Creative Terms & Conditions
INDELIBL CREATIVES TERMS AND CONDITIONS
Thank you for agreeing to register as a Creative here at Indelibl.
1. ACCEPTING THESE TERMS
1.1. In order to register as a Creative you must already be a Member of the
Community. These Terms and Conditions form part of the Members
Community Policy (or MCP as we call it) as well as the Buyers Terms and
Conditions which apply to you as if you are the Seller.
1.2. By registering as a Creative you are agreeing to be bound by the terms of
the MCP and all of the documents referred to in it. This includes these
additional rules or as we call them, Creatives Terms and Conditions.
1.3. When you register as a Creative you are opening up a whole range of extra
options here at Indelibl. As a Creative you will be able to create posts
detailing any events you may be running as well as being able to sell any
Original Artwork that you may have created. We will set out the additional
rules that you need to follow in order to be a Creative. We will not repeat
all of the rules that are set out in the MCP but by agreeing to become a
Creative you are deemed to have read them and to have agreed to them.
We strongly recommend that you do actually read them.
2. INDELIBL SERVICES TO YOU
2.1. We provide you with the following services (“Services”) (whether some or
all of them, as may be requested by you):
2.1.1. an online platform on which to sell and promote your Goods
whether Original Artwork or Printed Goods;
2.1.2. the ability to list your Goods in an online gallery and list and
promote upcoming events that you may be running;
2.1.3. the option for us to deal with the sale of your Goods on your behalf
i.e. for us to arrange for the posting and forwarding on of your
Goods as well as the collection of payment on your behalf.
Normally we will deal with all sales of Printed Goods on your behalf
and you will deal with the sale of all Original Artwork unless you
ask us to do otherwise;
2.2. In return for providing you with the Services we ask only that you abide by
the MCP, fulfil your obligations under these Terms and Conditions and pay
the Fees due to us in a timely manner.
3. YOUR OBLIGATIONS/WARRANTIES
3.1. In order to allow us to provide you with the Services you agree and warrant
to fulfil the following obligations (“Obligations”):
3.1.1. to abide by the terms of the MCP and hold us harmless for any
breach of the MCP by you;
3.1.2. to clearly state in your listings who you are and who is the original
creator of the Goods that you are selling;
3.1.3. that you have the right to sell and promote the Goods;
3.1.4. that all Original Artwork is one of a kind and you agree to provide a
certificate of authenticity signed by the creator with each Original
Artwork;
3.1.5. always list any information as accurately as possible and not to
deliberately mislead or provide false information;
3.1.6. to only charge reasonable delivery fees;
3.1.7. to respond to all queries within a reasonable period whether the
query is from us or from a Buyer;
3.1.8. to ensure that all Original Artwork is packaged safely and securely
in such a way as to reduce the risk of damage when posted;
3.1.9. where the Services we are providing to you include selling Original
Artwork on your behalf, to abide by our obligations under the
Buyers Terms & Conditions, as if you were us, and to indemnify us.
In other words, you agree to give us the same rights as we give to
the Buyers and you agree to hold us harmless if you breach them.
4. SELLING YOUR GOODS
4.1. You may promote and sell your Goods on Indelibl in accordance with the
MCP.
4.2. You agree that you will comply with the relevant law in relation to
providing Goods to consumers. In other words, you make the same
promises with regards to the Goods and their quality as we make to any
Buyers who use our website to purchase the Goods.
4.3. You control the rights to your Goods, subject to the MCP. This means that
you get to set the retail price of your Original Artwork. The only exception
is where you set the retail price too low and it does not cover our
minimum fee, in which case you give us the right to change it to an
appropriate level.
4.4. Once your Original Artwork has sold, we will inform you of this. You must
then ensure that you post the Original Artwork so that it is received by the
Buyer within 30 days of the date of sale.
