bank transfer to the account number that Artist provides to ARVIVID in writing, within a maximum period of 10 days from the issuance of the corresponding invoice.
Shipping costs are covered in full by the Users who purchase the Limited Edition Art. However, ARVIVID may allow free shipping, in which case, ARVIVID would cover the shipping cost. Artist may entrust ARVIVID to manage and contract the transport or courier services that are necessary to execute the delivery of the Limited Edition works to Users.
Generally, ARVIVID does not apply discounts to Limited Edition Works. However, ARVIVID reserves the right to apply such discounts to no greater than 15% in rare occasions. ARVIVID Employees enjoy a 20% discount on purchases of Limited Edition Art.
The Artists’ use of the Limited Edition services, as well as the promotion and intermediation of their Limited Edition Works carried out by ARVIVID in accordance with these Limited Edition Conditions do not imply, in any case, the purchase by ARVIVID of the Limited Edition Works from the Artists and their subsequent resale to the Users, since the sale price to the public of the Limited Edition Works is fully determined by the Artist as the author of said Limited Edition Works .
6. DONATION TO CHARITIES
ARVIVID actively collaborates with NGOs or other charities (the “Charities”) creating tools that facilitate and promote their financing. Artists can access the list of Charities with which ARVIVID collaborates in the section of the Website called “Art for Good”. In this context, ARVIVID offers Artists the possibility of donating all or part of their remuneration for the sale of Limited Edition Works to said Charities.
When the sale of the Limited Edition Works has been linked to a charitable fundraising action, ARVIVID undertakes to donate 100% of the net profit, after deducting costs in marketing and overhead, obtained from commission for the sale of the Limited Edition Works to the beneficiary NGO. the charitable action in question. The Artist may freely choose to reserve the benefits of the sale, or else, to allocate the income obtained from the sale to charities and NGOs that collaborate with ARVIVID, as described in section 6 of the General Conditions of Contract.
Once the invoice corresponding to the donated remuneration is received, ARVIVID will make the donation in the name and on behalf of the Artist to the selected Charitable Entity. Once the donation has been made, the charity receiving the donation will issue a donation certificate in the name of the donating Artist.
7. RESPONSIBILITIES AND OBLIGATIONS OF THE ARTISTS
The Artist guarantees to be of legal age, as well as the veracity, accuracy and authenticity of the data provided in the registration and/or any other information related to their Artist account on the Website, as well as that it will be updated at any moment.
The Artist guarantees the personal authorship, as well as the exclusive ownership of the intellectual and industrial property rights contained in the Limited Edition Works, to both ARVIVID and the Users, assuring that works submitted for ARVIVID’s representation under the present Limited Edition Conditions do not infringe any type of copyright, intellectual property rights, industrial property rights, image rights, privacy or honor, or any other rights of third parties.
The Artist guarantees the quality, integrity and good condition of the Limited Edition Works, applying the highest standards of diligence and professionalism, including aspects such as, without limitation, that the qualities, materials used and the rest of the specifications of the Limited Edition Works correspond at all times to the description of the Limited Edition Works published on the Website. The Artist undertakes to notify ARVIVID, with the utmost urgency, of any anomaly detected or could occur and that could harm the marketing and completion of sale of the Limited Edition Works through the Website.
The Artist guarantees the full observance and compliance with the applicable regulations, including but not limited to, matters of intellectual property and tax, assuming all responsibility for any regulatory breach attributable to the offer and sale of the Limited Edition Works through the Website.
The Artist guarantees the authenticity and originality of the Limited Edition Works that it submits to the Website, signing it personally and numbering it correctly in accordance with the provisions of these Limited Edition Conditions. Likewise, the Artist guarantees that there have never been, and will not be, additional editions to the total number of editions communicated to ARVIVID at the time of submitting the images of the Limited Edition Works to the Website for sale. The Artist guarantees to incorporate the corresponding certificate of authenticity with the Limited Edition Work, which will be sent to the acquiring User. In the case that ARVIVID is in charge of printing the limited edition artwork in question, the Artist shall provide signed authenticity certificates.
In particular, the Artist guarantees that the Limited Edition Works incorporated into the Website do not participate in the NFT market, ensuring that no additional editions of the Limited Edition Work will be produced, in accordance with these Limited Edition Conditions. The Artist undertakes to sign, at the request of ARVIVID, a declaration of commitment to such effects.
