TERMS & CONDITIONS FOR ARTISTS

TERMS AND CONDITIONS OF THE DISPLAY AND SALE OF ORIGINAL WORKS AND DIGITAL PRINTS

 

1. Access to the website of ART HUNTER S.L.

1.1 An Artist who is interested in offering their works to third parties through the www.arthunterclub.com website must first register and become a “member”, following their acceptance as such by the entity ART HUNTER S.L.

1.2 Only after completing the admission process, may the Artist request the incorporation into the contents of the website of original works of art (“original artworks”), images with the technical specifications of their creations or those for which they hold the rights of intellectual property and/or sale and/or digital printing, for the purpose of display or display and sale.

For this purpose, the Artist will need to provide the data that may be required for each work that will be exhibited and/or sold and/or printed.

The information pertaining to each work must be accurate and in compliance with the content guidelines made available on the website www.arthunterclub.com.

1.3 The entity ART HUNTER S.L. reserves the right to edit the information on the works to ensure compliance with these guidelines.

All Artists and their works are subject to an assessment process and therefore the works that the Artist intends to upload to the website may take up to a week to become available.

The entity ART HUNTER S.L., at its sole discretion, reserves the right to publish all or part of an Artist’s work or to withdraw a previously approved work without the need to justify its decision and the Artist releases the entity ART HUNTER S.L. from any liability in this regard.

1.4 The entity ART HUNTER S.L. reserves the right to promote and market original artworks and/or digital prints through special sales or discounts.

1.5 Under no circumstances may the Artist exhibit and/or put on sale artworks of which they are not the creator or holder of the duly accredited rights.

Failure to comply with this obligation will lead to the removal of the images of the original works from the www.arthunterclub.com website and the immediate withdrawal of the Artist as a member of the entity ART HUNTER S.L.

Having confirmed this circumstance, the entity ART HUNTER S.L. reserves the right to all actions against the Artist who will answer to third parties for their conduct, exonerating the entity *** from any responsibility that may befall it for this reason.  

2. Marketing and sale of the submissions

2.1. By incorporating submissions for sale and/or digital prints of works into the contents of the website, the Artist appoints the entity ART HUNTER S.L. as an independent non-exclusive distributor with the right to negotiate the sale of such original artworks through the website on behalf of the Artist.

For this purpose, the Artist confers to the entity ART HUNTER S.L. a global, transferable, non-exclusive licence/right which includes the right to sublicense with the following powers:

(i) To use, reproduce, distribute, publicly present and publicly display copies of the original work through online sales channels; and

(ii) To access, view, use, crop, resize, copy, distribute, license, publicly display, publicly deliver, and transmit images and copies of the original artwork in any form, medium, or technology that is currently available or subsequently developed, with the aim of promoting the entity ART HUNTER S.L., the website and the services.

The Artist acknowledges and accepts that the aforementioned licensing rights are conferred in exchange for the display of their work on the servers of the entity ART HUNTER S.L. without any amount being paid to the Artist for the mere displaying of the works and with the right to receive the share corresponding to them when the entity sells any of their works.  

2.2 The entity ART HUNTER S.L. may designate one or more subcontractors, who may exercise the aforementioned licensing rights to enable them to process and fulfil orders for digital prints.

2.3. The entity ART HUNTER S.L. will manage the printed works acquired through online sales channels.

For this purpose, the entity ART HUNTER S.L. and/or its third party service providers will process and receive payment for works and manage the collection of works and their subsequent shipment to the buyer.

2.4. The Artist will be responsible for the provision of the original artworks to the forwarder to enable shipment to the buyer.

The Artist agrees to prepare the work for collection as per the instructions in the packing guide found in the footer of the website and to make the original work purchased by the buyer available to the forwarder as soon as possible and always within seven days of the date of purchase (the Delivery Period), since non-compliance with this time limit gives the buyer the right to rescind the sale.

The Artist agrees to reliably provide the exact or closest possible approximate weight of the shipment, the dimensions of the packaged artwork and the pick-up address. Should the weight, dimensions or pick-up address vary or differ from those provided by the Artist, the entity ART HUNTER S.L. reserves the right to subtract the additional shipping costs from the Artist’s payment.

The Artist commits to complying with the packaging standards of the entity ART HUNTER S.L. which can be found in the footer of the website. Non-compliance with these regulations may be subject to a penalty equal to the price of the sold artwork in the event of a claim or return by the buyer. In addition, such non-compliance may invalidate the fully comprehensive insurance coverage of the shipment.

2.5. The entity ART HUNTER S.L. will manage and be responsible for the processing of payments made by the buyer. In the case of original works, the Artist who has ownership of the work shall address the invoice to the buyer in their name if this is requested or issue a simplified unaddressed invoice in other cases and always under the responsibility of the buyer.

The invoice will be for the full amount paid by the buyer (RRP) including VAT which is typically 10% unless the Artist is invoicing through a company, in which case it is 21%.

Once the return period specified in the terms and conditions of purchase has passed, and provided that payment has been received correctly and not withheld by the buyer, the entity ART HUNTER S.L. will issue the Artist with an invoice for the original works sold amounting to 45% of the sales price excluding VAT, to which VAT will be applied at a rate of 21%, with the remaining amount being transferred to the current account specified by the Artist.