4.5. You must provide the Buyer with a VAT invoice for the Original Artwork.
4.6. Printed Goods: As part of the Goods that we offer on the website, we give
you the opportunity to provide prints of your artwork etc, and we refer to
these in the Buyers Terms and Conditions as Printed Goods. We offer a
variety of items within this classification of Printed Goods. We reserve the
right to pick and choose which items will be sold.
4.7. If you would like us to sell Printed Goods on your behalf then you must
provide us with a high quality image in JPEG format to enable us to
commission the printing. You will be responsible for setting the price of
Printed Goods. The only exception is where you set the retail price too low
and it does not cover our Fee or any printing costs (“Charges”), in which
case you give us the right to change it to an appropriate level. We will pay
you the net profit in accordance with the MCP.
5. RECEIVING PAYMENT
5.1. We will collect payment for the Goods on your behalf (“Payment”). Once
the cancellation period for the Goods has expired you will be able to
request that we forward you the Payment, less our Charges.
5.2. We will set out minimum payment limits (“£100”)
above which we will not charge you for forwarding the Payment to you.
5.3. You may request a Payment be made to you below the Minimum Payment
Threshold however we reserve the right to charge you an appropriate fee
for doing so and this will reflect any charges incurred by us plus a small
administration fee.
5.4. We will deduct our Fees from any Payment before forwarding the Payment
to you.
6. POSTING CONTENT
6.1. As a Creative you have additional privileges compared to other Members
which allow you to post links to events that you are holding, publish
artwork and promote your work on our website.
6.2. You grant us the same licence as set out in the MCP to use your Content.
6.3. You are bound by the same restrictions/obligations for the posting of
Content as Members.
7. RETURNS AND DISPUTES
7.1. By listing your Original Artwork for sale you agree to be bound by the
returns policy set out in the Buyers Terms and Conditions. This means that
the Buyer will have 14 days from receipt of the Original Artwork to inform
you that they wish to cancel the purchase.
7.2. Responsibility for returns:
7.2.1. Where the Original Artwork is returned because it has been
damaged in transit, you are responsible for the costs of the Buyer
returning the Original Artwork. We will arrange the return on your
behalf and deduct the cost from any funds that we hold on your
behalf;
7.2.2. Where the Original Artwork is returned because the Buyer has
changed their mind, the Buyer will be responsible for the costs of
returning the Original Artwork.
7.3. Damage/loss in transit
7.3.1. We accept no liability for any Original Artwork lost, stolen or
damaged in transit. We strongly advise you to send all Original
Artwork via a reputable courier company together with appropriate
levels of insurance.
7.3.2. If Original Artwork is lost or stolen in transit and is not delivered
within 30 days of the date of sale, we reserve the right to refund
the Buyer in full and you will be responsible for making any claims
for compensation through your courier company.
8. FEES/CHARGES
8.1. We do not charge you a fee for registering as a Member or as a Creative.
We do not charge you a fee for listing your Goods on our website or for
posting up events or other listings that you are entitled to list as a
Creative.
8.2. We take a commission and charge a fee on a percentage basis (“Fees”) for
each Original Artwork sold and for each sale of Printed Works. Details of
our Fees and Charges can be found under Fees & Commissions in the FAQ
section of the website.
8.3. We reserve the right to increase our Fees by providing you with at least 14
day’s notice.
8.4. We will deduct our Fees and Charges from Payments received on your
behalf.
9. DISCOUNTS
9.1. We may from time operate a number of promotional incentives and
discounts (“Indelibl Promotions”) across the website. These Indelibl
Promotions will be offered at various times of the year and for various
reasons including increasing traffic to the website and to highlight the
efforts of the Creatives.
9.2. When we wish to offer Indelibl Promotions on Goods, we will contact you
before the Indelibl Promotion starts to obtain your approval. We hope that
you will appreciate our aims in running these discounts and that you will
work with us on these. However you will have the option to opt out of the
Indelibl Promotion on your account dashboard.
