Terms and Conditions
Here are the terms and conditions for buying original art from ASP Finearts.
Here, the Company referred is ASP Finearts, who creates and supplies the artworks.
The person who is buying the Art Work.
The type of service that the company has made and is willing to sell to the Purchaser according to the Agreement of Purchase. “Work,” “Artwork,” “Imagery,” and “Projects” all mean the same thing here.
The discussion, which is recorded by email (or, if email isn’t available, by Australian Postal Service), in which the Artist and Purchaser agree on the sale of the Work, the sale price, the sale address, the Transfer of Copyright, and any other details, such as framing, mounting, or shipping costs. This Agreement of Purchase and any other paperwork related to the Work will be kept by the Artist for at least two years.
The conversation, which is recorded by email (or by Indian Postal Service if email isn’t available), in which the Artist and Purchaser agree for the Artist to give the Purchaser the Copyright to the Work. This doesn’t include Trademark.
All prices are listed in US Dollars (USD), which is also how payments should be made. The Purchaser is in charge of giving the right amount, which is equal to the USD amount.
We prefer to be paid directly online or through a bank transfer. There are other ways to pay, like using PayPal or sending a check. In the Agreement of Purchase and Invoice, we will guide the purchaser on how to pay us.
The Artist will provide the purchaser an invoice that needs to be filled out during the agreement to buy and before payment. The Artist will not send the Work until he or she has both the completed Invoice and the payment. The price of the Work includes the Goods and Services Tax (GST).
Unless the Agreement of Purchase says otherwise, payments must be made within 15 days of receiving the invoice.
Please refer the following link https://aspfinearts.com/refund_returns/
Here, the company sells or gives the Work to the Purchaser for the price written in the Agreement of Purchase or as per the price tag in website.
When the Agreement of Purchase is signed, full payment must be made. Purchaser won’t get the Work until the agreed-upon payment amount has been received in full. The Agreement of Purchase states how payment will be made (i.e. bank account transfer, PayPal).
NOTE: All prices are specified as US Dollars ($USD). It is the Purchaser’s responsibility to ensure that they have converted currencies based on current exchange rates.
If the Purchaser sells, gives, or trades the Work, if the Work is inherited by the Purchaser, or if a third party pays compensation for its destruction, the Purchaser (or the person in charge of his/her estate) must let the Artist know within thirty (30) days.
In the event that someone else acquires ownership of the Work after receiving notice of this contract, that new owner is obligated to comply with all of the conditions of the agreement.
Unless otherwise specified and agreed upon in the Agreement of Purchase, the Company will continue to own all of the reproduction rights and copyright associated with the Work. In addition, the Company maintains complete ownership of all early designs and incidental works produced throughout the process of creating the artwork. Without the express and written consent of the Company, the piece of art may not be reproduced, sold, or used for any purpose that could potentially generate a profit.
A notice of intent to exhibit the Work at a show must first be provided to the Company by the Purchaser. This notification must provide the Company with all of the information about the show that the Purchaser is currently aware of.
The Purchaser is not permitted to enter the Work into any type of competition, whether it takes place online or off.
The Purchaser will not authorise any intentional destruction, damage or modification to the Work.
If the Work is damaged, the Purchaser will undertake to consult the Company before any restoration and must provide the Company the first opportunity to fix it, if practicable.
In response to a request made by the Purchaser or their successors, the Company agrees to provide a written history and provenance of the Work that is based on the Company’s best available information regarding previous exhibitions of the Work. When you purchase an original piece of artwork or a limited edition print, you will receive a Certificate of Authenticity that the Company has signed and dated.
Unless otherwise specified in the Purchase Agreement, the Company retains the right to sell the Work as general prints and goods through their Online Store at their discretion. Because the Company retains their Copyright through different online platforms, any prints/merchandise of the Work will be deleted from online platforms if a Transfer of Copyright for the Work has been made with the Purchaser.
The Company may photograph the Work at no cost to the Purchaser and with reasonable notification to the Purchaser.
It is required that a Notice in the form below be permanently fastened to the Work as a reminder that this contract governs matters pertaining to ownership, etc. If, on the other hand, a document stands in for the Work or constitutes a portion of the Work, then the Notice needs to be an indelible component of that document.
This contract binds the parties, their heirs, and all of their successors in interest, and all of the Purchaser’s obligations are attached to the Work and go with ownership of the Work. Unless something else is stated, this contract binds the parties, their heirs, and all of their successors in interest.
The Purchaser will not allow any use of the Company’s name or misuse of the Work that would reflect discredit on the Company’s reputation as an artist or that would violate the spirit of the Work. This includes any use of the Company’s name in advertising or other promotional materials.
Any photographs of the Work that the Company chooses to utilise for promotional reasons may be used by the Company. In addition to that, the Company might offer limited edition prints of the work. Unless otherwise agreed upon with the Purchaser, the Company may, at its sole discretion, make the Work’s associated merchandise available for sale.
The Company and the Purchaser will agree who will be responsible for paying the costs and expenses, including insurance, associated with the crating, packing, and shipping of the Work in order to deliver it to the Purchaser.
It is the responsibility of the Purchaser to ensure that all of their contact information is accurate and up to date. In the event that one party needs to move their address, they are required to give advance notice to the other party.
The Company is not liable for any damages that have been caused to the Work, with the exception of those that were caused due to the negligence of the Company or while the Work was in the ownership of the Company. Should this situation arise, the Company will get in touch with the Purchaser. The Company does not bear any responsibility in the event that the Work is stolen or misplaced. Once the Work has been shipped, the Company will provide the Purchaser with information regarding postage and tracking, as well as ensure that the Work is packaged in a manner that is both safe and secure. Once the Agreement has been signed and payment has been completed, the Purchaser is liable for any and all risks that may arise. The Purchaser is required to let the Company know within seven (7) days of receiving the Work if there have been any damages, and they are also required to provide evidence of any damages. In the event that the Work has been damaged but the Purchaser still desires to keep ownership of it, the Company shall issue a refund to the Purchaser equal to fifty percent of the total sum or as otherwise agreed upon. In the event that the Work is stolen, lost, or destroyed while in transit, the Company will reimburse the Purchaser for fifty percent of the total payment, unless otherwise agreed upon. There will be no reimbursement given for any losses or damages that occur as a result of the Purchaser’s carelessness or while they are in possession of the Goods.
Please refer the following link for knowing more about our Refund Policies
This Agreement expresses the parties’ complete and mutual understanding of the subject matter. Its terms can only be changed through a legally binding document that is written and signed by both parties. A waiver of one breach of one of the provisions of the Agreement must not be read as a continuous waiver of other breaches of the same or other provisions hereof. Rather, such a waiver shall only apply to the specific breach that was waived. The Indian laws will be applied to this Agreement in their entirety.
Should there be a violation in addition to a breach of these Terms of Service, the Company retains the right to pursue damages under Indian Copyright Law. This provision gives the Company the ability to protect their intellectual property.