With regard to digital prints, the Artist will be automatically informed of any sales of their images for which they will receive 25% of the sale price (excluding VAT) and will invoice the entity ART HUNTER S.L. for these amounts, including VAT, which is currently 21% in the case of copyright.

The entity ART HUNTER S.L. will pay the corresponding fees to the Artists on a monthly basis.

 

3. Responsibilities

3.1. The Artist responsibly states that they are the sole creator and/or holder of the copyright to all original artworks and works for reproduction that they make available through the website and that they hold the rights of public distribution and/or reproduction. As a result, the Artist guarantees that:

(i) They are the creator, the exclusive owner and the sole and exclusive holder of all the intellectual property rights over the original artworks that they make available to the entity ART HUNTER S.L. for display on the website;

(ii) With regard to the works intended for reproduction that are made available to the entity ART HUNTER S.L. for display on the website, they are the creator, the sole and exclusive holder of all the intellectual property rights over said works, possessing all the rights, licences, authorisations and permissions that are required to grant the entity ART HUNTER S.L. the power to reproduce them; and that

(iii) None of the works that are made available to the entity ART HUNTER S.L., for their display on the website and for their exploitation under the terms outlined in these conditions, infringe or violate patents, copyrights or registered trademarks, and do not threaten privacy, do not breach confidentiality agreements, or other rights of intellectual property, advertising or privacy, or any applicable law or regulation.

3.2. The Artist shall hold the entity ART HUNTER S.L. harmless against any claim from third parties that may be made due to the alleged violation of intellectual or industrial property rights, due to the use of any material necessary for the provision of the services covered by this contract.

In the event that the entity ART HUNTER S.L. learns of any claim for an alleged violation of industrial or intellectual property rights, the Artist will assume the legal costs of defending the litigation and all damages and losses for which the entity ART HUNTER S.L. is ultimately found liable or which are caused to said entity, for which it will only be necessary for the entity ART HUNTER S.L. to notify the Artist of the existence of said claim.

3.3. The Artist is fully aware and acknowledges that, within the online sales system, the buyer has the right to rescind the purchase without justification within 14 days of receipt, and accepts that a settlement will not be received for such returned works.

Likewise, works marketed and sold by the entity ART HUNTER S.L. through the website www.arthunterclub.com that are returned by buyers due to problems with the quality of the work, its state of preservation, a lack of consistency between the image displayed on the website and the work received, or the poor condition of the work due to inadequate handling or packaging, will also not be eligible for remuneration or settlement.

All expenses caused by the aforementioned returns will be deducted by the entity ART HUNTER S.L. from the settlements paid to the Artist, and the Artist accepts that the entity ART HUNTER S.L. will offset these expenses in said settlements.

4. Promotions

The entity ART HUNTER S.L. reserves the right to carry out promotional offers.

Before offering any promotion, ART HUNTER S.L. will notify the Artist of the terms and conditions that they must expressly accept.

5. Data protection

5.1. The personal data provided to the Artist by the entity ART HUNTER S.L. for the purpose of managing deliveries, will only be those that are strictly necessary for the shipment of the work and for invoicing purposes and may only be used for the execution of these tasks and shall be processed in accordance with the instructions of the entity ART HUNTER S.L., and may not be disclosed or transferred to third parties in any manner, not even for the purpose of mere storage.

5.2. The Artist will adopt the necessary measures of a technical and organisational nature, and particularly those established in Royal Decree 1720/2007, of 21 December, which approves the Regulation for the implementation of Organic Law 15/1999, of 13 December, on the protection of personal data, in order to ensure the security of the personal data and to prevent their unauthorised alteration, loss, processing or access, taking into account the current state of technology, the nature of the collected data and the risks to which they are exposed, whether due to human action or the physical or natural environment.

5.3. The Artist is obligated to follow the instructions received from the entity ART HUNTER S.L. when processing the personal data of third parties. Once the provision of the services and/or works covered by this contract has been fulfilled, the Artist must return the processed personal data that are not needed for the management of invoicing and tax declarations.

In those cases in which such a return is not possible or is technically very onerous, the data in question, as well as any support or documentation containing any personal data, must be destroyed through the most effective procedure, without retaining any copies of such data and without any external parties, whether natural or legal persons, gaining any knowledge of the data, with the Artist being required to confirm these facts to the entity ART HUNTER S.L.

5.4. The Artist assumes responsibility for ensuring that personal data will only be processed by those employees whose involvement is essential for the provision of the services and/or works covered by the contract, and must obtain from such employees the corresponding commitment to confidentiality.

5.5. The Artist shall consent to any audits of the files containing the supplied personal data that may be considered necessary by the entity ART HUNTER S.L.

5.6. The Artist will be responsible for any sanctions, fines or claims for damages and losses that may result from non-compliance with the above and will indemnify the entity ART HUNTER S.L. for any amounts that may consequently be charged, including legal and extrajudicial expenses and costs that the entity ART HUNTER S.L. may have to bear in its defence.

5.7. Failure by the Artist to comply with the obligations established in this clause shall be grounds for the termination of the contract and immediate withdrawal of the Artist as a “member”, without prejudice to any indemnification for damages and losses that may be payable pursuant to the provisions of the previous section and without prejudice to any penalties that may have been established for such non-compliance.