9.2.1. If you choose to participate in an Indelibl Promotion then we will
share the costs of any Charges as a result of the Indelibl Promotion
with you and credit your account accordingly.
9.2.2. If you choose to opt out of the Indelibl Promotion we will still be
able to apply the discounts or other incentives but then there will
be no additional cost to you and your Charges will be the same as if
no discount applied.
9.3. As a Creative we like you to have as much freedom as possible to market
your Goods and other events. In addition to the Indelibl Promotions, we
will give you the option to offer your own discounts at your discretion
(“Creatives Promotions”).
9.4. If you choose to run a Creatives Promotion then you will be responsible for
all Charges as normal.
10. REFERRALS
10.1. As well as the referrals system that we offer to Members, we also operate
a referral system to encourage you as a Creative to spread the word about
Indelibl by allowing you to give out discounts to Buyers. The discounts will
be treated as an Indelibl Promotion at no cost to you.
10.2. You may send people you know invitations (“Invites”) to join Indelibl
through your account dashboard. These invitations may be sent by email
or via various social media sites to people you know.
10.3. You may not post Invites on forums, user-groups or any third-party website
to people that you do not know. You must know the person you are sending
the Invite to.
10.4. For every ten new Members who sign up (“Sign Ups”) via your Invites, you
will be entitled to issue a number of 10% discount codes (“Discount Code”)
or you may choose to wait until the number of Sign Ups reach the desired
level of discount before requesting the Discount Code (up to a maximum of
50%) which can be used once by each of your customers during the
duration of the promotion. Normally a standard 30 days however this ma
vary depending on the individual campaigns.
10.5. Each Discount Code will expire 30 days after it is activated and may only
be applied to one purchase of Goods that are not sold by you.
10.6. You may use up to one Discount Code for your own use.
11. TERMINATION/ACCOUNT CANCELLATION
11.1. We may terminate or suspend your account at any time for any reason but
normally we will only do so if you breach the MCP.
11.2. Where we terminate your account for breach of the MCP we reserve the
right to hold any Payments outstanding to you until we are satisfied that no
Fees remain outstanding and that there are no further liabilities due from
you to us.
11.3. You may terminate your account by emailing Indelibl and requesting that
your account be terminated. Also if you wish to terminate your account as
a Creative but remain a Member you may do so by emailing us at
akwaaba@indelibl.co
11.4. Where you terminate your account we will forward you any outstanding
Payments due to you once we are satisfied that no Fees remain outstanding
and that there are no further liabilities due from you to us but generally no
later than 30 days from the date you inform us that you are terminating
your account.
12. LIABILITY
12.1. In relation to any of the Services, we give no warranties whether express
or implied in relation to them, and all warranties and conditions (including
the conditions implied by ss 12–16 of the Supply of Goods and Services Act
1982), whether express or implied by statute, common law or otherwise
are excluded to the extent permitted by law. Where you are located in a
different jurisdiction to us then we exclude all warranties and conditions
to the extent permitted by the relevant law, and where no such exclusions
are permissible then this clause does not apply to you.
12.2. Subject to clause 10.1 above our liability to you will never exceed more
than the total amount of Fees that you have paid to us in any six month
period.
13. GENERAL
13.1. The MCP does not create any right enforceable by any person who is not a
party to them under the Contracts (Rights of Third Parties) Act 1999.
13.2. Save for as expressly referred to in the MCP, the MCP and the documents
referred to therein, contain the full and complete understanding between
the parties and supersedes all prior arrangements and understandings,
whether written or oral, pertaining to the subject matter of the MCP.
13.3. The MCP shall not be deemed to constitute a partnership, joint venture,
contract or relationship of employment between the parties.
13.4. The MCP and any non-contractual obligations or liabilities arising out of or
in connection with these Terms shall be governed by the laws of England
and the parties submit to the exclusive jurisdiction of the English courts.