The Artists undertake to indemnify ARVIVID for any material, moral or reputational damage, expense or cost (including any legal costs) arising from claims or proceedings brought by any third party due to the Artist’s misuse or misrepresentation of the Limited Edition Works and violations of the Limited Edition Conditions, and for any event derived from the Artist’s breach of these Limited Edition Conditions. The Artist acknowledges to be fully liable for the payment of any claim, fine or future payment requirement that may be directed against ARVIVID, and that, where appropriate, the appropriate amounts may be offset or withheld by ARVIVID to satisfy this responsibility.
8. DATA PROTECTION
ARVIVID will protect the personal data of the Artists and will use them only to the extent permitted by law or provided that the Artists have given their consent.
Provide information related to the Limited Edition Works and the Artist who authored them, according to the artistic category of the Limited Edition Works, name of the author, country, etc.
Identify the authorship of the Limited Edition Works published on the Website, either under the name or pseudonym of the Artist, as requested by ARVIVID in the exercise of its applicable copyright
Provide the Artist with a space to display their Limited Edition Works to Users.
View and manage the uploaded Limited Edition Works and manage the orders made by Users.
Artists can exercise their rights of access, rectification, deletion, opposition, treatment limitation, data portability, and are not subject to automated decisions and/or revoke the consent given. Artists can request data portability by email to the address indicated above or to the email address email@example.com.
9. DURATION AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP
The services related to the promotion, public communication for the offer, intermediation for the sale and support in the transport of the Limited Edition Works incorporated into the Website will begin to be provided from the acceptance by the Artist who enters these Limited Edition Conditions, and will remain in force and fully applicable for a minimum and irrevocable period of 1 year from the date of acceptance.
These Limited Edition Conditions may be automatically extended for annual periods, unless an expressly written objection to renewal is brought by either party at least 30 days in advance of the renewal date.
Either party may terminate these Limited Edition Terms, without prior notice, in the event of a breach by the other party of any obligations contained therein, provided that, if such breach is remediable, it is not remedied within ten (10) business days following the written notification of the complying party requesting it to that effect, or it is not remediable.
For the purposes of these Limited Edition Terms and for any communication required between the Contributors and ARVIVID, the Contributors may send an email to firstname.lastname@example.org.
11. MODIFICATIONS OF THE GENERAL CONDITIONS
ARVIVID reserves the right to modify or update the Limited Edition Conditions at any time. The version of the Limited Edition Conditions applicable in each case will be the one in force at the time of the incorporation of each Limited Edition Work to the catalog of the Website.
12. INDEPENDENCE AND INTEGRATION OF THE CLAUSES
The illegality, invalidity or ineffectiveness of any of the clauses of the Limited Edition Conditions will not affect the effectiveness of the rest, provided that the rights and obligations of the parties derived from the Limited Edition Conditions are not affected in an essential way.
Essential is understood as any situation that seriously harms the interests of any of the parties, or that the Limited Edition Conditions fall on the object itself. Said clauses must be replaced or integrated with others so that, according to the law, they address the purpose of the replaced ones. The parties waive any claim for damages that could be requested for this circumstance.
13. APPLICABLE LAW AND JURISDICTION
The Limited Edition Conditions are governed by common Spanish law.
Any controversy related to the Limited Edition Conditions will be submitted to the competent courts of the city of Madrid (Spain).
14. APPLICABLE CONDITIONS OF SALE OF ORIGINAL WORKS
The Website offers the possibility of publishing, together with the offers of Limited Edition Works, the price of the original work, when it is expressed in physical format, for the purpose of informing and/or offering the original work for sale to the users.
In the event that the Artist is interested in offering the original work for sale, these Particular Conditions include the special conditions that govern said sale, without prejudice to the complementary application of the Limited Edition Conditions in everything that is not expressly provided for, or contradict the content of these Particular Conditions.
The transfer of intellectual property rights for public communication (in all its forms, including making available through the Internet), for the purpose of promoting and selling the original artwork through the Website is not subject to any exclusivity, for which the Artist may exercise all intellectual property rights related to their works with full freedom and without any limitation.
Notwithstanding the foregoing, the Artist guarantees and assumes all responsibility to:
Maintain the availability of the original work once an order made by a User through the Website has been confirmed;
Keep ARVIVID promptly informed at the moment when the original work is no longer available for sale, eliminating its offer through the Artist account of the Website, or by immediate communication to ARVIVID through the communication channels enabled.
Exempt ARVIVID from any liability against any claims or complaints from representatives of the Artist or third parties for the infringement and/or conflict of the publication, promotion or sale of the original work on the Website, when the work is already committed to other sales channels.